1 S.B.CIVIL WRIT PETITION NO.556/2007 Jugat Dan @ Jugta Ram v. State of Rajasthan & Ors. Date of Order :: 26th September, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.K.Malik, for the petitioner. Mrs.R.R.Kanwar, for the respondents. .... By an order dated 4.5.1990 appointment was given to the petitioner as Ward Boy in the pay scale of Rs.750-940, against the vacancies relating to the handicapped persons. On being terminated from service by an order dated 31.1.1997, he raised an industrial dispute that was referred for its adjudication to Labour Court, Jodhpur by the appropriate government. The Labour Court, Jodhpur by its award dated 18.1.2003 declared termination of the petitioner w.e.f. 31.1.1997 bad and, therefore, directed the employer respondent to reinstate the workman in service. The wages for the period the workman remained out of employment were denied on basis of principle of no work no wages. In pursuant to the award dated 18.1.2003 the Principal Medical Officer, Government Nahata Hospital, Balotara reinstated the petitioner as Ward Boy in the pay scale of Rs.2550-3200. The fixation of the petitioner's pay was made at the minimum of the pay scale i.e. of Rs.2550-3200. 2 The case of the petitioner is that while making fixation of his pay in the pay scale of Rs.2550-3200 the respondents should have allowed all annual grade increments notionally and fixation of his pay should have been made at higher stage than to the minimum of the pay scale concerned. In reply to the writ petition it is stated by the respondents that appointment of the petitioner on 31.5.1990 was not regular and the Labour Court also not allowed back wages to him, therefore, at the time of reinstatement he was rightly fixed at the minimum of the pay scale i.e. of Rs.2550-3200. In rejoinder to the reply the petitioner mainly reiterated whatever he already said in petition for writ. Heard counsel for the parties. From perusal of the order dated 4.5.1990 (Anx.P/4), it is apparent that the appointment of the petitioner was made by following regular selection process against the vacancies relating to handicaps, with regular pay scale of Rs.750-940. Thus, the appointment of the petitioner was not irregular. The termination of the petitioner from service on 31.1.1997 was declared illegal, accordingly, while 3 making an order of reinstatement the Labour Court in quite unambiguous terms made it clear that the petitioner shall be treated in continuous service. Meaning thereby, the petitioner is required to be treated in service of the employer from the date of his initial appointment i.e. 31.5.1990. The respondents, therefore, while making fixation of the petitioner in the pay scale of Rs.2550-3200 should have fixed his pay by notional grant of all annual grade increments in the relevant pay scale. The denial for back wages means non payment of wages for the period the workman remained out of employment. In no manner it could be a reason for denial of notional benefits, otherwise that will amount to re-employment and not the reinstatement. The term reinstatement in service is quite unambiguous and it means putting back of a person in service into a former position. Such re-installation wipe outs the fact and consequences of termination from the service record. The non grant of annual grade increments notionally and making fixation of the petitioner at the minimum of Rs.2550 in the pay scale of Rs.2550-3200 shall not be reinstatement but re-employment. The petitioner for writ, therefore, is allowed. The respondents are directed to grant all annual grade increments to the petitioner for the period he remained out of employment i.e. from 31.1.1997 to 18.11.2003 notionally and then to make 4 fixation of his pay in the pay scale concerned i.e. of Rs.2550-3200. The petitioner shall be entitled for getting all consequential benefits as a consequent to fixation referred above including the actual payment of enhanced wages after 18.11.2003, the day on which the petitioner was reinstated in service. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.