NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.23458 OF 2008
Hindustan Paper Corporation Ltd. ..........Petitioner
Versus
Mrs. Premjit Kaur Takhi ........Respondent
ORDER
H.L.Dattu, J.
1) This special leave petition is directed against the judgment and order
passed by High Court of Delhi in L.P.A. No. 1054 of 2007 dated
19.8.2008, wherein and whereunder, the court has affirmed the order
passed by the learned Single Judge in Writ Petition No. 2729 of 1989
dated 29.5.2007. The learned Judge while quashing the official
Memorandum dated 10.12.1989 issued by the petitioner-Hindustan Paper
Corporation Ltd. (`Corporation’ for a short), has directed the corporation
to reinstate the respondent herein and further to pay 50% salary along
with other consequential benefits from the date of the termination order.
2) This court on 3.10.2008 had passed the following order :
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“Issue Notice on the Special Leave Petition.
Status quo, as on today, shall be maintained with
regard to the amount already deposited.”
3) Since the issues involved in this petition lie in a narrow compass, we
heard the learned senior counsel Shri P.P. Rao and the learned for
respondent Shri J. Buther.
4) In our considered opinion, in the facts and circumstances of the present
case, interference with the impugned judgment is not called for.
Accordingly, we reject the special leave petition, leaving it open to the
petitioner-Corporation, to agitate the question of law raised in the present
special leave petition in an appropriate case.
5) In the result, we direct the petitioner-Corporation to re-instate the
respondent with in 30 days from today and we also make it clear that the
Corporation shall not recover any amount that is already paid to the
respondent during the pendency of the matter before various forums.
Respondent is also entitled to all the monetary and service benefits from
the date of the order passed by the Corporation viz., 10.2.1989 till her
reinstatement into service.
6) With the above observation and directions, the special leave petition is
rejected. Parties are directed to bear their own costs.
…………………………………J.
[TARUN CHATTERJEE]
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…………………………………J.
[ H.L. DATTU ]
New Delhi,
May 08, 2009.
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