G.N. MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. The Rule is made returnable forthwith with the consent of the parties.

(2.) The Petitioner has preferred this petition under Article 226 of the Constitution of India. The substantive relief being to quash and set aside the Order dtd. 18/8/2023 ("Impugned Order" for short) by allowing the representation of the Petitioner dtd. 18/5/2023 by directing the Respondents to treat the period from 3/12/2016 to 18/9/2017 as the duty period for payment of such salary/pay and allowances along with accrued interest at 9% p.a. for the said period.

(3.) The succinct issue that arises for determination in these proceedings is as to whether the Petitioner is entitled to salary, pay /allowances for the period between 3/12/2016 to 18/9/2017 attributable to the Petitioner's absence from duty, from issuance of the Relieving Order dtd. 2/12/2016, after which the Petitioner's transfer order stood cancelled on 17/8/2017. This is to be tested on the touchstone of the order passed by Respondent No.2 - AAI on 18/8/2023 which is assailed by the Petitioner.