Dies Non for unauthorised absence is non-punitive administrative measure, excluding period from qualifying service for pension and promotions.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.544/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.263/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) “order dated 28-1-2015 be quashed,

b) direct period between 3-5-1988 to 23-11-1992 to be treated as on duty with pay and allowances.

c) direct the grant of next promotion In-situ step ups for service of above thirty years, as per Pay Rules of 1996 and release arrears,

d) direct Respondents to revise the pension gratuity and other retiral benefits.

e) direct release of cash in lieu of census duty and pD pass such other order including interest and costs as may deem fit.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The applicant, Ashok Kumar, is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India, HARSHIT entitled to the protection of constitutional and statutory service rights. He was selected by the District Recruitment Board and appointed as a Teacher in the pay scale of 220-430. Pursuant thereto, he joined service on 03.10.1980 at Middle School, Sure Chak, Jammu, and was subsequently transferred to Government High School, Brij Nagar, in June 1981.

b) While in service, the applicant availed leave without pay for the period from 08.05.1983 to 11.05.1985, which was duly sanctioned by the competent authority. On expiry of the sanctioned leave, the applicant sought extension for the period from 12.05.1985 to 02.05.1988. Upon reporting for duty on 03.05.1988, the applicant was not permitted to resume duties on the ground that his lien had been shifted. Despite repeated representations, the respondents failed to allow him to rejoin, compelling the applicant to approach the Hon’ble High Court by way of SWP No. 678/1990.

c) The said writ petition was disposed of by judgment dated 18.11.1992, wherein the Hon’ble High Court directed the respondents to allow the applicant to join duty and further directed that an enquiry be conducted to determine the nature of HARSHIT the period of leave or absence after affording due opportunity to the applicant. In compliance with the said directions, the applicant was allowed to rejoin service on 24.11.1992 at Government School, Mohargarh.

d) Pursuant to the court directions, an enquiry was conducted, and vide order dated 06.04.1995, the period from 12.05.1985 to 02.05.1988 was regularised as Extraordinary Leave without pay on medical grounds. However, no decision was taken regarding the intervening period from 03.05.1988 to 23.11.1992. Aggrieved by this inaction, the applicant again approached the Hon’ble High Court by filing SWP No. 591/1995, which was disposed of by judgment dated 31.07.1998 directing the Director School Education, Jammu, to decide the remaining period of alleged absence in accordance with the Civil Service Regulations within a period of four months.

e) During the pendency of the matter, the applicant continued to serve the department without blemish. He was transferred to Government Primary School, Thikka, Sunderbani, in January 1996 and was thereafter promoted as Master vide order dated 06.05.2000, adjusting him at Middle School, Suffa, Zone HARSHIT Sunderbani. He ultimately superannuated from Middle School, Tanda, Zone Miran Sahib, District Jammu, on 31.03.2011 after rendering more than thirty years of service.

f) Despite retirement, the applicant was not granted pension, gratuity, and other retiral benefits. He was constrained to file SWP No.