ALOK SINGH, J.
1. Present appeal has been filed challenging judgment dated 21.11.2008 passed by the learned Single Judge, thereby directing reinstatement of the appellant in service with 40% back wages. The appellant, aggrieved by the part of the judgment by which full back wages were declined, has preferred the present appeal.
2. Appellant has appeared in person and argued vehemently that once termination order is found to be illegal and without jurisdiction, the learned Single Judge ought to have granted full back wages. He further argued that even if respondent No. 1 is the successor of the Punjab Agricultural University, it does not absolve respondent No. 1 from his liability to make payment of entire back wages.
3. Learned Single Judge in the impugned judgment relying upon the judgment of the Supreme Court in J.K Synthetics Ltd. v. K.P Agrawal and another, (2007) 2 SCC 433, U.P State Brassware Corporation Ltd. v. Udai Narain Pandey, 2006 (1) SCC 479, Allahabad Jal Sansthan v. Daya Shankar Rai, 2005 (5) SCC 124 and Kendriya Vidyala Sangathan v. S.C Sharma, 2005 (2) SCC 363, has observed that direction of back wages is not automatic.
4. The appellant who has appeared in person, has cited judgments of the Apex Court in K.V Sangathan v. S.C Sharma, 2005 (2) SCC 363 and General Manager, Haryana Roadways v. Rudhan Singh., 2005 (5) SCC 591.
5. We have carefully perused the aforesaid judgments relied upon by the appellant. In K.V Sangathan's case (supra), the Apex Court has held that direction of back wages is always a discretion of the Court.
6. The appellant could not cite even a single judgment to the effect that direction of back wages is automatic with the direction of reinstatement. In our opinion, learned Single Judge has rightly exercised his discretion by awarding 40% back wages, in the facts and circumstances of the present case.
7. We do not find any good ground to interfere with the view taken by the learned Single Judge.
8. The appeal is dismissed.
(ALOK SINGH)
JUDGE
(ADARSH KUMAR GOEL)
JUDGE
28.01.2010
sk.