Regularization of period of suspension - reg.
Vasudevan
(Querist) 29 January 2025
This query is : Resolved
Respected Learned Expert(s), I am a Central Government employee and was under deemed suspension from 03.07.2008 to 30.04.2009 due to a CBI - ACB case. The suspension was revoked on 01.04.2009 without any order on the treatment of suspension as criminal case was pending against me. The criminal case was ended with an order of acquittal on 28.10.2011. However, I was compulsorily retired on 25.01.2017 followed by departmental proceedings. The department has passed an order treating the suspension period as not spent on duty in 2015. The order was challenged by me before the CAT and the CAT has ordered to treat the period of suspension on duty for all purposes. Aggrieved by the order of the CAT, the department has filed a Writ Petition in 2022 and WP was disposed with direction to pass necessary order to regularize the period of suspension, as duty period or on leave or otherwise. The department has now passed an order which read as "shall be be converted into leave of any kind due and admissible as per FR 54-B(7) read with FR 54-B(5)". I had retired on 25.01.2017 itself and my EL and HPL has been enchased. How can the department can now convert the period of suspension into leave of any kind. I request the Learned Experts kindly to clarify whether I am eligible for pay and allowances during the period of suspension and yearly increment arrears. Thanks to all Learned Experts in anticipation.,
T. Kalaiselvan, Advocate 
(Expert) 29 January 2025
The court in the writ petition has clearly instructed that the suspension period to be regularised on duty or on leave or otherwise.
If there's no leave to your credit then the department cannot regularise it as leave, they may have to follow the court judgement to treat it as duty or otherwise and to pay you the pay and allowances for the interim period.
kavksatyanarayana
(Expert) 29 January 2025
Yes. As there is no leave, the department has to follow the court order, the department may pass orders under FR54-B " SPENT ON DUTY" or otherwise and you can get allowances for that period.
Dr. J C Vashista
(Expert) 30 January 2025
If you feel aggrieved by the order passed by the department wherein suspension period has been counted for leave, you should approach CAT through your lawyer.
Vasudevan
(Querist) 30 January 2025
Much obliged by the response of the Learned Experts S/Shri T. Kalaiselvan and KAVK Sathyanrayana.
Respected Learned Expert Shri Dr. J.C. Vashista, the order was passed by the department based on the order of Writ Petition disposed by the High Court. Whether, I can challenge the order of the department before the CAT now? Please clarify as I am appearing as Party In-person both before the High Court and CAT.
T. Kalaiselvan, Advocate
(Expert) 30 January 2025
You have already been given relief through an order by high court, that will prevail, hence there is no reason to approach CAT again, if the department is still reluctant to obey the court order then you can think about filing a contempt of court petition against the department
Vasudevan
(Querist) 30 January 2025
Much obliged to Learned Expert Shri T. Kalaiselvan. If I want to file contempt petition, whether I should file before CAT or High Court. Please clarify, as I am appearing as Party In-Person.
Vasudevan
(Querist) 31 January 2025
Much obliged by the response of Learned Expert Shri Dr. J.C Vashista. Please clarify the issue whether I should filed contemt petition before the High Court or Tribunal. As I am appearing as Parrty In-Person, I request the Learned Expert to guide in the matter. Thanks in anticipation.
T. Kalaiselvan, Advocate
(Expert) 31 January 2025
In fact it is a confirmation of the CAT order by high court in the writ petition hence you may file contempt petition before high court for disobeying the orders passed by high court because the department has approached high court with writ petition.
Vasudevan
(Querist) 31 January 2025
Much obliged for the response and guidance of learned Expert Shri T. Kalaiselvan.
Sudhir Kumar, Advocate
(Expert) 02 February 2025
As appearing from the facts narrated by you the CAT directed that the period may be treated as on duty.
However, the CAT order has been modified and deptt is not compelled to implement it.
As you also described that the High Court has now directed that he period may be regularized but as admissible leave. CP can be filed in High Court.
