Government job and Court case.
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That my brother was working in Railway as group-c employee. He was removed from service in 2015. He has challenged his removal in CAT in 2016 and decision is pending till now.
In 2018 he joined a new job in UP State in 2018 as per rule and drawing the payment after regular duty as per rule.
If the CAT pending decision comes in favour of my brother, then he will again join his earlier job after resignation the present State Govt. job. In this condition i have some doubt regarding the payment of salary for removal periods.
-Some people says that he can take the salary through court's decision, because there is no mistake done by him.
- Some people say that he is drawing his present payment after serving the government, hence it is correct and another payment for removal period will be through court's decision, for which he is is not responsible. It will be railway employer's fault.
- Some people say that nobody can take two payments for same period.
In the above conditions I want to know that -
1. Will he eligible for full payment of salary for removal periods while he is working in State Govt. job and taking a salary during this periods?