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Union of India & Ors. v. Shiba Prasad Mitra

 Leave granted.

(Kurian Joseph and R. Banumathi, JJ.)

Union of India & Ors. ______________________________ Appellant(s)

v.

Shiba Prasad Mitra _________________________________ Respondent

Civil Appeal No. 15444 of 2017 [Arising out of S.L.P. (Civil) No. 19403 of 2017], decided on September 22, 2017

The Judgment of the Court was delivered by

Kurian, J.:—

1. Leave granted.

2. Appellants are before this Court aggrieved by the impugned Judgment dated 10.08.2016 by the High Court. The High Court upheld the order passed by the Central Administrative Tribunal, Calcutta to reinstate the respondent in service with back wages from the date of termination. In the nature of the order we propose to pass, it is not necessary to go into the factual matrix.

3. Thanks to the gracious cooperation extended by the learned Solicitor General and also by the learned Counsel appearing for the respondent, we are in a position to dispose of this appeal without going into the merits of the matter.

4. Though several contentions have been taken by the parties, as agreed, the respondent shall be deemed to have been reinstated as per the impugned order, but shall be deemed to have compulsorily retired from service as on today. All the consequential benefits arising out of such reinstatement and compulsory retirement shall be disbursed to the respondent within a period of three months from today.

5. With the above observations and directions, this appeal is disposed of.

Petition(s) for Special Leave to Appeal (C) No(s). 19403/2017

Union of India & Ors _______________________________ Petitioner(s)

v.

Shiba Prasad Mitra _________________________________ Respondent

Date : 22-09-2017 This petition was called on for hearing today.

(Before Kurian Joseph and R. Banumathi, JJ.)

For Petitioner(s) Mr. Ranjit Kumar, Solicitor General

Mr. Aman Sinha, Sr. Adv.

Mr. R. Balasubramaniam, Adv.

Mr. S. S. Ray, Adv.

Ms. Aarti Sharma, Adv.

Mr. Akshay Amritanshu, Adv.

Mr. Mukesh Kumar Maroria, AOR

For Respondent(s) Mr. Bhupesh Ranjan Das, Adv.

Mr. Kaushik Krishna Ghosh, Adv.

Mr. M. K. Ghosh, Adv.

Ms. Tina Garg, Adv.

Mr. Rohit Dutta, Adv.

Mr. B. Ramana Murthy, AOR

UPON hearing the counsel the Court made the following

Order

6. Leave granted.

7. The appeal is disposed of in terms of the signed non-reportable Judgment.

8. Pending Interlocutory Applications, if any, stand disposed of.

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