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Supreme Court of India 2020-02-14 allowed

VINOD RAVJIBHAI RAJPUT vs STATE OF GUJARAT & ORS

Bench: 2 — Indira Banerjee, A.S. Bopanna

In Brief

A museum gallery attendant in Gujarat was improperly denied the benefits of reinstatement with continuity of service after his lawful termination was challenged. The Supreme Court held that when a higher court's final judgment orders reinstatement, the authorities cannot circumvent it by issuing fresh appointments. The appellant was entitled to reinstatement with continuity of service from his original 2002 appointment, differential salary between positions, and consequential benefits—but not back wages for the period he actually did not work. Recruitment rules issued after the appointment could not be retrospectively applied to determine eligibility.

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Civil Procedure Administrative Law Employment Law Writs and Remedies Government Employees Continuity of Service

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