STATE OF KERALA Vs. KRISHNADAS

JUDGEMENT

(1.) The original petition is filed by the State of Kerala and its officers, aggrieved by the order of the Kerala Administrative Tribunal in OA (EKM) 748 of 2014. The original application was filed by the respondent herein challenging Annexures A5 and A6 orders of the Government, to the extent they denied the applicant's right to full pay and allowances for the period of suspension from 1.6.1999 to 20.2.2003 and from 1.12.2004 to 25.6.2008; the date of his dismissal, till reinstatement. The facts which led to the filing of the original application are as follows:-

(2.) The criminal case registered against the applicant ended in his conviction and imposition of sentence of simple imprisonment for one year and fine of Rs. 5,000/-. By reason of his conviction, the applicant was dismissed from service as per Annexure A2 order, effective from 1.12.2004. The applicant filed Criminal Appeal No. 1032 of 2004 before the High Court challenging his conviction by the trial court. By Annexure A3 judgment dated 3.10.2007, the appeal was allowed granting the benefit of doubt to the applicant, finding that the prosecution had failed to prove the charges. Consequent upon the acquittal, Annexure A2 order of dismissal was set aside under Annexure A4 order dated 4.6.2008 and the applicant was ordered to be reinstated in service with immediate effect. The applicant thus rejoined service on 20.6.2008.

(3.) After rejoining service, the applicant requested the Government to regularise the periods during which he was kept out of service due to suspension and dismissal and to grant him all benefits, treating him to have been in service without break. By Annexure A5 order dated 7.2.2009, the Government regularised the period of suspension, dismissal and the intervening periods in the following manner:-