CHARAN SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant's grievance is that the intervening period from the date of his removal from service i.e. 13.6.1984 to the date of his superannuation i.e. 30.6.1989, has not been taken into consideration by the respondents for the purpose of payment of salary and allowances as well as for pensionary benefits even though they have treated the aforesaid period for the purpose of computation of pension.

(2.) BRIEF facts of the case: While the applicant was in service, he was facing a corruption case on 26.7.1979 and a Challan was filed against him in the Court of Civil Judge u/s 151 IPC read with sections 5(1)(d) and 5(2) of Prevention of Corruption Act. He was convicted by the Special Judge CBI Jaipur vide judgment dated 22.3.1984 and was sentenced to undergo one year's rigorous imprisonment u/s 161 IPC with fine of Rs. 300. Thereafter, he was removed from service on 13.6.1984. Subsequently an appeal against the aforesaid judgment of the Special Judge was filed and it was allowed by the Hon'ble High Court on 31.3.1998. The relevant part of the said judgment reads as under: - -

(3.) THEREAFTER , the applicant approached this Bench of the Tribunal vide OA No. 2597/2008 and this Tribunal, vide its Order dated 29.5.2009, allowed the same and directed the respondents to treat the period from the date of his removal from service till his attaining the age of superannuation i.e. 30.9.1989 as a period spent on duty. The operative part of the said Order reads as under: - -