Reinstatement based on conditional relief or subsequent remedial action does not create an automatic right to full back wages, particularly where the initial termination was rooted in a foundational defect regarding the authenticity of the documents provided at the time of appointment.

In the matter of:-

Shri Ghagha Gond, son of late

Bina Gond, residing at C/o. Uma

Shankar Ram, 27A, Coal Depot.,

Ultadanga Railway Siding,

Kolkata-700 037.

......... Applicant

-Versus-

1. Union of India, service through

the Secretary, Ministry of

Defense, Government of India,

Defense Mantralaya, New Delhi

110 001.

2. Indian Ordinance Factory, Gun

Shell Factory, Cossipore,

represented by the Managing

Director, GSF, Cossipore,

Kolkata-700 002.

3. The General Manager, Indian

Ordnance Factory, Gun & shell

Factory, Cossipore, Kolkata-700

002.

4. The Assistant General

Manager, Indian ordnance

Factory/Gun 8 Shell Factory,

Cossipore, Kolkata-700 002.

5. General Manager, Gun & Shell

Factory, Cossipore, Kolkata-700

022 & Disciplinary Authority,

Gun & Shell Factory/ Cossipore,

Kolkata-700 002.

6. Chairman & Appellate

Authority, Ordiance Factory

Board, 10A, S.K. Bose Road, P.S.

Hare Street, Gun & Shell Factory,

Cossipore, Kolkata-700 001.

.......Respondents

For The Applicant(s): Mr. U. Roy; Counsel

For The Respondent(s): Mr. R. Halder; Counsel

O R D E R

Per: Mr. Diwakar Singh, Member (J)

The present Original Application has been filed by the applicant seeking, inter alia, direction upon the respondents to release arrears of salary, back wages and all consequential benefits for the period from the date of his removal from service till the date of his reinstatement, along with full retiral benefits recalculated accordingly. The applicant has, inter alia, sought the following relief(s):

“a) An order do issue directing the respondents to pay all the benefits including arrear of salary during the period of removal till the date of reinstatement and also benefits as claimed in paragraph. 4.20 of the instant application and impugned letters being annexure A-11 and A-12 be set aside.

b) The concerned respondents and their men and agents be further directed to pay all the retiral benefit which the applicant is entitled to be paid after retirement from 28th February, 2021;”

FACTS OF THE CASE

2. The applicant was initially appointed as a Labourer Grade-B in the Gun & Shell Factory, Cossipore, pursuant to an appointment letter issued on 09.10.1982. Over the course of his service, he was promoted, from time to time, and ultimately held the post of Master Craftsman.

2.1. While serving in such capacity, a complaint dated 28.01.2009 was received alleging that the applicant had secured appointment by producing a false Scheduled Tribe certificate. Consequent thereto, the applicant was placed under suspension on 27.04.2009 (Annexure A/1), followed by issuance of a Memorandum of Charge dated 29.05.2009 (Annexure A/2) under the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

2.2. Upon conclusion of the disciplinary proceedings, the Disciplinary Authority, disagreeing with the findings of the Inquiry Officer, imposed the penalty of removal from service vide order dated 04.04.2011 (Annexure A/2).

2.3. Aggrieved thereby, the applicant approached this Tribunal by filing O.A. No. 1180 of 2011. The said O.A. was disposed of, vide order dated 25.01.2015 (Annexure A/3), whereby this Tribunal declined to interfere with the disciplinary proceedings, but directed the respondents to re-verify the caste certificate from the office of the District Magistrate, Howrah, and to afford the applicant an opportunity to produce a valid Scheduled Tribe certificate within a stipulated period. It was further directed that, upon such verification, the competent authority shall pass a reasoned and speaking order which would govern the entitlements of the applicant.

2.4. The said order was assailed by the applicant before the Hon’ble High