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Showing contexts for: demotion in Kumar Keshaorao Kale vs Shri Shivaji Education Society, Thr. ... on 4 September, 2017Matching Fragments
ORDER "The appeal succeeds. The impugned order of demotion dated 12.3.1996 is hereby quashed and set aside. The appellant shall stand restored to his position as the Principal of the College with entitlement to all benefits of salary and other dues from the date of the order of demotion. All such arrears as would thus be due to the appellant shall be paid by the respondents within a period of three months from the date of this order."
3] The learned Single Judge, in Writ Petition No. 2236/1999 after hearing the parties, has substituted the same by following directions -::: Uploaded on - 07/09/2017 ::: Downloaded on - 08/09/2017 01:56:25 :::
4 LPA316.09+1.odt "15. In view of this, the petition is partly allowed. The impugned order, in so far as it directs payment of arrears of salary from the date of demotion, is set aside and substituted by the following.
16. Respondent no.1 would be paid the difference of salary to which he would be entitled but for his demotion, and the salary which he would have been entitled to receive upon his demotion, from the date of his demotion till the date on which he would have ordinarily retired on superannuation. Respondent no.1 has already received certain amounts deposited by the petitioners in terms of interim orders by this Court. If the amounts so received do not exceed the amount due by a sum less than Rs.25,000/- the same shall not be recovered, considering the expenses that respondent no.1 must have incurred in fighting against his wrongful demotion."
Thus, the learned Single Judge finds the employee entitled to receive difference in salary in the post of Assistant Professor and Principal. 4] The employee has already superannuated from employment as he reached that age on 31.3.2002. The employer has, after departmental enquiry, inflicted upon him punishment of demotion as Assistant Professor on 12.03.1996. Thus, in view of 5 LPA316.09+1.odt superannuation, this adjudication may have impact on treatment to be accorded to the status of the appellant and therefore, quantum of his wages between 12.03.1996 to 31.3.2002.