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february 2008

Supreme Court of India · 2008-02-06

Union Of India & Ors vs K.N. Prakasan

Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
K.N. Prakasan
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that the Central Administrative Tribunal failed to consider the implications of Fundamental Rule 54 while determining the respondent's entitlement to pay and allowances during the period of absence from duty. The Court emphasized that F.R. 54(4) mandates that a government servant, whose dismissal is set aside, is entitled to a portion of the pay and allowances they would have received had they not been dismissed. The Court ultimately set aside the tribunal's order and directed the appellant to comply with the provisions of F.R. 54 in determining the respondent's pay and allowances.

Union Of India & Ors vs K.N. Prakasan · Niyam