UNION OF INDIA AND ORS. vs HANUMANT YELLAPPA BAJAL

Judgment text excerpt

Ingale 2-ia-2098-21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3416 OF 2009 WITH INTERIM APPLICATION NO. 2098 OF 2021 Union of India and ors. … Petitioners Versus Hanumant Yellappa Bajal .… Respondent **** Ms.Anjali N. Helekar a/w Ms.Astha Arya, for the Petitioner -Union of India. Mr.Vaibhav M. Parashurami a/w Ms.Nidhi M. Patel i/b Ms.Apoorva L. Thakre, for the Respondent/Applicant. **** CORAM : M.S.KARNIK AND N.R.BORKAR, JJ. DATE : 16th JULY 2025 ORAL JUDGMENT (PER M.S.KARNIK, J.) : 1. The challenge in this petition is to an order dated 23/01/2009 passed by the Central Administrative Tribunal (“the Tribunal”, for short) allowing the Original Application filed by the respondent. The Tribunal directed the petitioners to reinstate the respondent with continuity of service and pay him backwages with effect from 26/11/2005. The Tribunal directed the petitioners to call upon the respondent to resume his duties immediately on receipt of such 1 Ingale 2-ia-2098-21.odt notice. It was further directed that back wages shall be paid to the respondent within three months from the date of resumption of duties by him and the period of absence upto 26/11/2005 was directed to be regularized in accordance with law. 2. The brief facts of the case are that the respondent was appointed as ‘Tin Copper Smith’ with petitioner no. 3 on 20/04/1981. On 01/04/1996, the respondent was promoted as Master Craftsman vide order dated 31/10/1996 with retrospective effect from 01/04/1996. On 31/01/2004, the respondent met with an accident. The respondent was granted Special Disability Leave for 120 days for the period between 03/02/2004 to 01/06/2004 and for 01/06/2004 to 24/06/2004 half pay leave. Subsequently, he was also allowed 92 days earned leave f