JEET RAM Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE present petition has been filed by the petitioner challenging the order dated July 21, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in Original Application No.981/2007 and order dated November 04, 2009 in Review Application No.201/2009, whereby the Tribunal has dismissed the Original Application and Review Application filed by the petitioner.

(2.) THE brief facts are that the petitioner superannuated as Senior PET under the Directorate of Education, Government of NCT of Delhi. He filed Original Application No.2099/2002 claiming full pay and allowances for the period from February 01, 1984 to September 14, 1989 and from September 01, 1995 to April 07, 1999. During the pendency of the said Original Application, the respondent passed an order dated September 20, 2002 treating the entire period as 'dies non'. The Original Application was dismissed by the Tribunal. The petitioner filed Writ Petition No.1767/2004 before this Court, which was disposed of by an order dated March 10, 2005, whereby this Court remanded the matter to the Tribunal to consider the matter afresh in accordance with the law. The relevant portion of order of this Court is reproduced as under:

(3.) THE order dated November 02, 2006 was challenged by the petitioner before the Tribunal in Original Application No.981/2007. Two contentions were raised by the petitioner. One on the point of suspension, stating that since the suspension was not followed by any departmental proceedings, the suspension itself is bad in law and he is entitled to full pay allowances. The second one being that treating the period of unauthorized absence as 'dies non' is not as per law, as the petitioner had already retired and the decision in question would affect his pension.