Legal Question in Administrative Law in India
Sir,
I was issued with transfer order on 27.07.2013 and relieved me on 29.07.2013 by my employer on a complaint to a distant place. Since I was issued with transfer without even initiating any inquiry, I prayed the Hon'ble CAT Hyderabad to do justice. The Hon'ble CAT Hyderabad after taking all the material evidence into consideration has allowed the O.A and set aside the transfer order dated 29.07.2013 and the applicant (myself) is allowed for all the consequential benefits. The judgment was pronounced on 31.10.2013 and the respondents( my employer ) has cancelled my transfer order on 06.011.2013 and I joined back in the same assignment on 07.11.2013. Now the employer has till today has not settled my pay and allowances for about 3 1/2 months ( i.e. from 01.08.2013 to 06.11.2013 amounting about 2.2 Lakhs. The employer is delaying the payment of my salary in the name of seeking clarification from higher authorities. I have been requesting for the last 3 months to my employer to treat the entire period i.e. 30.07.2013 to 06.11.2013 as on duty in view of the fact that Hon'ble CAT HD has set aside the transfer order dt. 29.7.2013 issued by the employer and allowed me to all the consequential benefits. I would pray you to kindly clarify whether the entire period of absence i.e. 30.07.2013 to 06.11.2013 is to be treated as ON DUTY or not in view of Hon'ble CAT judgment? I have declined to give any leave application for the above said period in view of clear judgment of Hon'ble CAT. Kindly help me.
2 Answers from Attorneys
you will be entitled to the benefits as per cat order. you can approach the CAT and file a contempt petition against the deptt if they are withholding your benefits. for detailed opinion i would need to study the order.
01.03.2014
Dear Sir / Madam,
Your reinstatement order is binding on the employer and has to be effected by the employer.
Regards,
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