Excelsior Correspondent
JAMMU, July 31: The Central Administrative Tribunal (CAT), Jammu Bench comprising Rajinder Singh Dogra (Judicial Member) and Ram Mohan Johri (Administrative Member) has granted a major relief to Tashi Namgail, a teacher from Ladakh, reinstating him from the year 2018 after a long legal battle spanning 28 years.
The Tribunal passed the order after hearing the matter at the Leh Circuit Bench. The fact of the case is that the petitioner was appointed as a teacher in 1987. In 1996, he took a month’s leave, after which his services were terminated on grounds of unauthorized absence.
Contesting the termination, the petitioner approached the High Court of Jammu & Kashmir in 2011. The High Court directed to constitute a committee and conduct a proper inquiry into the termination. Subsequently, a three-member inquiry committee was formed under the leadership of the Joint Director.
The inquiry committee found the termination as illegal. Pursuant to these findings, the petitioner was re-engaged in the year 2018, but he was not paid any salary from that year onwards.
When the case was heard, the court came to the conclusion that since the termination was carried out without following the principles of natural justice, without hearing or associating the petitioner, and was illegal and hence quashed.
The court also observed that the enquiry committee was formed on the direction of High Court and has given his findings that the termination was illegal. The Tribunal finally came to the conclusion that since no work was performed by the petitioner from 1996 to 2018, the petitioner is not entitled to get salary for this period. However, this period will be considered notionally for pension and future increments. Further, the Tribunal ordered that the petitioner should receive his full salary from 2018 to till date, with all arrears to be paid within 12 weeks.
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