UNION OF INDIA Vs. BINA SHAH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 25.05.2010 (Annexure P/1) passed by the Central Administrative Tribunal, (for short 'the CAT') Jabalpur Bench, Circuit Sitting, Bilaspur , whereby the CAT has directed the petitioner-Union of India and its authorities to pay back wages for the period from 26.09.2003 till 13.05.2008, within a period of three months from the date of receipt of a copy of the order, without interest, thereon.

(2.) The facts, in this case are in narrow compass, the respondent, working as Postal Assistant, was dismissed from service on 01.10.1989. Thereagainst, the respondent preferred an application before the CAT in O.A. No. 849/2000. The CAT, by order dated 26.09.2003 (Annexure P/2) allowed the application modifying the order passed by the Disciplinary Authority to the extent that the disciplinary authority would pass a fresh order which can be any other penalty other than removal or dismissal from service, the applicant would reimburse the department all the monetary losses that was caused and the petitioner would not claim any arrears during the period she was out of job.

(3.) Being aggrieved, the petitioners preferred a petition before this Court, being W.P. No. 1337/2004. A Division Bench, vide order dated 02.01.2008 (Annexure P/3) dismissed the petition holding that the authorities had no other option except to allow the respondent No. 1 therein, to work. It appears that several representations were made by the respondent herein, however, ultimately, in compliance of the order passed by the High Court, as aforestated, the respondent was reinstated in service on 13.05.2008. The representations preferred by the respondent on 28.08.2008 and 27.09.2008, for grant of arrears of wages from 26.09.2003 till date, was rejected by order dated 27.09.2008 (Annexure P/5).