Since on the day of your retirement there was no such ordered and you are able to encase the whole leave. However when High Court orders is there for regularization of the period then the situation on the date of end of suspension needs to be considered.
On the date of end of suspension you had leave credit and the said leave will now be adjusted against that period.
However it is expected that after this regularization this period may add in qualifying service and in case you have not received maximum gratuity then DGR Gauthorization may also o be reviewed and the excess paid leave encashment can be adjusted on the same.
In case you have no served for 33 years then increase of qualifying service will entail more years of pension and PPO will be revised and commutation will also be revised and the excess paid leave encashment can be adjusted on the same.
Kindly elaborate if the above assumptions are wrong.
Vasudevan
(Querist) 03 February 2025
Respected Learned Expert Shri Sudhir Kumar, much obliged by your detailed and elaborate reply. The situations narrated by you is absolutely correct. However, my EL at credit is less than the period of suspension. My EL balance was only 198 days whereas my suspension period is more than 300 days. In that case, whether the department can club both EL and HPL. Whether HPL may be commuted for this purpose? Please clarify sir.
Learned Expert Shri Dr. J.C. Vashista, much obliged by your reply sir. Thanks to one and all for sharing their knowledge and guiding me in the proper way.
T. Kalaiselvan, Advocate
(Expert) 04 February 2025
Half pay leave (HPL) can be commuted to commuted leave. Commuted leave is granted for medical reasons or for study purposes.
Hence there is no question of adjusting any HPL in this circumstance.
You are again and again repeating the same question in different manner, you may better consult your advocate and clarify all such further doubts
Vasudevan
(Querist) 04 February 2025
Much obliged for the response of Learned Expert Shri T. Kalaiselvan. I am extremely sorry for repetition. I want to have a claruty on the issue. I am not engaging any advocate due to paucity of finance. I had appeared as Party In-Person in the High Court. Once again I regret for my act of repetition. Once again Thank you very much sir for your guidance.
P. Venu
(Expert) 06 February 2025
"The criminal case was ended with an order of acquittal on 28.10.2011"
However, in your earlier posting, you had stated on that "I was a Central Government servant. Subsequent to the Departmental Enquiry, I was ordered for Compulsory Retirement without any mention on the quantum of retirement benefits by the Disciplinary Authority. I was paid Provident Fund benefits and Leave salary. No pension and gratuity was paid to me till date. After 6 months of the above said order, I have been convicted in CBI court for which appeal lies in the High Court ......."
Read more at: https://www.lawyersclubindia.com/experts/enitlement-of-retirement-benefits-reg--657111.asp
I am glad that you have almost overcome your travails. However, the facts posted appears to be inconsistent.
P. Venu
(Expert) 06 February 2025
So also, the HC's direction to "to regularize the period of suspension, as duty period or on leave or otherwise" appears to be ambiguous. What is the WP No.?
Vasudevan
(Querist) 07 February 2025
Respected Learned Expert Shri P. Venu, the WP No.27477 of 2022 before the High Court of Madras. The order dated 18.11.2024 has already uploaded in the offricial website of High Court. Regarding the thread in respect of pension and gratuity, I am much obliged to inform to all the Learned Experts in the Forum that the pension and gratuity has been sanctioned to me after the intervention of the CAT. This has happened only with the able guidance of the Learned Experts in the Forum. Once again thank you to one and all in the Forum. The order of the High Court is ambiguous to me also. Therefore I had sought for the guidance from this Forum. Any other thing to be informed to me in the matter may please be mentioned for the act of which I shall be much grateful to one and all in the Forum.
T. Kalaiselvan, Advocate
(Expert) 08 February 2025
The orders passed in the said WP are to be perused for rendering more detailed opinion.
Vasudevan
(Querist) 09 February 2025
Learned Expert Shri T. Kalaiselvan, thank you sir for your response. The order is available in the official web site of the Madras High Court. If time permits, please go through the same and necessary guidance may perhpas be rendered to me, if needed. Oncew again thank you very much sir.
