JUDGMENT M. Katju, J.
1. Despite order dated February 14, 2003 no reply has been filed by the respondents to this application dated November 13, 2002.
2. By our judgment in Civil Misc. Writ Petition No. 25986 of 1995 decided on May 2, 2001 we had quashed the order terminating the service of the petitioner and the orders of the other authorities and we directed that the petitioner will be reinstated within a month and will get all back wages and other benefits treating her service not to have been terminated with 12% interest from the date of termination to the date of reinstatement. Against that judgment an SLP has been dismissed by the Supreme Court.
3. When a termination order is set aside then in the eye of law it has to be deemed that the termination never took place. Hence he/she becomes entitled to all the salary, allowances, benefits etc. which he/she would have received if his/her services would not have been terminated.
4. Hence, we direct that all allowances and other benefits claimed by the petitioner which the petitioner would have got had her service not been terminated shall be paid to her with 12% interest per annum from the date of termination till the date of reinstatement and that amount must be paid to her within two months from today.
5. We may clarify that interest is the normal accretion on capital and it is not a penalty or punishment. For example, if a person was entitled to a certain amount of money ten years ago and had he received that amount of money at that time he would have invested the same and earned interest on it. But if he is paid that amount ten years later then it is the employer who had earned interest on that amount of money. Hence the employer should return the money alongwith the interest on it, which the employer has illegally retained for ten years.
6. It is further clarified that since the petitioner's service had been illegally terminated (as held by this Court) the authorities must immediately consider her for promotion to higher posts because it was due to the fault of the authorities that the service of the petitioner was illegally terminated. Hence, the authorities must consider the promotion of the petitioner forthwith treating her as being in service throughout and she should be considered for promotion on the post on which those persons who were appointed alongwith the petitioner or were junior to her are now working. The petitioner cannot be made to suffer for the illegalities of the police authorities.
7. The application is disposed of. Let a copy of this order be issued to learned counsel for the parties on payment of usual charges by tomorrow.