LAWS(JHAR)-2021-1-40

M. GOVIND RAJU Vs. UNION OF INDIA

Decided On January 20, 2021
M. Govind Raju Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition relates to claim of either full salary or subsistence allowance for the period 22.03.1995 to 18.08.2003 i.e. the date on which he was reinstated by order dated 18.08.2003 (Annexure-3), passed by Asst. Personal Officer, Chakradharpur, in obedience to the order of learned CAT in O.A. No. 410/97 dated 23.04.2003.

(2.) By Annexure-3, the Sr. DOM/CKP, APO (W)/TATA, OS (Optg) Bill/ CKP/ ARM/TATA were requested to decide the intervening period i.e. the period from the date of removal to the date of re-instatement to draw his back wages. Learned CAT has dismissed the original application No. 38/2009 by the impugned order dated 04.02.2010 on certain reasons.

(3.) Respondent in their counter-affidavit at para 23 have made statement that the intervening period from 22.03.1995 to 20.08.2003 has been decided by the competent authority as Diesnon. However, no such order has been enclosed. In the supplementary affidavit dated 22.09.2016, the petitioner has made a statement that no such order was issued or served upon the petitioner. In the O.A. also, no such order was brought on record.