entitlement to
salary for the disputed period or regulates the alleged termination in the
manner pleaded. His claim arises from the terms of the appointment ... claim for notice pay is equally dependent on establishing
wrongful termination in breach of the terms of appointment and the
principles of natural justice. Similarly
trite law that where termination of service is held to be illegal or
wrongful, reinstatement with continuity of service ordinarily follows, and
grant of back ... interregnum period.3
11. In the present case, the Petitioner's termination was set aside by the
DST on account of non-compliance with
fundamentally distinguishable from the
present case.
60. In both these cases, the termination orders were set aside primarily
because the employers were found to have ... dismissal was held to be
wrongful on account of fabricated or meritless charges in the inquiries, the
termination in the case at hand is being
termination by
the management and not abandonment by the employee.
9. Counsel submits that the DST was also wrong in computing limitation
from April
notice pay. That would fail to
reflect the nature of the wrong. The Petitioners were not disengaged in the
ordinary course upon the natural expiry ... fair and workable measure for moulding relief. It acknowledges
that the termination cannot be upheld, while avoiding the artificiality of
ordering reinstatement into a contractual
about his performance.
23. The Petitioner also urges that the institution had wrongly ignored one
publication and undervalued his work. The difficulty with that submission ... Petitioner also attempted to cast the case as one of punitive
termination by relying on the FORE SUTRA show cause notice and the later
service" for pensionary purposes, which
according to the Petitioner, has been wrongly reckoned as 28 years. The
Petitioner contends that such computation is erroneous ... account for the full length of service rendered,
including the period between termination and reinstatement. In this
background, the Petitioner had approached this Court seeking
concerned with public law remedies and does not ordinarily extend to
private wrongs arising out of contract. In K.K. Saksena v. International
Commission ... disclose the necessary
public law element. The impugned action is the termination of the
Petitioners' services by Respondent No. 2. The relief is directed
Vishwajyoti vs Virender Kumar Sardana on 24 March, 2026
Author: Sanjeev Narula
Bench: Sanjeev Narula
Ms. Meenakshi Sharma And Ors vs Director Of Education And Ors on 14 May, 2026
