RAM KUMAR THAKUR Vs. UNION OF INDIA
LAWS(J&K)-2020-2-68
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 19,2020

RAM KUMAR THAKUR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Tashi Rabstan,J. - (1.)Through the medium of this writ petition, the petitioner is seeking to quash Office Memorandum dated 17.08.2013 (annexure 'J' to the writ petition) vide which financial up-gradation was granted to the petitioner under Modified Assured Career Progression Scheme from 01.04.2011 instead of 2006. The petitioner is also seeking a direction to the respondents in the nature of mandamus for grant of financial up-gradation under Modified Assured Career Progression Scheme from 2006 along with all consequential benefits including different allowances during the period 23.05.2000 to 14.02.2005, i.e., the intervening period of petitioner which is dismissal from service to reinstatement in service.
(2.)The facts in short, as averred in the writ petition, are that the petitioner was appointed as a Constable in CISF on 21.06.1994. He applied for leave on 27.12.1999 and the same was granted to him upto 30.01.2000. It is averred that during the leave period the petitioner fell ill and he applied for extension of leave from time to time and the same was extended by the respondents. It is averred that during the period of service, i.e., on 24.07.1999 some false and frivolous allegations were levelled against the petitioner and he was dismissed from service vide order dated 22.05.2000 when he was on leave and the order of dismissal was served at his residential address. The petitioner challenged the said order in SWP No.1953/2000, which came to be allowed on 25.05.2004; order of dismissal came to be set aside and the respondents were directed to reinstate the petitioner. Accordingly, the respondents reinstated the petitioner on 14.02.2005. In the meanwhile, the respondents also filed LPASW No.52/2009 against the order of learned Single Judge, however, the appeal came to be dismissed vide judgment and order dated 16.08.2010. After the dismissal of appeal, the respondents vide order dated 07.10.2010 regularized the intervening period of petitioner with effect from 23.05.2000 to 14.02.2005, i.e., dismissal from service to reinstatement in service as on duty with all consequential benefits.
(3.)The grievance of petitioner is that although the respondents have paid an amount of Rs.4,08,468/- towards the salary for the intervening period from dismissal to reinstatement, but the respondents till date have not released ration allowance, washing allowance, SCA, SDA, ECL and TPT arrears for the said period. The further grievance of petitioner is that although vide Office Memorandum dated 17.08.2013 financial up-gradation under Modified Assured Career Progression Scheme was granted to the petitioner with effect from 01.04.2011, but the petitioner was entitled to the same from the year 2006. Hence, the present writ petition.
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