The Supreme Court has issued notice to the J&K Government asking it why 109 police personnel dismissed after a strike in 1993 should not be reinstated in their original department.
A bench headed by Justice CK Thakker issued the notice on a bunch of petitions filed by the aggrieved cops who objected to the State government's stance of transferring them to the fire services department after the High Court ordered their conditional reinstatement.
Senior counsel and former Chief Justice of the J&K High Court Justice BA Khan told the bench that the State High Court had taken an erroneous view by directing the reinstatement of the dismissed cops and, at the same time, ordering their transfer to the fire services department.
He cited the apex court's earlier ruling in the Tamil Nadu State Transport Corporation Vs Neethivilangam and other cases where it was held that once an employee was illegally terminated, he/she should be necessarily reinstated and should not be made to suffer the consequences of such invalid order.
In the present case the 109 police personnel like constables, head constables and SIs were en mass dismissed from service after they went on a strike to protest against the custodial death of a colleague in 1993.
However, the High Court while quashing the dismissal order worked out a formula under which the dismissed cops instead of being reinstated within the police department were directed to be shifted to the fire services department.
Aggrieved by the High Court's judgement, the cops had filed the SLP in the apex court.