Section 47 in West Bengal Municipal (Employees' Service) Rules, 2010
47. Pay and allowances on reinstatement when order of dismissal etc. are set aside by the Court
. (1) When an employee who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation while under suspension or not, the authority competent to order reinstatement shall consider and make a specific order :(a)regarding the pay and allowance to be paid to the employee for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement as the case may be: and(b)whether or not the said period shall be treated as a period spent on duty.(2)Where the authority competent to order reinstatement is of opinion that the employee who had been dismissed, removed or compulsorily retired has been fully exonerated, the employee shall, subject to the provisions of sub-rule (6), be paid the full pay and allowances to which he would have been entitled, had he not been dismissed. removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be :Provided that where such authority is of opinion that the termination of the proceeding instituted against the employee had been delayed due to reasons directly attributable to the employee, it may, after giving him an opportunity to make his representation within sixty days from the date on which the communication in this regard is served on him and after considering the representation if any, submitted by him, direct, for reasons to be recorded in writing, that the employee shall, subject to the provision of sub-rule (7), be paid for the period of such delay, only such amount (not being the whole).(3)In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as period spent on duty for all purposes.(4)In cases other than those covered by sub-rule (2), the employee shall, subject to the provision of sub-rule (6) and (7), be paid such amount (not being whole) of the pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine after giving notice to the employee of the quantum proposed after considering the representation, if any, submitted by him in that connection within such period, which in no case shall exceed 60 days from the date on which the notice has been served, as may be specified in the notice.(5)In a case falling under sub-rule (4) the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be treated so for any specified purpose :Provided that if the employee so desires, such authority may direct that the period of absence from duty including the period of suspension preceding the dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind clue and admissible to the employee.Note. The order of the competent authority under the proviso to this sub-rule shall be absolute for grant of :-(a)extra-ordinary leave in excess of three months in the case of temporary employee, and(b)leave of any kind in excess of five years in the case of permanent employees.(6)The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible.(7)The amount determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under rule 46.(8)Any payment made under this rule to an employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement.
