TMI Blog1986 (8) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... er challenged the termination order dated April 21, 1981, issued to him by the 1st respondent purporting to act under rule 24 of the Service Rules. By an amendment made at the stage of appeal, the appellant has impugned the vires of the said rule on the ground that it is inconsistent with article 14 of the Constitution of India and hence ultra vires. This contention of the appellant is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must follow. At this stage, the advocate for the appellant and counsel for the 1st respondent have brought to our attention the fact that on April 30, 1980, the appellant was directed to stand transferred to New Delhi. This order has not been challenged in the writ petition and, therefore, the order would still be effective. Accordingly, it is required to be made clear that when he gave relief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be reduced to the round figure of Rs. 21,000. It is made clear that, although unnecessary to do so, the full back wages would include all allowances and if the appellant resigns today, the terminal benefits have to be computed as if the appellant was in service till today. On inquiry made with Mr. Damania, he states that the appellant would be entitled to resign and that the 1st respondent will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st respondent to make calculations and effect payment and states that the 1st respondent should be given time up to October 15, 1986, to effect the payment, the period sought for being not unreasonable. Accordingly, we direct that the payment of amount under our order both by way of full back wages and terminal benefits should be made on or before October 15, 1986. If the payment is delayed for an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that on such application being made in the proper form or forms, the same will be disposed of by the Income-tax Officer expeditiously. The 1st respondent will deduct tax, if any, on the footing that the amount is spread over this period. Mr. Shetye has submitted that the appellant should get costs of this appeal. Bearing in mind the nature of the proceedings and the fact that the amendment was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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