AND WRIT PETITION 21264 of 2008 ORDER : (per Hon’ble Sri Justice P.Sam Koshy)

None appears on behalf of the petitioner. There was also no representation when the matter was taken-up earlier.

2. The present is the writ petition, which has been filed seeking for a direction against the respondents to treat the suspension period which the petitioner in turn as period spent on duty for the specific purpose of pensionary benefits, increments only so far as grant of pensionary benefits.

3. It is a case where the petitioner was subjected to disciplinary proceedings and at the finalization of proceedings, he was found guilty and was ordered with punishment of dismissal from service. The matter travelled up to the Hon’ble Supreme Court and where the Hon’ble Supreme Court modified the punishment substituting the punishment of dismissal into one of compulsory retirement, which was duly complied with by the respondent. However, there was no order specifically passed as to how the intervening period of suspension has to be treated in terms of F.R.54-A r/w F.R.54 and F.R.54-B and it is for this reason, the petitioner has filed this writ petition.

4. Considering the fact that the order of punishment finally passed by the respondent as directed by the Hon’ble Supreme Court being that of compulsory retirement, we are of the considered opinion that an appropriate consequential order, so far as the suspension period ought to have been considered and passed.

5. Keeping in view in the provision of F.R.54-A(2) (ii), we are of the considered opinion that the claim of the petitioner seeking for the suspension period to be treated as period spent on duty seems to be proper, legal and justified. .However, as has been claimed by the petitioner himself, the said period would be treated as period spent on duty only for the purpose of counting the said period for pensionary benefits and treating the said period as continuous period for quantification of the pensionary benefits.

6. In view of the same, we are inclined to allow the writ petition to the aforesaid extent holding that the period of suspension undergone by the petitioner considering the provision of F.R.54-A (2) (ii) shall have to be regularized and be counted as period spent on duty. Let appropriate steps be taken in this regard.

7. Accordingly, the Writ Petition stands allowed.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

P.SAM KOSHY, J

SUDDALA CHALAPATHI RAO, J

25.09.2025

nvl/dpm