LAWS(KER)-2016-9-86

UNION OF INDIA, REPRESENTED BY ITS SECRETARY; FLAG OFFICER COMMANDING-IN-CHIEF; CHIEF STAFF OFFICER (PERSONNEL & ADMINISTRATION) Vs. A S SHAJI

Decided On September 19, 2016
UNION OF INDIA, REPRESENTED BY ITS SECRETARY; FLAG OFFICER COMMANDING-IN-CHIEF; CHIEF STAFF OFFICER (PERSONNEL And ADMINISTRATION) Appellant
V/S
A S SHAJI Respondents

JUDGEMENT

(1.) Issue:

(2.) Here the petitioners are the employers; the respondent is an employee. When the employee absented himself for long spells from duty, albeit, under the cover of illness; the employer dispensed with his services: It disengaged the employee. Assailing the employer's action, the employee filed O.A. No.642 of 2008 before the Central Administrative Tribunal, Ernakulam Branch. Through Order, dt.27.08.2009, (Ext.P1) the learned Tribunal directed the employer to reinstate the employee. Amelioratively, the Tribunal permitted the employer to subject the employee to suitable medical tests to ascertain the employee's fitness to resume duty. Aggrieved by the direction of reengagement, the employer has filed this writ petition.

(3.) The facts in brief are that the employee was appointed a casual labourer on 21.11.1983 in the employer's Southern Naval Command, Kochi. In the gradation list prepared in course of time by the employer, the employee's name was shown at Sl.No.74.