Central Administrative Tribunal - Delhi
Ravinder Kumar, Ips (Retired) S/O Late ... vs Union Of India (Uoi), Through The Home ... on 20 December, 2007
ORDER Meera Chhibber, Member (J)
1. By this O.A., applicant has challenged letter dated 7/10th July, 2006 (page 8) whereby his request for payment of revised leave encashment has been rejected on the ground that he had never reported at Shimla and had requested for change of headquarters from Shimla to Daroh but the same was rejected vide Governments letter dated 13.2.1998. He has also challenged letter dated 20.03.2007 whereby his appeal was rejected informing him that he was not entitled for joining time (page 10).
2. It is submitted by the applicant that he was a member of the Indian Police Service belonging to the 1977 batch of the Himachal Pradesh cadre. He stands compulsorily retired w.e.f. 22.03.2004. He was placed under suspension w.e.f. 07.07.1997 vide order dated 7.7.1997 (page 12) and was reinstated vide order dated 4.6.1998 (page 13). Respondents were required to regularize the period of suspension on his reinstatement, but it was regularized after his retirement vide order dated 29.04.2006 (page 14) whereby full pay and allowances were given to the applicant. In view of this order whereby his suspension period was regularized as on duty, applicant wrote a letter dated 30.05.2006 to the Controller (F&A), Department of Personnel, Government of Himachal Pradesh, seeking revised leave encashment of 10 days earned leave, which was required to be credited to his EL account, in lieu of not having availed any joining time as a result of change of his HQrs during suspension. However, his request has been wrongly rejected.
3. It is stated by the applicant that while placing him under suspension, his Headquarters was fixed at Shimla and not at PHQ at Shimla. As per rule 3 (d) of CCS (Joining Time) Rules, 'Transfer' means movement of a Government servant from one post to another either within the same station or to another station to take up duties of a new post or in consequences of change of his headquarters. Therefore, since his HQrs. was changed, he was entitled for 10 days un-availed joining time and the same was required to be credited into his earned leave account.
4. State of Himachal Pradesh was impleaded as Respondent No. 2 through The Secretary (Home), but they have not filed any reply.
5. Reply has been filed by Respondent No. 1 through The Home Secretary, Government of India. They have stated that the subject matter of the present O.A. primarily concerns the State-respondent who has to make detailed submissions in this regard. While deciding his appeal, Union of India had called for comments from the State Government, who had informed that applicant, had been compulsorily retired from service in another departmental enquiry. However, as far as the suspension order in question is concerned, his HQrs was fixed at Shimla but be did not report at Shimla during suspension. He had joined Shimla only on revocation of suspension order as DIG at PHQ, Shimla, therefore, he was not entitled for any joining time as requested. Therefore, his appeal was considered on the basis of submissions made by applicant and the comments offered by State of Himachal Pradesh. They have thus prayed that the O.A. may be dismissed.
6. In the rejoinder, applicant has stated that he had reached Shimla during suspension in January 1998, but he was not required to report to anyone as per order dated 7th July 1997. He thus prayed that the OA might be allowed.
7. I have heard the applicant appearing in person as well as counsel for the Union of India.
8. As per All India Services (Leave) Rules, 1955, joining time has been defined in rule 2 (j), which, for ready reference, reads as under:
2(j) 'joining time' means the time allowed to a member of the Service in which to join a new post or to travel to or from station to which he is posted;
Perusal of the above clearly shows that joining time is to be allowed to a Member of the Service for joining a new post or to travel to join at a station where he is posted; whereas in the instant case when applicant was suspended and his HQrs was declared at Shimla, he was neither to join a new post nor he was posted there. Moreover, respondents have categorically stated in their order that applicant had never joined at Shimla during his suspension period. Therefore, in these circumstances, applicant would not be entitled to claim any joining time. Admittedly applicant was placed under suspension vide order dated 7th July 1997. It is submitted by the applicant himself that he went to Shimla in January 1998, but since he was not required to report at any place, he did not report. In these circumstances, State of Himachal Pradesh has rightly stated that he had never joined at Shimla during suspension. It is correct that during suspension one is not required to do any duty, but at least it is expected from an Officer to report to the place where his HQrs is declared. Even if the word Headquarter was not mentioned in the order of suspension, since applicant was fairly a senior officer, holding the rank of DIG in Police, he ought to have known that he should have reported at least at the HQrs. Since applicant had admittedly not reported at Shimla during the period of his suspension, he would not be entitled to any joining time.
9. Applicant was trying to place reliance on CCS (Joining Time) Rules, but since the definition of 'joining time' has already been explained in The All India Services (Leave) Rules, 1955 itself, there is no need to refer to any other Rules. Even, as per CCS (Joining Time) Rules, also the term 'Joining time' has been defined under rule 3. (c), which, for ready reference, reads as under:
3. Definitions xxx xxx xxx
(c) 'Joining Time' means time allowed to a Government servant in which to join a new post or to travel to a station to which he is posted.
It is absolutely the same as given in the All India Services (Leave) Rules.
10. Applicant next relied on rule 3 (d) to state that his case would be covered under the last clause of above said rule. However the heading reads as Transfer, and for ready reference, reads as under:
3. Definitions xxx xxx xxx
(d) 'Transfer' means the movement of a Government servant from one post to another either within the same station or to another station to take up duties of a new post or in consequences of change of his headquarters.
Perusal of above would show that the heading itself is transfer, which is explained to mean movement of a Government servant from one post to another either within the same station or to another station or in consequences of change of his headquarters. This, according to me, deals with a situation where he is transferred even though in the same post but his Headquarter is changed due to the transfer. In the instant case, applicant was never transferred from Daroh to Shimla while he was under suspension though his Headquarter was changed, but applicant never reported at the new Headquarter during the suspension period, whereas joining time is given to a person to join the new post on transfer in public interest. Therefore, according to me, the relief, as claimed by the applicant, cannot be given to him. O.A. is accordingly dismissed. No order as to costs.