CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 575 OF 2018 Reserved on :16.12.2025 Pronounced on :17.12.2025 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Sudarshan Kar aged about 56 years, Son of Late Brundaban Kar, At/PO Fategarh Via Bhapur, Dist Nayagarh, Presently working as GDSBPM, Fatehgarh, Via Bhapur, Dist Nayagarh.

……Applicant VERSUS

1. Union of India represented through The DG Post, Dak Bhawan, Sansad Marg, New Delhi, District:

New Delhi, New Delhi, Delhi.

2. CPMG, Odisha Circle, Bhubaneswar, AT PMG Square, PO Bhubaneswar GPO, Bhubaneswar.

3. Superintendent of Post, Puri Division Puri, PIN

752010.

……Respondents For the applicant : Mr. T Rath, counsel For the respondents: Mr. A C Deo, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the order wherein the respondents has treated the period of suspension of the applicant as no work no pay has filed this OA praying for following reliefs:

a) Quash the part of the order in which the period of suspension has been treated as no work no pay for all purposes vide ANNEXURE A/5 and also the order under Annexure A/12, where the Superintendent of Post has requested CPMG Odisha Circle to review and treat the period of suspension as duty for the purpose of pensionary benefits and further quash the order under Annexure A/19 in toto.

b) Issue mandate requiring the opposite parties/respondents to treat the period of suspension till reinstatement as duty for all purposes and pay the arrear TRCA as entitled under law and revise the current TRCA accordingly with immediate effect.

c) And pass any order/orders, direction/directions as deemed fit and proper in the interest of justice and fair play.

2. The brief facts of the case as 3in ter alia averred by the applicant in the OA is that applicant while working as GDSBPM Fategarh BO was put off duty vide order dated 01.06.2006 and then charge sheet was issued to him on 01.02.2011 after lapse of 5 years. It is submitted that after inquiry the IO submitted his report dated 09.04.2014 holding charge 1 not proved and charge no. 2 & 3 as proved. The applicant submitted his written defence on 30.01.2014. Since no order was passed by t the disciplinary authority, the applicant filed OA No. 444/2012 which was allowed vide order dated 26.08.2014. It is submitted that after the order of this Tribunal, the disciplinary authority woke up from the slumber and passed final order dated 26.08.2014 and imposed punishment of CENSURE. It is submitted that in the same order directed that the applicant shall not be paid any duty allowance for the period he was kept off duty i.e. from 01.06.2006 to 24.09.2014. It is submitted that applicant was reinstated in service vide order dated 17.09.2014 and then he submitted several representations requesting for payment of duty allowance from the period from 01.06.2006 to 24.09.2014 but the same was not considered. It is submitted that finally he submit4t ed representation dated 17.05.2017 to CPMG, Odisha Circle by name and the applicant got response from the office of Respondent No. 3 vide letter dated 21.06.2017 wherein it was intimated that due to non submission of required documents by the Inspector of Posts, Nayagarh, the TRCA revision of the applicant could not be finalized and the applicant was asked to supply put off duty memo and reinstatement memo for regularization of the put off duty period. It is submitted that he received a letter from the Office of the CPMG dated 04.07.2017 indicating direction to the Superintendent to settle the claim of the applicant and submit compliance report. It is submitted that the Superintendent of Post vide his letter dated 06.09.2017 intimated the applicant that as one year has lapsed he has lost the authority to review the order of punishment and send the file to office of CPMG recommending for review of the above period only for the purpose of drawing of pensionary benefits. It is submitted that learned c