HC orders reinstatement of employee dismissed 25 years ago

A division bench comprising Justice Elipe Dharma Rao and D Hariparanthaman said her act could not be characterised as a deliberate attempt to cheat her co-employee as she had handed over the salary to the Superintendent the same day.

The petitioner G Annie Christy said she was appointed as clerk in Southern Railway under the quota for physically challenged persons.She said on 29th September, 1984, she collected her salary and also that of her colleague Arokya Mary Jacinta as she was not present in office at the time the wages were distributed. However, later she left the office due to health problems and gave her leave application to the Superintendent.
Annie Christy said said it was the practice in the office to receive the salary of a co-employee on their behalf and hand over it to concerned person.

The petitioner said she returned to the office later with an intention to hand over the salary to Arokia Mary Jacintha. However, since her colleague was not present in the office, she handedover it to the Superintendent.

However, she was dismissed from service on June 6, 1985 after an inquiry by the Railways.Though a tribunal had in February 2003 had stated that her dismissal was not justifiable as she left the office due to health related problems and ordered for her reinstatement with continuity of service and backwages, she was not taken back, the petitioner said.

However, a single bench of the High Court had in November 2008 quashed the tribunal's order following an appeal by the Railways.

In its order, the Division bench today directed the Railways to reinstate the petitioner and ordered to pay wages from the date of the tribunal's award till she was taken back.
The Judges said it was an admitted fact that the petitioner returned to office the same day itself and handed over her colleague's salary to the Superintendent as she had no intention to cheat her fellow worker.