UOI Vs. LATOOR SINGH

JUDGEMENT

(1.) THE petitioners have challenged the order dated 23rd July, 2008 in OA No. 443 of 2008 titled Latoor Singh v. Union of India and another directing the petitioners herein to consider the grant of full wages during the suspension period and interest on the amount of provident fund to the respondent in accordance with the rules and legal instructions by a speaking order. While issuing the said direction the Tribunal has held that once the Court had exonerated the employee, the same is deemed to be a clean exoneration and the intervening period from the date of dismissal to the date of reinstatement is to be treated as spent on duty. The Tribunal held that the legal implication of the above is the grant of wages to the employee and the grant of interest on the provident fund of the employee.

(2.) INITIALLY, the respondent was dismissed from service vide order dated 1. 8. 1995 after being departmentally chargesheeted on 22. 7. 1994. He challenged his dismissal by filing O. A No. 51/1996. The order of dismissal was set aside vide order dated 18. 11. 2002. While disposing of the said O. A the Tribunal passed the following operative order:-

(3.) THE petitioners have contended that they have already paid a total amount of rs. 10,50,446/- as the subsistence allowance for the period the respondent remained out of job. The petitioners further contended that since this Tribunal had directed consideration of payment of subsistence allowance by deeming the respondent under suspension from the date of the initial order of dismissal dated 1. 8. 1995 till the date of the order of the Tribunal i. e 28th July, 2004, the same could not be challenged or got re-adjudicated by the respondent by filing another petition before the Central Administrative Tribunal to claim full salary for the said period. It is asserted that in case the respondent was aggrieved by the order dated 28th July, 2004 against denial of full wages or any other relief, the respondent ought to have either sought review of said order or he should have filed a writ petition or should have taken such other legal remedies as were available to him. The respondent having accepted the said order dated 28. 7. 2004, the same has attained finality.