- (1.) The clear effect of the judgment dated 07.09.2018 passed in WP(C) No. 732 of 2018 and connected matters was to hold that the Presiding officers of the Debt Recovery Tribunal are to continue till they attain the age of 65 years or complete 5 years of service, whichever is earlier.
(2.) The applicant was discontinued on 17.09.2016 on attaining the age of 62 years. Pursuant to the interim order dated 14.11.2017 passed by this Court in these proceedings, the applicant had resumed services on 16.11.2017. He has completed 5 years of service in January, 2019. However, for the period from 18.09.2016 to 15.11.2017, he has not given salary and other benefits on the ground that he had not worked during this period. The effect of the judgment is, as mentioned above, that the applicant was to put in service for a period of 5 years or till he attained the age of 65 years, whichever is earlier. Therefore, discontinuation of his service on 17.09.2016 was clearly wrong.
(3.) In these circumstances, the applicant would be entitled to salary and other benefits for the period from 18.09.2016 to 15.11.2017 as the respondents cannot take benefit of their own wrong by discontinuing him and thereafter denying the salary on the ground that he did not work. We therefore, direct the respondents to pay the salary and other dues to the applicant within two months from today for the aforesaid period on the premise that the applicant continued in service. M. A. No. 222/2019 also stands disposed of. M. A. NO. 3089 OF 2018 IN T RANSFERRED CASE(C) NO. 302 OF 2017;