TAPAS KUMAR MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition the petitioner seeks for a direction upon the authority of Saha Institute of Nuclear Physics, 'the Institute' for short, to accept the recommendation made for promotion in his favour by the Departmental Promotion Committee, 'DPC' for short, with further direction to release all consequential benefits including pension, gratuity and leave encashment.

(2.) The petitioner was serving the Institute. He retired from service on attaining his normal age of superannuation on 30/6/2010. Prior to retirement the petitioner was considered for promotion from the post of Associate Professor grade E to the post of Professor grade F, but before the promotion being finalized, the petitioner got superannuated.

(3.) When the petitioner was in service disciplinary proceeding was initiated against him. The said proceeding continued well after his retirement. The petitioner approached this Court by filing writ petition which concluded by the order passed by the Hon'ble Division Bench on 29/6/2017. While disposing of the appeal the Hon'ble Division Bench directed the authority to drop the disciplinary proceeding which was initiated against the petitioner through the charge sheet dtd. 30/8/2005 and to grant admissible service benefits denied to the petitioner pursuant to the order of punishment dtd. 16/6/2011. The Division Bench was pleased to direct that in the event the Governing Council grants promotion to the petitioner, all arrears of salary arising therefrom shall be paid to him.