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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, ACJ., PARTHA SARATHI SEN
Phool Chand Prasad – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. background of the writ petition and relevant facts (Para 1 , 2) |
| 2. arguments regarding pensionary benefits and unauthorized absence (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's review of previous tribunal decisions and orders (Para 10 , 11 , 12 , 13 , 14) |
| 4. construction of relevant pension rules (Para 15 , 16 , 17 , 18 , 19) |
| 5. final determination regarding res judicata and existing orders (Para 20 , 21 , 22 , 23 , 24) |
| 6. dismissal of the writ petition (Para 25 , 26 , 27 , 28) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this writ petition filed under Article 226 /227 of the Constitution ofIndia, the judgment and order dated 30.03.2012 as passed by the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as the ‘saidTribunal’ in short) in O.A. 1256 of 2008 is assailed.
2. For effective adjudication of the instant writ petition some relevant factsare required to be dealt with which are as under:
(i) The writ petitioner was appointed on 08.09.1986 as an unapproved Bunglow Peon by the Eastern Railway Authority with effect from08.09.1986 (FN) against existing vacancy.
(ii) During the continuance of such service the writ petitioner was served with two numbers of charge
Pensionary benefits can be denied for periods of unauthorized absence under applicable rules, and prior decisions concerning the same parties bar relitigation under res judicata principles.
The main legal point established in the judgment is that the period of absence treated as leave without pay cannot be counted as qualifying service for pension in view of Rule 36 of the Railway Servi....
Absenteeism in government service warrants strict consequences, and resignation once accepted by competent authority is irrevocable, impacting entitlement to benefits.
Unauthorized absence (or overstaying leave), is an act of indiscipline.
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
The main legal point established in the judgment is that unauthorized absence from duties constitutes misconduct, and the disciplinary authority is empowered to impose punishment based on fair discip....
The main legal point established in the judgment is the requirement for a thorough examination of an employee's service history and qualifying service when considering a voluntary retirement scheme a....
Judicial review in disciplinary matters is restricted; courts shall not act as appellate bodies to re-evaluate evidence of unauthorized absence or substitute the penalty imposed by a competent author....
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