Employee to Retain Seniority and Pay Fixation, but No Back Wages for Termination Period
In a significant ruling, the Delhi High Court has partially allowed the writ petition of Gaurav Kumar, a former temporary chauffeur, by granting him continuity of service but denying arrears of salary for the period between his termination and rejoining. The decision, delivered by a Division Bench comprising Justices C. Hari Shankar and Om Prakash Shukla, aligns with a Supreme Court directive that had earlier reinstated Kumar with a probationary period.
Gaurav Kumar was initially appointed as a Temporary Chauffeur in 2013 but faced termination in 2016 due to unsatisfactory performance during his probation. The Supreme Court, in February 2022, set aside the High Court's earlier decision that upheld Kumar's termination, allowing him to rejoin with a fresh two-year probation period.
The central issue in the current proceedings was whether Kumar should be granted continuity of service from his initial appointment date, along with consequential benefits such as arrears of salary, seniority, and promotions. Kumar's counsel argued that the Supreme Court's order to "continue the services" implied full continuity from 2013, while the High Court's counsel contended that the absence of a specific direction from the Supreme Court regarding salary arrears warranted the rejection of such claims.
The High Court, while acknowledging the Supreme Court's directive for continuity of service, clarified that this continuity did not automatically entitle Kumar to arrears of salary for the period he was out of service. The Court held that pay fixation should consider notional increments as if Kumar's service was uninterrupted, aligning his pay with similarly placed employees. However, the Court denied Kumar's claim for promotions during the probationary period.
The judgment leaves open the question of seniority, stating that it would be adjudicated as and when the occasion arises. Kumar is now entitled to have his pay refixed in parity with peers who joined in 2013, but without any arrears for the period of his termination.
This decision highlights the judiciary's balanced approach in cases of employment disputes, where reinstatement does not always equate to financial compensation for the period of unemployment. The ruling provides clarity on the interpretation of continuity of service in employment reinstatement cases.
Bottom line:-
Service Law - Continuity of service granted as per Supreme Court's order for an employee terminated during probation. Arrears of salary for the period of termination not allowed, but pay fixation with notional increments granted for continuity of service.
Statutory provision(s): Central Civil Services (Temporary Service) Rules, 1985
Gaurav Kumar v. High Court of Delhi, (Delhi)(DB) : Law Finder Doc id # 2933210
