- (1.) Heard learned Senior counsel for the petitioner Mrs. M. M. Pal and Md. Jalisur Rahman, learned counsel appearing on behalf of the respondent railways.
(2.) This writ petition relates to claim of either full salary or subsistence allowance for the period from 22.03.1995 to 18.08.2003 i.e. the date on which he was reinstated by order dated 18.08.2003 (Annexure-3) passed by Assistant Personnel Officer, Chakradharpur in obedience to the order of learned CAT in O.A. No. 410/97 dated 23rd April, 2003. By Annexure -3, the Sr. DOM/CKP, APO(W)/TATA, OS (Optg) Bill/CKP/ARM/TATA were requested to decide the intervening period i.e. the period from the date of removal to the date of re-instatement on his back wages. Learned CAT has dismissed the Original Application No. 38 of 2009 by the impugned order dated 04.02.2010 holding as under: "9. As per the law, the only thing for which the benefit of this order of reinstatement dated 18.8.2003 shall be available to the applicant for the period from 22.3.1995 to 18.8.2003 shall be the deemed continuation of service over this period, which could count towards his entitlement for pensionary benefits, and that the applicant is not at all entitled to either full salary as if in employment, or for subsistence allowance as if under suspension for the period from 22.3.1995 to 17.8.2003, the date of his reinstatement."
(3.) Respondents, in their counter-affidavit at para 23 have made statement that the intervening period from 22.03.1995 to 20.08.2003 has been decided by the competent authority as dies-non. However, no such order has been enclosed. In the supplementary-affidavit dated 27.09.2016, the petitioner has made statement that no such order was issued or served upon the petitioner. In the O.A. also, no such order was brought on record though as per the petitioner a prayer was made to that effect.;