T. Kalaiselvan, Advocate
(Expert) 09 February 2025
We render opinion based on the information posted here.
We do this service at free of cost.
We don't have time to look into external issues to give opinions on that basis.
You may engage the services of an experienced advocate at least for this purpose on the terms of the chosen advocate and get the issues clarified.
Vasudevan
(Querist) 09 February 2025
Much obliged to Learned Expert Shri T. Kalaiselvan. Me too understand that besides your busy schedules, you are kind enough to guide me to the extent possible. Once again thank you sir and I shall assure you sir that I shall be much grateful to you and to all the Learned Experts in the Forum for all your valuable guidelines.
P. Venu
(Expert) 09 February 2025
The High Court had disposed of the WP with the following observations at para 14 -
"We are of the considered view that the order of the Tribunal was justified
and legally sustainable and does not required any interference by this
Court." . Hence, it cannot be said that the HC had modified the directions of the CAT as to regularisation of the period of suspension.
However, the HC had directed at para 15 that " Therefore, this Court directs the petitioners/competent
authority shall pass necessary orders to regularize the period of
suspension, as duty period or on leave or otherwise, as per the service law
applicable to the first respondent, in accordance with law, within a period
of four weeks from the date of receipt of a copy of this order" . The import of this direction cannot be construed unless the Final Orders of the CAT perused. However, the said Order has not been uploaded in the CAT website.
Dr. J C Vashista
(Expert) 10 February 2025
You have adequately been obliged by the experts on this platform, please close this thread.
Discuss the issue (if any left out) with the lawyer engaged by you since s/he is well aware about facts / documents and orders passed by Tribunal / High Court in the instant case.
Vasudevan
(Querist) 10 February 2025
Respected Learned Expert Shri P. Venu, thank you very much for your effort in perusing the order of the High Court and your opinion and guidance on the issue. As suggested by the other Learned Expert Shri Dr. J C Vashista, I am closing this issue at this level in the present situation as I am solely swallowing the precious time of all the Learned Experts Much obliged for the response of Learned Experts S/Shri KAVK Satyanarayana and Dr. J C Vashista. Once again thank you to one and all in the Forum for sparing their time to reply my querry.
Sudhir Kumar, Advocate
(Expert) 22 February 2025
When the department is allowed to treat suspension period as any admissible leave. Such period can also be HPL or EL or both and if both the credit do not add upto suspension period then EOL can be granted.
There is no order the HPL can be granted only for study purpose. Study Leave is entirely for different purpose.
Perusal of High Court order and compliance by department is necessary for commenting on the feasibility of CP.
Vasudevan
(Querist) 22 February 2025
My sincere thanks to the Learned Expert Shri Sudhir Kumar for his valuable opinion and efforts taken by him in the matter. Once again thank you very much sir.
Sudhir Kumar, Advocate
(Expert) 02 March 2025
Perusal of High Court order is necessary for commenting upon feasibility of the Contempt Petition.
Vasudevan
(Querist) 02 March 2025
Respected Learned Expert Shri Sudhir Kumar Ji, the order is available in Madras High court website judgment portal case No. being WP No. 27477 of 2022 order dated 18.11.2024. Kindly peruse the order and oblige. Once again thank you very much sir for your continued affection shown on me.
P. Venu
(Expert) 02 March 2025
It is equally important that the Final Orders of the CAT be perused. Unfortunately, as already informed, the said Order has not been uploaded.
Vasudevan
(Querist) 05 March 2025
Learned Experts S/Shri P. Venu and Sudhir Kumar Ji, I am having the pdf format of CAT order. Please tell me how can attach the pdf in the reply, because I am unaware of too much technical knowledge.
P. Venu
(Expert) 05 March 2025
Contact details could be accessed from profile.
Vasudevan
(Querist) 06 March 2025
Learned Expert Shri P. Venu sir, I had sent the CAT order copy in e-mail. Kindly advice me in the matter. With utmost sincere thanks.
