om:29-cl-2023-Mar — When a GDS is put off duties due to departmental action or criminal proceedings, on being exonerated / acquitted, he is entitled to the ex gratia payment and attendant consequential benefits

When a GDS is put off duties due to departmental action or criminal proceedings, on being exonerated / acquitted, he is entitled to the ex gratia payment and attendant consequential benefits — This chunk pertains to the order passed in a case where an applicant was placed under put-off duty due to departmental action or criminal proceedings, subsequently acquitted, and sought reinstatement... — Facts: The Applicant was placed under put-off duty vide Order, dated 25-2-1983 on account of pending criminal proceedings which ended in conviction by the Trial Court u/s. 409 of IPC, against which he preferred appeal and on succeeding therein was acquitted on 14-9-1989. However, as he was not reinstated in service, he filed O.A. No. 47 of 2010. In January 2010, a charge-sheet was filed against him on 15-2-2010 on the same set of facts and witness in which the criminal proceedings had been done. This forced him to file another O.A. No. 290 of 2010 against the charge-sheet and in both the OAs, his prayer was allowed. Writ petitions filed by Respondents against both the OAs stood dismissed by the Hon'ble High Court. On the basis of Order, passed by this Tribunal in O.A. No. 47 of 2010, the Respondents paid him ex gratia compensation from 13-8-1997 on the basis of old scale of 3rd Pay Commission and not on revised salary. During the thirty years of put-off duty, many revisions of TRCA scale took place but the ex gratia paid was at the old scale only. At the time of relinquishment of duties on attaining age of superannuation also, no additional payment was made. All that he was paid was ₹ 7,44,283 on 20-8-2020 without giving any details for which he filed representation, dated 1-2-2021. Representation for payment of ex gratia and TRCA on the revised scale had not been responded to. Hence the OA.

The Respondents averred that as per Order, dated 2-9-2010 passed by this Tribunal in O.A. No. 47 of 2010, the Applicant was paid ex gratia allowance for GDS officials which was introduced on 13-1-1997. Against the two orders of the Tribunal, writ petitions were filed before Hon'ble High Court. The Respondents submitted that after dismissal of both the writ petitions since the Applicant had retired in the meantime in the year 2013, admissible consequential benefits of the Applicant in O.A. No. 328 of 2021 was calculated as per revised GDS Pay Rules and his dues have been paid considering him equivalent to GDS on leave as he has not performed any duty for the said period and a sum of ₹ 7,44,283 has been disbursed to him after deduction of ex gratia allowance already paid earlier. As by the time he was acquitted by the High Court he was 59 years, his request for consequential benefits of promotion could not be considered as the maximum age-limit for promotion, etc., is 50 years. Accordingly they prayed for dismissal of OA.