UNION OF INDIA & ORS Vs. KHETA RAM

JUDGEMENT

(1.) This writ petition has been filed by the Union of India and Ors. aggrieved against the order dated 21.1.2014 passed by the Central Administrative Tribunal, Jodhpur Bench at Jodhpur ("the Tribunal"), whereby the Original Application ("OA") filed by the respondent has been allowed and the petitioners have been directed to count suspension period of the applicant, who is now retired from service, as qualifying service for all purposes and as the penalty order was held as non-est, it was also directed that the applicant be allowed all consequential benefits admissible under law.

(2.) The respondent was initially appointed to the post of Extra Departmental Mail Carrier ("EDMC"). Whereafter, on passing the departmental examination, he was promoted to the post of postman on 24.6.1980. While working as postman, he was placed under suspension on 10.4.1987 and was issued a charge-sheet for major penalty. Whereafter, a penalty of reduction to the lower post of Group-D for a period of two years was imposed on the respondent with the direction that the period of reduction shall operate to postpone future increments on restoration after above specified period, and on promotion, the seniority will be fixed by giving credit for the period of service rendered as Postman.

(3.) The respondent retired from service on 30.9.2009 and after retirement, he was issued a show cause notice dated 9.11.2009 as to why the period of suspension from 10.4.1987 to 5.1.1989 should not be treated as "Non-duty".