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2003 Supreme(Cal) 400

J.K.BISWAS
SAMBHUNATH DAS – Appellant
Versus
AIRPORTS AUTHORITY OF INDIA – Respondent


Advocates Appeared:
ASIM MUKHERJI, BIMAL JYOTSNA CHATTERJI, D.DHARAMCHAND JAIN, I.BANERJEE, MOLOY BASU, V.JHUNJHUNWALA

J. K. BISWAS, J.

( 1 ) BY this writ petition dated 27th August 2002 the petitioner challenged the decision contained in paragraph 3 (i) of the order dated 14th May 2002 (annexure P-14 ). It was given by the General Manager (Pres) of the respondent 'airport Authority of India'. The impugned decision is quoted below: (I) Payment of Salary for the stay away period: Sri Das was not on the roll of AAI from 17. 10. 85 to 16. 11. 99. Though he claimed that he did not take alternate employment during this period, the fact remains that he did not work in AAI during this period. And therefore, after careful consideration of the above as well as the AAI Rules, his request for payment of salary for the stay away period is not agreed to. However, as a special case, it has been decided to consider this period as 'dies-non' so that he does not lose effect of previous service in calculation of his CPP, Gratuity etc. at the time of his superannuation.

( 2 ) IN 1985 the petitioner was working as A. E. (E), and was posted at the Headquarters, in Delhi, of the respondent authority. Since after expiry of sanctioned earned leave he continued to remain on medical leave, he was asked to appear before a



















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