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Seva Sadan Education Society vs Shri Pyarelal Ramdeo on 19 June, 2007 cites

Nandganj Sihori Sugar Co. Ltd., Rae ... vs Badri Nath Dixit And Ors on 24 April, 1991

10. Though the Civil Court in a suit for declaration and injunction has powers to grant such a relief, in Service Rules the consequential relief like reinstatement or damages cannot be granted in case of termination of service and the reliefs to be granted are normally based on the terms and conditions of the appointment or the service rules, if any. If the appointment order says that for termination of service a notice of one month or three months is required to be given and if the notice was not given, while giving declaration of the order being illegal, the Court may direct to make the payment of the notice period but the Civil Court has no powers of directing reinstatement in service. This position in law is well settled. A three-Judge Bench in the case of Nandgani Sihori Sugar Co. Ltd. v. Badri Nath Dixit held in para 10 as under:
Supreme Court of India Cites 5 - Cited by 97 - T K Thommen - Full Document

Integrated Rural Development Agency vs Ram Pyare Pandey on 24 February, 1995

The abovesaid view was subsequently followed in the case of Integrated Rural Development Agency v. Ram Pyare Pandey 1995 Supp (2) Supreme Court Cases 495. In view of this well settled legal position, the lower Appellate Court fell in error in confirming the decree passed by the trial Court. The lower Appellate Court passed a decree holding that the suspension order was illegal and void ab initio and could have also granted an injunction against the Management restraining it keeping the plaintiff under suspension or keeping him away from his ordinary duties. The relief of reinstatement or the damages etc. could not have been considered in the instant case. Under these circumstances, though the view taken by the lower Appellate Court that the Management had suspended the plaintiff, its finding that the suspension was illegal is unsustainable and it also fell in manifest error in confirming the decree passed by the trial Court.
Supreme Court of India Cites 6 - Cited by 27 - K S Paripoornan - Full Document
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