Reinstatement implies continuity of service, entitling employees to notional increments and all service benefits for qualifying periods, as clarified in previous judicial orders.

ORDER

By Hon’ble Mr. Manish Garg, Member (J): -

The applicant has filed present Original Application under Section 19 of the Administrative Tribunals Act., 1985, seeking the following reliefs: -

“(a) Quash and set aside the Order dated 10.6.2022 (ANNEXURE A-1).

(b) Direct the respondents to refix the pay on reinstatement by granting notional increment and refix the pension of the Applicant accordingly.

(c) Direct the respondents to treat the suspension period from 06.08.1990 till 18.5.1991 followed by reinstatement for the purpose of full or part of salary and increment during suspension.

(d) Direct the respondents to grant arrears of pay and pension and interest on the arrears.

(e) Pass any other order(s) as may be deemed fit and proper under the facts and circumstances of the case.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted that in the present matter a penalty of removal of service was imposed upon the applicant vide order dated 18.05.1991 which was set aside by this Tribunal vide order dated 12.05.1997 in OA No. 2171/1992. The operative portion of the Tribunal‟s order dated 12.05.1997, reads as under:

"5.. In the result, this application partly succeeds and it is hereby partly allowed. The impugned order of removal from service as affirmed by the Appellate Authority is set aside and the respondents are directed to reinstate the applicant in service within a period of two months from the date of receipt of a copy of this order without any back wages or seniority on the basis of his past service. However, the period between the date of the impugned order of removal and the date of reinstatement shall be treated as qualifying service for the purposes of post retirement benefits. No cost."

2.1 The applicant filed Review Application No. 176/1997 against the Order dated 12.5.1997 which was rejected by this Tribunal vide its Order dated 12.5.1997 but with specific observation that the benefits denied by the original order dated 12.5.1997 was only "backwages and seniority on the basis of past service”. This Tribunal vide Order dated 12.8.1997 observed as under:

"What has been denied to the applicant is the backwages and seniority on the basis of past service."

2.2 The applicant challenged the Order dated 12.5.1997 before the Hon’ble High Court of Delhi vide WP(C) No. 4200/1997 which was partly allowed vide order dated 29.10.2018. The operative portion of the order dated 29.10.2018 reads as under:

“ 7. Having regard to these considerations, the Court hereby directs that the petitioner shall be entitled to seniority from the date of his re-instatement and at the same time also entitled to all service benefits for the period from his initial date of appointment in 1987 till the date of his removal and thereafter from the date of his reinstatement till the date of superannuation.

The writ petition is partly allowed in the above terms."

2.3 The applicant also filed a Review Petition No.26/2021 in WP(C) No.4200/1997 for the purpose of fully allowing the writ petition. While considering the Review Petition No.26/2021, the Hon’ble High Court observed that it is in the form of a clarificatory application and disposed of the Review Petition as under vide Order dated 16.4.2021:

"6.. It is therefore clarified that the petitioner, in additional to the reliefs granted by this Court in order/judgment dated 29 October, 2018, shall also be entitled to the relief which was granted to the petitioner by CAT Le. of the period between the date of removal from service and reinstatement being counted towards qualifying service for the purpose of computation of retirement benefits.

7.. The applications are disposed of."

2.4 The Hon’ble High C