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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, CHANDRA PRAKASH SHRIMALI
Union of India through the Secretary, New Delhi – Appellant
Versus
Moda Ram Jat S/o Late Shri Tiku Ram Jat – Respondent
ORDER :
1. This civil writ petition has been preferred claiming the following reliefs:-
“It is, therefore, most humbly and respectfully prayed that this writ petition in the nature of Certiorari may kindly be allowed. By an appropriate writ order or direction:-
(i) The impugned order dated 23.08.2019 (Annex-1) passed by the learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur may kindly be declared illegal and the same may kindly be quashed and set aside.
(ii) The original Application filed by the applicant/respondent may kindly be dismissed.
(iii) Any other relief which this Hon’ble Court deems just and proper in favour of the petitioners, may kindly be granted.
(iv) The cost of the writ petition be allowed in favour of the petitioners.”
2. The present writ petition has been filed against the order dated 23.08.2019 passed by learned Central Administrative Tribunal, Jodhpur Bench in O.A. No.290/00028/2018, whereby the petitioners have been directed to consider the case of the respondent-applicant for grant of pension by counting full service rendered in Group ‘D’ cadre.
3. Mr. Uttam Singh, learned counsel appearing for the petitioners submitted that respondent-applicant was appo
The classification of 'dies-non' does not constitute a penalty and should not adversely affect pension rights, as upheld by the Tribunal.
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Disciplinary penalties must adhere to procedural safeguards and proportionality; excessive penalties undermine justice and violate rights.
Dies Non for unauthorised absence is non-punitive administrative measure, excluding period from qualifying service for pension and promotions.
Pension calculation must comply with specific rules; compulsory retirement does not entitle weightage for pension benefits.
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