LAWS(DLH)-2013-11-90

VIJAY KUMAR Vs. CHAIRMAN, AIRPORT AUTHORITY OF INDIA

Decided On November 01, 2013
VIJAY KUMAR Appellant
V/S
CHAIRMAN, AIRPORT AUTHORITY OF INDIA Respondents

JUDGEMENT

(1.) By this writ petition, the following two reliefs are prayed for by the petitioner:-

(2.) Petitioner was an employee of the respondent no.1. Petitioner as per the relief clause seeks entire pay from 2000 to 2010. I may note that there is a typographical mistake in mentioning the year 2002 in the prayer clause in as much as counsel for the petitioner states that the claim is for complete pay from 2000 to 2010. The second relief which is claimed is really consequential to the first relief inasmuch as it is argued that pay of the petitioner has to be taken as normal pay at the time the petitioner took voluntary retirement in the year 2009.

(3.) The claim of the petitioner with respect to complete pay in the suspension period can be divided into two parts. First is from the year 2000 to 2002 and the second period will be from the year 2002 to 2010. So far as the first period from the year 2000 to 2002 is concerned, respondent no.1/employer has filed on record the penalty order passed against the petitioner dated 23.12.2002 and the relevant portion of the said order reads as under:-