National Hydroelectric Power … vs V.P.Gupta & Anr on 4 May, 2009

                                 IN THE SUPREME COURT OF INDIA
                       CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO.3469 OF 2009
         (arising out of SPECIAL LEAVE PETITION (C) NO.10645/2008)

NATIONAL HYDROELECTRIC POWER
CORPORATION LTD. & ORS.                                  ....APPELLANTS
                         VERSUS
V.P. GUPTA & ANR.                                        ....RESPONDENTS


                                     ORDER

Leave granted.

This appeal by special leave is directed against the judgment and

order dated 22nd January, 2008 passed by the Punjab and Haryana High Court in

Civil Writ Petition No.10758 of 2006 filed by the respondent herein. The High

Court allowing the writ petition and setting aside the orders passed by the

authorities, directed that the writ petitioner would be entitled to all the

consequential benefits as a result of setting aside of the order of removal passed

against him. High Court had granted full backwages to him. It has been submitted

before us that other service benefits, which he is entitled for after retirement, have

already been given.

In that view of the matter, we are of the opinion that only order that

can be passed in this appeal is to modify the backwages granted to the respondent.

Accordingly, we modify the impugned order and direct to pay 30 per cent of the

backwages to the respondent.

contd…2/-

::2::

The appeal is accordingly disposed of with no order as to costs.

Interim order granted by this Court stands vacated.

……………………….J.

(TARUN CHATTERJEE)

……………………….J.

(H.L. DATTU)
NEW DELHI,
MAY 4, 2009.