T P SINGHA Vs. UNION OF INDIA
LAWS(CAL)-2009-7-27
HIGH COURT OF CALCUTTA
Decided on July 27,2009

T.P.SINGHA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Soumitra Pal, J. - (1.) In the writ petition the petitioner has challenged the order dated 13th September, 2007 passed by the learned Central Administrative Tribunal in OA 28/AN/2007 (T.P. Singha v. Union of India & Ors.).
(2.) The writ petition was moved on 25th February, 2008 when directions were issued for filing of affidavits. Affidavits were filed and exchanged. The matter came up for hearing on 2nd April, 2008 when, by an order dated 2nd April, 2008, the Division Bench declined to interfere with the order dated 13th September, 2007 passed by the learned Tribunal. The only relief that was granted to the petitioner was by directing the "authorities to relax the interest amount paid by the petitioner to the tune of Rs. 13,221/- on the GPF" and "to refund the said interest amount of Rs. 13,221/- already paid by the petitioner of such GPF. "Thereafter, an application was filed by the petitioner for reviewing the order dated 2nd April, 2008 which was disposed of by the Division Bench by passing a judgment, the relevant portion of which is as under :- "The order impugned dated 2.4.2008 so far as confirming the order of the learned Tribunal by a single line order, "we do not find any reason to interfere with the order so passed by the learned Tribunal", on the issue of claim of salary, allowances and other monetary benefits for the intervening period w.e.f. 1.11.2003 till the date of reinstatement in service, is set aside and quashed and the writ application is placed on file for adjudication of the said point only as to whether on the facts and circumstances of the case and in terms of the grounds and prayer 'b' of the writ application, the same could be allowed or not. The review application accordingly succeeds."
(3.) The short point which to be decided is whether the petitioner is entitled to the back wages from 1 st November, 2003 till the date of reinstatement that is the period during which he did not perform duty.;


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