Failure to revert probationer to lien post upon termination attributes non-work period to employer; 'dies non' inapplicable, period counts as qualifying service with income adjustment.

ORDER(Oral)

Per: Hon’ble Dr. A.K. Dubey , Member (A)

1. Heard Mr. Joy Mathew counsel for the applicant present and Mr. Shashikant Gade counsel for the respondents nos. 2 to 4 present.

2. O.A.370/2014 preferred by the applicant which was decided vide this Tribunal’s order dated 24.12.2021. There were certain typographical errors in that order and accordingly the counsel for the applicant had moved a note dated 13.01.2022 for being spoken to. This was spoken to on 17.01.2022 and typographical errors in the order dated 24.12.2021 in O.A.370/2014 were corrected. After having been spoken to, a Review Application no. 05/2022 was preferred by the applicant seeking review of the order dated 24.12.2021 or modification to the fact of granting the pay and other consequential benefits from the period of 14.09.1990 to 07.07.2009 to the applicant. The R.A. was allowed vide this Tribunal’s order dated 10.05.2022, only to the extent of correction of the typographical errors. Aggrieved by this Order, the respondents in O.A.370/2014 challenged the same before the Hon’ble High Court of Gujarat by way of R/Special Civil Application no.11343 of 2022. Hon’ble High Court of Gujarat was pleased to quash the order of this Tribunal dated 24.12.2021 together with the correction order and directed this Tribunal to determine the period between 14.09.1990 to 07.07.2009 treating it as “dies non” be treated for the purpose of payment thereof, after considering the rival contentions, including the admission made by the respondent herein before this Tribunal and decide it in accordance with law.

Hon’ble High Court of Gujarat had left it open for both the parties to raise all the available contentions before this Tribunal for a fresh decision after hearing both the parties in accordance with law.

3. Pursuant to the direction of the Hon’ble High Court of Gujarat dated 19.01.2024, the matter was taken up on 23.02.2024, 08.03.2024 and finally heard today i.e. on 12.03.2024.

4. Aggrieved by the communication dated 22.04.2014 enclosing therewith the memorandum dated 21.04.2014 in which the applicant was reinstated in the service of the Kendriya Vidyalaya Sangathan (KVS) and the period between his termination from service as PGT (Physics) and the date of joining in the Kendriya Vidyalaya as Trained Graduate Teacher (TGT) (Science) was ordered to be treated as dies-non (Annexure-A1 Colly), the applicant had preferred this OA370/2014 seeking following reliefs:

“(A) Admit this O.A.

(B) Allow this O.A. and be pleased to quash and set aside the impugned Memorandum dated 22.4.2014 (NO:E 12065/8/2013 KVS (AQ) Est-II 2744-77 and 28.04.2014 No.12065/8/2013/KVS-HQ Estt.II issued by Opponent no.2 (Annexure A/1) Colly).

(c) Direct the Respondents to treat the period from the date of termination i.e. from 14.09.1990 to 7.7.2009 as period spent on duty for all purposes including pay and pension and other consequential benefits such as seniority etc and award actual monetary and other consequential benefits of the said period from 14.09.1990 to 7.7.2009, and arrears accruing to he applicant be paid forthwith.

(d) Declare that the Applicant is entitled to all consequential benefits and actual monetary benefits for the period from 14.09.1990 to 7.7.2009 and the same be treated as period spent on duty for all purposes including pay and pension seniority and other consequential benefits and pay arrears accruing to the Applicant forthwith.”

5. The applicant also wanted interim direction to the respondents for calculating the amount due and payable for the period from 14 09.1990 to 7.7.2009.

6. The