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Judgment
Hon’ble Mr. R.N. Singh, Member (J)
In the present CP, wilful disobedience of the directions issued by the Tribunal vide order dated 24.03.2026 in the captioned OA is alleged. Paragraph 14 of the said order reads as under:
14.In the light of the aforesaid, the OA deserves to be allowed and the same is allowed with the following directions:-
(i)The impugned orders are set aside.
(ii)The applicant shall be entitled for all consequential benefits in accordance with relevant rules and instructions on the subject.
(iii)The respondents are directed to comply with the aforesaid directions as expeditiously as possible and preferably within six weeks from the date of receipt of a certified copy of this order.
(iv)However, in the facts and circumstances of the case, there shall be no order as to cost.
In purported compliance with the directions issued by the Tribunal, the respondents have filed an affidavit.
Mr. Ajay Kumar Tyagi, learned counsel for the respondents submits that in compliance with the directions of the Tribunal, the respondents have passed an order dated 13.08.2026, whereby the petitioner has been deemed to have continued in service from the date of his dismissal. It is further submitted that the period of suspension w.e.f. 03.12.2008 till the date of dismissal, i.e., 17.08.2012, has been treated as period spent on duty for all intents and purposes. The period from the date of dismissal till the date of retirement, i.e., 31.12.2024, has also been treated as period spent on duty for all intents and purposes.
Learned counsel further submits that the petitioner's pension has been fixed vide order dated 07.09.2026. The consequential revision of pay, increments and pensionary benefits has also been processed and forwarded to the Pay and Accounts Office (PAO) vide order dated 24.08.2026. The petitioner has also been granted notional promotion along with the benefits under the 3rd MACP. As reflected in paragraph 5 of the affidavit, the consequential benefits, including arrears of pay, (DCRG) gratuity, pension arrears, leave encashment for 300 days and MACP arrears, have been calculated, and the amounts payable have been credited to the petitioner's account.
In view of the submissions made and the compliance affidavit placed on record, we are satisfied that the directions issued by the Tribunal have been complied with.
Accordingly, the CP is closed. Notices are discharged. Pending MA, if any, also stands disposed of.