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AZHAR KHAN v. THE STATE OF MAHARASHTRA .

Supreme Court of India | Diary 10279/2017

Status

ROP - of Main Case

Decided On

24-04-2017

Bench

Petitioner

AZHAR KHAN

Respondent

THE STATE OF MAHARASHTRA .

Primary Holding

Upon dismissal of a service matter, an employee's service may be treated as continuous for all purposes, while back wages are restricted to 30% as a just and equitable relief.

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Full Judgment Text

ITEM NO.32 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 8308/2017 (Arising out of impugned final judgment and order dated 16/18.04.2016 in WP No. 12038/2015 passed by the High Court of Bombay At Aurangabad) AZHAR KHAN Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 24/04/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Sudhanshu S. Choudhari, Adv. Ms. Surabhi Gularia, Adv. Mr. Rajat Kapoor, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. We find no reason to entertain this Special Leave Petition, which is, accordingly, dismissed. However, we make it clear that the service of the petitioner shall be continuous for all purposes except for the back wages, which shall be only 30%. Pending interlocutory applications, if any, stand disposed of. (Jayant Kumar Arora) Court Master (Renu Diwan) Assistant Registrar

lITEM NO.32 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C)......CC No(s).8308/2017(Arising out of impugned final judgment and order dated16/18.04.2016 in WP No. 12038/2015 passed by the High Court ofBombay At Aurangabad)AZHAR KHAN Petitioner(s) VERSUSTHE STATE OF MAHARASHTRA & ORS. Respondent(s)(with appln. (s) for c/delay in filing SLP)Date : 24/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Sudhanshu S. Choudhari, Adv. Ms. Surabhi Gularia, Adv. Mr. Rajat Kapoor, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. We find no reason to entertain this Special Leave Petition,which is, accordingly, dismissed.However, we make it clear that the service of the petitionershall be continuous for all purposes except for the back wages,which shall be only 30%. Pending interlocutory applications, if any, stand disposedof.(Jayant Kumar Arora)Court Master (Renu Diwan)Assistant Registrar

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