Court affirmed continuity of service principles allowing for retroactive benefits despite prior disruptions and reiterated MACP entitlements for reinstated employees.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the instant O.A., the applicant seeks the following reliefs:-

"8. a) Issuance of appropriate direction to the respondent to quash the office order dated 12.7.2017 wherein the respondent held that the Applicant was not entitled to any benefit MACP and grade pay as prayed by him.

b) issuance of appropriate direction to the respondent to grant the applicant salary in the proper pay scale and grade pay and other benefits as given to his co-workers as well as the benefit of MACP on completion of 30 years of service w.e.f 29.8.2005 and interest thereof.

c) pass such order or orders as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case."

2. Highlighting the facts of the present case, learned counsel for the applicant submitted that the applicant has placed a challenge to the Office Order dated 12.07.2017, which reads as under:-

“Sub: Grant of MACP and Annual Increment to Sh. Ashok Kumar, Conteen Clerk, Ref: His representation dated 01.08.16.

With reference to his representation dated 01.08.16, it is stated that the Directorate of Printing. New Delhi ordered and conveyed to this Press vide Office Memorandum File No. A-32016/14-2015-A.1 dated 29.05.17 that-

2. Directorate of Printing, in view of its O.M. dated 22.03.1996, opines that the period of 27.06.87 to 17.02.92 will be treated as dies-non and this period will rot count is service for increment, pension and other related matters.

3. As per MACP Scheme, Regular Service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis, either on direct recruitment basis or on absorption/re-deployment basis. Hence, dies non (not qualifying for regular service) accounts for forfeiture of the service during the period of absence. Thus date for his III MACP comes out to be 19.06.2020 (Date of entry into Govt. Service - 30 years - dies non period).

4. Hence, he will be eligible to grant him III MACP w.e.f. 19.06.2020, But he is to be retired on 31.05.18. So he will not get benefit for grant of III MACP.”

2.1. She further submitted that in the earlier round of litigation, i.e., in O.A. No. 791/1987 wherein departmental proceedings were pending against the applicant, and his services were terminated, this Tribunal had passed the following directions:-

“5. In the case of termination of services of an adhoc and temporary employees after 3 years of service it was held that even in the ground of unsatisfactory work without there being any appointing of lapses and short coming regarding work and giving opportunity to employee to improve the termination would be arbitrary. The plea of respondent that the applicant was not Government Servant or equated within an employee and nor entitled to benefit G.F. of 1979 is without substance.

6. The application is accordingly allowed and the termination order dated 26.6.87 is quashed and set aside. The applicant would be deemed to be continuing in service entitled to all benefits except that for the period he has not worked he will be not entitled to get salary from the date of termination upto this date./he should be taken back in service without delay. No order as to costs.”

2.2. The said order came to be challenged before the Apex Court in SLP (Civil) No. 13791/1992 and the following order was passed:-

“Upon hearing counsel Court made the following Without going into the question regarding the relationship between the parties, Dr. Anand Prakash, Counsel for Union of India states that the Petitioner