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.