DEPUTY COMMISSIONER Vs. CHUMKI SAHA

JUDGEMENT

(1.) The instant writ petition is directed against order dtd. 9/2/2023 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting - Bilaspur, by which Original Application No.203/00753/2017 filed by respondent No.1 herein has been allowed and order dtd. 15/11/2016 has been set aside and the period of absence from duty of respondent No.1 from 24/6/2009 to 18/9/2009 and from 17/11/2009 to 18/2/2010 has been directed to be regularized and further been directed to disburse the salary for the said period to respondent No.1.

(2.) The challenge to the impugned order has been made in following factual backdrop:-

(3.) Ms. Deepali Pandey, learned counsel for the petitioner, would submit that the Central Administrative Tribunal (for short 'the CAT') is absolutely unjustified in holding that for the subject period, respondent No.1 is entitled to be regularized and also entitled for salary for the said period and the said finding recorded by the CAT is absolutely perverse and contrary to the material available on record as respondent No.1 was unauthorizedly absent from duty and the subject period has already been declared dies non by order dtd. 22/4/2010 and 27/4/2010 and consequently, respondent No.1 is not entitled for regularization as well as salary for the aforesaid period and, therefore, the impugned order is liable to be set aside.