New Delhi: The Central Administrative
Tribunal has said that a government employee might get
pensionary benefits even for the period of his unauthorised
absence if the disciplinary authority decides in his favour.
"We are of the view that once the disciplinary
authority...had clearly recorded that the period of his
unauthorised absence from duty shall be treated as "Dies Non"
without break in service for the purpose of grant of
pensionary benefits, it would not be permissible for the
respondents (Ministry of Home Affairs) to deduct the said
period," it said.
The Tribunal bench, comprising Chairman V K Bali and
Vice Chairman L K Joshi, gave relief to petitioner Sudhanshu
Paliwal by directing Ministry of Home Affairs, Intelligence
Bureau to recalculate his pension by including the period from
December 4, 2000 to February 2, 2007 in his total service.
It passed the order on a petition by Paliwal, who was
given punishment of compulsory retirement, to CAT seeking
direction to the Ministry to calculate his qualifying service
and then fix his pay.
"We need not go into any other question when the order
itself states that the period of unauthorised absence would be
counted for purposes of pensionary benefits even though the
said period be treated as Dies Non, Paliwal would be entitled
to pension including the period of his unauthorised absence,"
the Tribunal said.
PTI
