UNION OF INDIA Vs. KALA CHAND ROUT

JUDGEMENT

(1.) The present writ application, filed by the Union of India, through the General Manager, East Central Railway, Hajipur, District- Vaishali (Bihar), seeks a writ, in the nature of certiorari, to annul and quash the order, dated 15.02.2012, passed, in Original Application No.769 of 2010, by the learned Central Administrative Tribunal, Patna Bench, Patna (for the sake of brevity "the learned Tribunal"), whereby and whereunder the learned Tribunal has disposed of the Original Application, with direction to the respondents (writ petitioners herein) to regularize the entire period of absence of the original applicant from 28.12.2005 to 15.2.2010 treating him, for all purposes, as on duty. The learned Tribunal has further directed and made it clear that salary shall be payable only from the date one year prior to the date of making of the first representation, i.e., 28.10.2009, on which date it is stated that the original applicant made an application for resumption of duty.

(2.) The factual matrix of the case of the original applicant, as stated before the learned Tribunal, may be set out thus:

(3.) On 28.10.2009, the original applicant filed an application for resumption of duty, because he came to know that his application, for voluntary retirement, had been rejected on the ground that he had not fulfilled requisite criteria for being allowed the benefit of Voluntary Retirement Scheme.