Radha Ram vs Municipal Committee on 28 April, 1982
In Radha Ram's case (supra) the Full Bench of this Court was called upon to consider the effect of a declaratory decree obtained against the Municipal Committee and it was observed that in such a situation the employee continues to be in service and as a necessary consequence thereof would be entitled to all the emoluments flowing from that status. It was further held that in a suit for declaration, the civil Court sitting in appeal is competent to give any direction for the payment of the arrears of pay as a result of the dismissal order having been declared illegal or without jurisdiction. It will, thus, be seen that the observations, quoted above, virtually meet all the arguments raised by Mr. Mittal in support of this case. As already mentioned above, the prayer of the plaintiff-petitioner in the suit was that the order of his dismissal was void and this prayer was accepted by the Appellate Court and confirmed by this Court on 15.4.1982. In that situation, the order of dismissal being held to be void, all the consequential benefits would flow to the petitioner in terms of the Full Bench decision.