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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3361 OF 2017

[ARISING FROM SPECIAL LEAVE PETITION (C) NO.21823/2015] HINDUSTAN PETROLEUM CORPORATION LTD. APPELLANT(S)

                               VERSUS RAGHUNATH BHAGWAN SATPAL RESPONDENT(S)

J U D G M E N T KURIAN, J.

Leave granted.   2. The appellant/corporation is before this Court, aggrieved by the order dated 13.04.2015 directing the appellant/corporation to reinstate and continue the respondent  in  service,  however,  without  back  wages but with all other service benefits. 3. Thanks to the gracious cooperation rendered by Shri J.P. Cama, learned senior counsel appearing for the appellant, we are able to find a solution to the whole issue. 4. It is submitted that the respondent is willing to work in any vacancy of a Class IV employee in a place anywhere near to Sholapur, on account of his health problem, in case his pay is protected. 5. Learned  senior  counsel  for  the  appellant,  on instruction, submits that the appellant/corporation, can, as a special case, accommodate him in Pune. 6. The  respondent  be  accommodated  in  a  Class  IV vacancy,  protecting  his  pay  and  all  other  service benefits,  without  back  wages,  and  is  permitted  to continue in service but work in a Class IV post in Pune.   On  receipt of  the appointment  and transfer order, as above, which is to be issued in two weeks, the respondent will report for duty within two weeks. 7. We also make it clear that in case there arises any  Class  IV  vacancy  in  Sholapur,  he  shall  be considered for accommodation there.

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8. The impugned order is set aside and this appeal is disposed of, as above.  Question of law is kept open. 9. Pending  application(s),  if  any,  shall  stand disposed of. 10. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; FEBRUARY 27, 2017.

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