ZAIL SINGH Vs. UOI

JUDGEMENT

(1.) In this petition, the petitioner has primarily sought a direction to the respondents to treat his period of absence from 1/8/1992 to 8/2/2009 as on duty in view of the judgment passed by the High Court of Punjab and Haryana in CWP No. 2488 of 1994 filed by the petitioner to challenge the imposition of penalty of removal from service. He also prays for a certiorari to quash the communication/signal which has emanated from the Police NES, HQR, whereby the claim of the petitioner for treating the intervening period as on duty has been rejected.

(2.) Briefly stated the facts leading to filing of this petition are that vide order dtd. 28/7/1992 passed by Commandant, 10th Bn. CRPF, the petitioner was removed from service. The appeal preferred by the petitioner against his removal from service too was dismissed by the DIGP, Range, CRPF Durgapur (WB) vide its order dtd. 14/10/1993. Feeling aggrieved, the petitioner assailed the aforesaid orders in the High Court of Punjab and Haryana at Chandigarh in CWP No. 2488/1994. The writ petition was contested by the respondents, but the same was allowed by the High Court of Punjab and Haryana vide its judgment dtd. 31/1/2007. The impugned orders were quashed and a direction was issued to the respondents to take back the petitioner in service. The petitioner was, however, held entitled to 50% of the arrears of pay and allowances on the ground that he had not been in actual service of the respondents since the passing of the impugned order. The respondents have complied with the judgment, but have not given the benefit of continuity in service to the petitioner. The petitioner appears to have represented before the respondents for treating his intervening period as on duty and for release of consequential benefits. On the representation of the petitioner, the matter was considered by the Commandant, 10th Bn. CRPF, who vide his communication dated August, 2013 requested the Deputy Inspector General of Police, CRPF Range Gowhati (Assam) to examine the matter and confirm his view as to whether the period from 1/8/1992 to 8/2/2009 (intervening period) for which the petitioner stood paid 50% of the back wages should be treated as period spent on duty or otherwise, so that that various service matters such as accrual of Annual Increment, grant of MACP, qualifying service for calculation of pension etc., can be regularized. The DIG of Police CRPF Range Gowhati vide his impugned signal conveyed to the Commandant concerned that since the petitioner has only been held entitled to 50% of the back wages and has not performed any actual duty during the intervening period, as such, the period between 1/8/1992 to 8/2/2009 cannot be treated as on duty. He, however, opined that the intervening period of the petitioner may be regularized and a speaking reasoned order in this regard be passed. There is, however, no speaking order placed on record by the respondents.

(3.) The petitioner is aggrieved of the aforesaid communication/signal of DIG Police CRPF Range, Gowhati and has filed the instant petition seeking the reliefs taken note of hereinabove.