Md Rosidul Islam Son of Late Bahadur Islam v. North East Frontier Railway
2025-03-07
N.UNNI KRISHNAN NAIR, VIJAY BISHNOI
body2025
DigiLaw.ai
JUDGMENT & ORDER : N. Unni Krishnan Nair. J. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC appearing for the respondents. 2. The petitioner herein, was subjected to a departmental proceeding and on conclusion of the same, vide an order dated 08.04.2013, the petitioner was imposed with the penalty of “Removal from service”. The said penalty was, on an appeal preferred by the petitioner reduced by the appellate authority vide an order dated 07.06.2013, to that of “Compulsory Retirement” w.e.f., 13.06.2013. 3. The appellant, assailed the order dated 08.04.2013 and the order of the appellate authority dated 07.06.2013, by way of instituting an Original Application (OA) being O.A. No. 334/2013 before the Central Administrative Tribunal (CAT), Guwahati Bench. The CAT, Guwahati Bench, was pleased to dispose of the said O.A. by interfering with the order of penalty imposed upon the appellant and directed for his reinstatement in service. The respondent authorities, thereafter, vide a speaking order dated 25.02.2015, re-imposed the penalty of compulsory retirement upon the appellant. 4. Being aggrieved, the appellant again approached the CAT, Guwahati Bench by way of instituting an Original Application being O.A. No. 135/2018. The CAT, Guwahati Bench, vide order dated 30.01.2020, was pleased to allow the said O.A., with the following directions: - “ 15. By taking into entire conspectus of the case, we hold that the decision of the Disciplinary Authority as opined by the Appellate Authority is considered to be not justified, not fair and not legally sustainable. As such, the impugned order No. H/82/NBQ/23 dated 25.02.2015 is hereby set aside. Applicant be reinstated in service immediately before his date of retirement. Respondents are, however, at liberty to impose punishment comparable with Co-delinquent Sri G. L. Narzary, Sr. DMO/DTX. All consequential benefits may also be extended to the applicant.” 5. The Railways being aggrieved, assailed the order dated 30.01.2020, passed by the learned Central Administrative Tribunal, Guwahati Bench in O.A. No. 135/2018 before this Court by way of instituting a writ petition being WP(C) No.3032/2020. 6. A Co-ordinate Bench of this Court, vide order dated 20.01.2021, on considering the issue arising in the writ petition, was pleased to dismiss the said writ petition, however, the following observations came to be made: - “ 17. The order of the Tribunal is dated 30.01.2020.
6. A Co-ordinate Bench of this Court, vide order dated 20.01.2021, on considering the issue arising in the writ petition, was pleased to dismiss the said writ petition, however, the following observations came to be made: - “ 17. The order of the Tribunal is dated 30.01.2020. The date of superannuation of the private respondent was 31.01.2020, therefore, effectively he could not have been reinstated by the department inasmuch as, the copy of the order dated 30.01.2020 was only placed before the authorities the next day i.e. 31.01.2020. Under the circumstances, the private respondent would be deemed to have been reinstated particularly when we have now dismissed the writ petition of the petitioner.” 7. Accordingly, in terms of the directions passed by this Court, the respondent authorities reinstated the petitioner in service w.e.f., 30.01.2020 by way of issuance of an order dated 28.01.2021. The pay and allowances of the petitioner for the period he had to remain out of service on account of imposition of the penalty of compulsory retirement, not being released, the petitioner instituted O.A. No. 132/2021 before the CAT, Guwahati Bench. 8. The CAT, Guwahati Bench, upon considering the issues arising in the matter and upon hearing the parties to the proceedings was pleased vide order dated 04.05.2022, to dispose of the said O.A. with the following directions: - “ Therefore, I dispose of this OA by directing the respondents to pass a comprehensive speaking order warding the benefit of notional service to the applicant w.e.f. 08.04.2013 till 30.01.2020 for all interns and purposes, particularly fixation of his pay, grant of increments, grant of promotion etc. strictly on notional basis. These notional benefits shall then be converted into the actual benefits as would have accrued to the applicant only for the purpose of his retiral dues at the time of his retirement on 30.01.2020. The competent authority amongst the respondents shall carry out that exercise and pass detailed, comprehensive order in this respect within a period of 12 weeks from the date of receipt of a copy of his order. It is made clear and reiterated that the benefits being notional shall not entitle the applicant to any arrears.” 9.
