AI Overview...
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Rule 51 Dies Non - The term Dies Non refers to a period during which service is not counted for certain purposes, typically due to unauthorized absence, suspension, or other disciplinary actions. Several sources clarify that Dies Non periods do not affect the continuity of service or pension calculations but are treated separately in service records. Angad Das VS Union of India - Orissa, ARUN KUMAR SHARMA VS UNION OF INDIA - Delhi, K IBRAHIMKUTTY vs THE ASSISTANT TRANSPORT OFFICER - Kerala, N.Mangamma vs The Secretary to the Govt. of India Ministry of Communications & IT Dept. of Post, New Delhi - Central Administrative Tribunal, Subhash Chandra Tripathi vs Union of India through Secretary - Central Administrative Tribunal
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Legal and Disciplinary Context - Courts have interpreted Dies Non in disciplinary cases, often converting penalties such as unspecified removal to compulsory retirement and treating the relevant period as Dies Non for pension and service benefits. Such treatment maintains service continuity while excluding the period from pensionable service. ARUN KUMAR SHARMA VS UNION OF INDIA - Delhi, Angad Das VS Union of India - Orissa, Subhash Chandra Tripathi vs Union of India through Secretary - Central Administrative Tribunal
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Implications for Pension and Service Benefits - Dies Non affects pension calculations and gratuity payments. When a period is declared Dies Non, it does not break service continuity but may impact pension benefits. Courts have emphasized that Dies Non periods, especially due to unauthorized absence, should be treated carefully, respecting legal provisions like Rule 52 of pension rules. Nripendra Deb Roy VS State of Tripura - Gauhati, N.Mangamma vs The Secretary to the Govt. of India Ministry of Communications & IT Dept. of Post, New Delhi - Central Administrative Tribunal, Angad Das VS Union of India - Orissa
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Procedural and Administrative Aspects - Imposing Dies Non status requires adherence to departmental rules and proper authority. It is considered a major penalty affecting pension rights, and such penalties cannot be arbitrarily imposed. Proper legal procedures must be followed, and the period treated as Dies Non is meant to reflect administrative decisions without affecting the employee's service continuity. Mahesh Kumar Shrivastava VS State of M. P. - Madhya Pradesh, Suresh Kumar vs Union of India - Jammu and Kashmir
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Case Law and Interpretations - Courts have consistently held that Dies Non periods, especially those imposed due to unauthorized absence or disciplinary action, do not constitute breaks in service for pension or employment rights, provided they are properly categorized and documented. They also recognize that treating periods as Dies Non is a legal tool to preserve service continuity while excluding certain periods from pension calculations. ARUN KUMAR SHARMA VS UNION OF INDIA - Delhi, Nripendra Deb Roy VS State of Tripura - Gauhati, Subhash Chandra Tripathi vs Union of India through Secretary - Central Administrative Tribunal
Analysis and Conclusion
Dies Non is a legal and administrative concept used to treat certain periods of absence or suspension as non-contributory to service continuity, primarily in disciplinary and pension contexts. Proper application ensures that employees' service records accurately reflect periods of unauthorized absence or disciplinary measures without adversely affecting their pension or employment rights. Courts have reinforced that such periods, when correctly classified, do not break service continuity, but they must be imposed following due process and legal provisions.
Search Results for "Rule 51 Dies Non"
2010 1 Supreme 694 • India - Supreme Court
A.K.PATNAIK, DALVEER BHANDARI
re-employment was treated as an appeal by the DIG Police, CRPF, and punishment of “compulsory retirement” as awarded by Commandant, 51 ... re-employment was treated as an appeal by the DIG Police, CRPF, and punishment of “compulsory retirement” as awarded by Commandant, 51 ... Service Law-CRPF Rules, 1955- Rule 28-Appellant posted as a Head Constable was served ... The relevant part of the order reads as under:- ... “HC Angad Das of 51 BN CRPF is hereby removed from service with effect from the date of issue of this orde....
2010 0 Supreme(Ori) 80 • India - Orissa
DALVEER BHANDARI
The relevant part of the order reads as under:- ... ”HC Angad Das of 51 BN CRPF is hereby removed from service with effect from the date of issue of this order. The intervening period between 31-5-96 (AN) to the date of this order will be treated as ‘Dies Non for all purposes.” ... 27 of CRPF Rule 1955.” ... Police, CRPF, and in exercise of his power under Rule 28 of the CRPF Rules, 1955, the punishment of “compulsory retirement” from service has been enhanced to “removal from service” w.e.f. 31.5.199....
