MANGAT RAM SHARMA Vs. DDA

JUDGEMENT

(1.) The short grievance raised in the writ petition is to the denial of arrears of salary payable to the deceased petitioner on account of the order compulsorily retiring the petitioner being set aside by the Central Administrative Tribunal.

(2.) It is not in dispute that where a Government servant is compulsorily retired in exercise of power conferred by FR-56j and the same is set aside resulting in the Government servant being reinstated in service, FR-56jj (i)&(ii) is applicable. The same reads as under:

(3.) It is thus apparent that where an order of compulsory retirement is set aside the Government servant concerned gets a right for a fair consideration of the entitlement to be granted pay & allowances by treating the intervening period as spent on duty, meaning thereby, denial of the same is justiciable and requires legally sustainable reasons to be recorded while denying the same.