UNION OF INDIA Vs. JAI KANWAR KAUSHIK

JUDGEMENT

(1.) Petitioner has approached this Court aggrieved of the order dated 12.08.2009 in OA No. 2123/2004 directing the petitioners to disburse pay and allowances to the respondents for the period on which he was not on duty. The plea of the petitioner that the respondent was avoiding to join his duties on the post of Electric Fitter (Power) though the said post does not bring him in contact with Diesel oil, grease, mobil oil, chromic water and petrol etc. was declined by the Tribunal.

(2.) To appreciate the contentions raised by the petitioners, it would be appropriate to take note of some of the facts:

(3.) Assailing the impugned order, the petitioners have submitted that the Tribunal has not only contradicted his own order dated 15.5.2007 but has also ignored the fact that it was the respondent who was avoiding to join his duties on the post of Electric Fitter (Power) which does not bring the respondent in contact with Diesel oil, grease, mobil oil, chromic water and petrol etc.