2013 0 Supreme(Del) 46 • India - Delhi
PRADEEP NANDRAJOG, VEENA BIRBAL
The court converted the penalty to compulsory retirement and directed the treatment of the period as non-dies for pensionary benefits ... Final Decision: The court directed the conversion of the penalty to compulsory retirement, treatment of the period as non-dies ... Ratio Decidendi: The court decided to convert the penalty to compulsory retirement, treating the period of unauthorized absence as non-dies ... The period has been treated as dies-non.....
2015 Supreme(Online)(KER) 32347 • India - High Court of Kerala
DAMA SESHADRI NAIDU, J
Seniority - Employment Law - Kerala Service Rules (KSR) - Appendix XII-A; Rule 27 (KS & SSR) - The court interpreted the KSR provisions ... Regarding the dies-non period, the Rule observes thus: “(e) Periods of Dies-non other than dies-non due to strike, imposed to regularise periods of unauthorised absence/cover periods of break of service etc., will not be ... When the authority directs that the period will be treated 'dies #HL_ST....
2007 0 Supreme(MP) 637 • India - Madhya Pradesh
S.K.GANGELE
.) -- R. 10 -- penalty of dies-non affects pension of employee -- it is major penalty under -- cannot be imposed without departmental ... 2005 (II) MPWN 51 and 2005 (3) MPHT 32 relied on. ... izHkkfor djrh gS && ds v/khu ;g xq:rj ‘kkflr gS && foHkkxh; tk¡p ds fcuk vf/kjksfir ugha dh tk ldrhA 2005 ¼2½ e-iz- ohDyh uksV~l 51 ... When the authority directs that the period will be treated 'dies non', it means that continuity of service is maintained, but the period treated 'dies#H....
2006 0 Supreme(Gau) 1076 • India - Gauhati
R.B.MISRA, MAIBAM B.K.SINGH
51 of the Central Civil Services (Pension) Rules, 1972. ... gratuity shall lapse to the Government, and it must be paid only to the authorized person duly nominated under the provisions of Rule ... Ratio Decidendi: The court's decision was based on the interpretation of Rule 52 and 53 of the Central Civil Services (Pension ... Rule 50 of 'Rules 1972' provides death-cum-retirement gratuity, Rule 51 deals With persons to whom gratuity is payable. Rule 52 deals with lap....
2025 Supreme(Online)(CAT) 4071 • India - Central Administrative Tribunal
DR. LATA BASWARAJ PATNE, J, MR. VARUN SINDHU KUL KAUMUDI, ACJ
10, 12) ... ... Facts of the case: ... Applicant, N.Mangamma, contested the treatment of her leave as DIES-NON ... Unauthorised absence without prior permission from the competent authority, has to be treated as Dies-non, as per Rule 25(2) and GID 25 (2) of Swamy’s Compilation of FRSR Part-III. ... Hence, the period cannot be treated as unauthorised absence and, finally, as Dies-non. v. ... Thus, the unauthorized period was treated as Dies #HL_STA....
1982 0 Supreme(Kar) 154 • India - Karnataka
M.P.CHANDRAKANTARAJ
51-A were included, excluding other tools. ... of Tariff Item No. 51-A were included, excluding other tools. ... Excise Duty - Classification of Products - Central Excises and Salt Act, 1944 - Tariff Item No. 51-A, Tariff Item No. 68 - The ... as falling under extrusion dies and press for rock drills occurring in sub-item (iii) of item No. 51-A of the Schedule to the act. ... That is accepted as an exception to the general rule of this Court. ... ( 13 ) IN the result, the will accord....
2025 Supreme(Online)(CAT) 11162 • India - Central Administrative Tribunal
Rajiv Joshi, Member (Judicial), Anjani Nandan Sharan, Member (Administrative)
non. ... applicant, suffered from asthma and was subjected to various penalties, including reductions in pay and designation of absences as dies ... 51. In CCT v. ... 3.8 On 27.12.2013, the respondents imposed another punishment, by which, the period from 11.12.2013 to 27.12.2013 has been treated as dies non. However, the said period of dies non are identical to the letter dated 10.12.2013. ... The dies-non orders do not constitut....
2024 Supreme(Online)(HC) 17 • India - Jammu and Kashmir
M. A. Chowdhary, J
... ... Result: Writ Petition dismissed as non-maintainable. ... non', impacting the petitioner's fundamental right to livelihood. ... (Paras 2.3, 3.1, 8, 18) ... ... (B) Right to livelihood - The absence from duty and dismissal were treated as 'dies ... non’. ... The petitioner has also mentioned that the respondents have already imposed the punishment of 28 days rigorous imprisonment and thereafter the respondents have dismissed the petitioner, while under the provisions of Rule 51#HL_END....
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