The competent authority amongst the respondents shall carry out that exercise and pass detailed, comprehensive order in this respect within a period of 12 weeks from the date of receipt of a copy of his order. It is made clear and reiterated that the benefits being notional shall not entitle the applicant to any arrears.” 9. Being aggrieved by the directions passed by the learned CAT, Guwahati Bench vide order dated 04.05.2022, the petitioner had instituted the present proceedings praying for regularization of the period w.e.f., 08.04.2013 to 30.01.2020 by releasing to him the arrear salaries, increments, promotional benefits etc,. 10. We have heard the learned counsel appearing for the parties and perused the materials available on record. 11. The petitioner, admittedly, had not discharged his duties w.e.f., 08.04.2013 till 30.01.2020. 12. This Court, in the earlier round of litigation while requiring the petitioner to be reinstated in his service, had not passed any consequential order, requiring regularization of the period he had to remain out of service on account of imposition of the penalty of compulsory retirement upon him as, “On duty”. 13. Further, the grievance of the petitioner in the present proceeding is that the respondent authorities had treated the period w.e.f., 08.04.2013 to 30.01.2020 as “Dies non” and accordingly, the petitioner was held to be not entitled for any arrear salary for the said period along with bonus increment. 14. However, in the affidavit filed by the respondent authorities in the present proceedings, more particularly, in Paragraph-13 thereof, the respondents have contended that in pursuance to the directions passed by this Court vide the order dated 20.01.2021 and by the learned CAT, Guwahati Bench vide order dated 30.01.2020, the petitioner on reinstatement of his services, was released his pension and pensionary benefits in the manner indicated therein. The manner in which the pension and pensionary benefits of the petitioner as reflected in the affidavit so filed being relevant, is extracted herein below: - “ 13. That with regard to the statements made in Paragraph 11 of the writ petition, the deponent begs to state that in compliance to the Ld. CAT order dated 30.01.2020, as well as the Hon'ble High Court's order dated 20.01.2021, the petitioner was reinstated in service on 31.01.2020 as per approval of ACMS/IC/NBQ.
That with regard to the statements made in Paragraph 11 of the writ petition, the deponent begs to state that in compliance to the Ld. CAT order dated 30.01.2020, as well as the Hon'ble High Court's order dated 20.01.2021, the petitioner was reinstated in service on 31.01.2020 as per approval of ACMS/IC/NBQ. Moreover, the following actions has been done by the authority – (a) His pension has been regularized w.e.f. 01.02.2020 vide PPO No. 20207050600189 dated 13.04.2021 amounting Rs.27,600/- per month with DA admissible as per rule. (b) Leave Salary Bill for 300 days amounting to Rs.6,45,840/- had been calculated and out of which Rs. 54,000/- deducted for R.E.L.H.S. and Rs.10/- deducted for recovery of I. Card. Now, net paid amounting Rs.5,91,830/- has been released vide CO7 No. 05060921700006 dated 27.04.2021. Also, after implementation of revised DA by Govt. of India, Rs.22,080/- has been paid vide CO7 No. 05060921700050 dated. 02.11.2021. (c) GIS Bill amounting Rs.59,830 /- has been paid vide CO7 No. 05060921700006 dated 27.04.2021. (d) The DCRG amount was calculated of Rs. 9,36,468/-due to non-vacation of Railway Quarter No.M/81/B, Type-II at old colony, Bongaigaon, the DCRG bill was withheld as per extant rule. But, after vacation of the said Railway Quarter by Md. Rosidul Islam on 18.05.2021, the said DCRG bill was released vide CO7 No. 05060921700021 dated 02.07.2021 by deducting all recoveries as mentioned below: 1. Rs.4,170/- as recovery of Flood Advance, 2. Rs.1500/- as recovery of Festival Advance. 3. Rs.58,139/- as interest on HBA. 4. Rs.43,918/- as Electric Bill. 5. Rs.237 as Water Charge, 6. Rs.1,02,919/-as Railway Quarter damage rent, 7. Rs.3,17,682/- as outstanding loan of CCS. Now after deduction of aforesaid amounts, the total DCRG amount Rs.4,07,903/- has been paid to Md. Rosidul Islam. Also after implementation of revised DA by Govt. Of India arrear amount Rs.32,016/- has been paid vide CO7 No. 05060921700050 dated 02.11.2021. (e) Suddenly payment of outstanding amount of General Provident Fund, amounting of Rs.15,557/- is delayed for releasing due to some technical problem occurred in IPAS module. But, now the said amount has been released vide CO7 No.05060821700120. 15. The petitioner had filed a rejoinder in the matter and has not contended that there was any error in the fixation of his pension and pensionary benefits and his only claim was for being released his salaries along with other allowances for the period w.e.f., 08.04.2013 till 30.01.2020. 16.
15. The petitioner had filed a rejoinder in the matter and has not contended that there was any error in the fixation of his pension and pensionary benefits and his only claim was for being released his salaries along with other allowances for the period w.e.f., 08.04.2013 till 30.01.2020. 16. Having considered the manner in which the pension and pensionary benefits of the petitioner was finalised and he admittedly, having not served during the period w.e.f., 08.04.2013 till 30.01.2020, we are of the considered view that the directions passed by the learned Central Administrative Tribunal, Guwahati Bench is not erroneous and for the period w.e.f., 08.04.2013 to 30.01.2020, the petitioner would not be entitled to any back wages. 17. Further, the grievance raised by the petitioner that the respondents had treat the period w.e.f., 08.04.2013 to 30.01.2020 as “dies non”, in view of the computation of the pension and pensionary benefits made in the case of the petitioner, which the petitioner has not contended to be so fixed at a lower stage than that he would have been so entitled if he continued in his services, has been rendered inconsequential. 18. In view of the above conclusions, we are of the considered view that the order dated 04.05.2022, passed by the learned Central Administrative Tribunal, Guwahati Bench, in O.A. No. 132/2021 would mandate an interference. Accordingly, the present writ petition is held to be devoid of any merit and the same stands dismissed. However, there would be no order as to costs.