Jitendra Kumar Garg vs Union Of India & Ors.

^“……10.Accordingly, the O.A. is allowed and the impugned orders dated 06.10.2016, 10.10.2017, 30.03.2017, 25.07.2017 and 20.09.2017 are hereby quashed. Respondents are directed to pay full salary and allowances deducting the subsistence allowances if already paid to the applicant for the suspension period i.e. 08.07.2016 to 24.11.2017 with other allowances and all consequential benefits, within a period of three month from the date of receipt of certified copy of this order. No order as to costs. All associated MAs are also stand disposed of.”

Writ-A No.14052 of 2024

“……14. In the present case, admittedly, the departmental inquiry already stands concluded wherein the Disciplinary Authority so far has not passed any order pertaining to the treatment of the period of suspension. In those circumstances, the judgment in the case of Zakir Hussain (Supra) would have no application.

15.

In view of above fact situation, the writ petition filed by the petitioners is partly allowed. The order dated 2.4.2024 passed by the Tribunal is modified to the extent that instead of 8.7.2016 the respondent no.1 would be entitled to the relief with effect from 6.10.2016.”

“….6. That in compliance of order of this Tribunal, the SPO's Budaun Memo dated 2.3.2026 the amount of Rs., 627120/- has been paid to the applicant through Cheque No. 003310 dated 6.3.2026 and arrear of pay allowances and bonus of Rs. 114483/ and Rs. 9211/- paid to him through cheque No. 003311 dated 6.3.2026 & cheque No. 003345 dated 11.3.2026 and no amount are in balance.”

“...3. That the contents of paragraph no. 5, 6, 7, 8, 9, 10, 11, 12 of the compliance affidavit are not admitted in the form as it stands hence denied and in reply it is submitted that the respondents have paid the amounts which were illegally withhold by them but after decision of the Hon'ble Tribunal and affirmation by the Hon'ble High Court, Allahabad they have calculated the payments but failed to make payments with interest, as the Hon'ble Tribunal had directed 'to pay full salary and allowances deducting the subsistence allowances if already paid to the applicant for suspension period i.e. 08.07.2026 to 24.11.2017 with other allowances and all consequential benefits......' But on receiving the above payment, applicant had represented to the respondent to pay the interest on the said payments ments vide application dated 19.03.2026. But no such payment is still paid. The respondents have made the following payments arrears of pay and allowances for the period 06.10.2016 to 24.11.2017 Rs. 3,68,562/-, for the period 01.07.2017 to 06.08.2019 Rs. 1,14,483/-, Pension arrears Rs. 1,75,312/-dated 18.06.2026, remaining Gratuity Rs. 79,413/- on 18.06.2026, arrears of bonus amounting Rs. 9,211/- on 11.05.2026, accrued in compliance of the order and direction of the Hon'ble Tribunal, but failed to pay any interest on these amounts. It is mentionable here that the in the similar circumstances wherein Hon'ble Principal Bench in case of Sudhir Chopra Vs. UOI and others has decided that the consequential benefits includes payment of interest on delayed payment. As such, the respondents are still liable for payment of interest which has not been paid till date.”