Loss due to suspension

Mukul Anand (Querist) 08 December 2016 This query is : Resolved
Sir,
I am a railway employee. I had been suspended in year 2010 and kept in suspension for a very long period. Then i approached CAT guwahati . Tribunal ordered my employer to reinstate me in service from the date of suspension. I have been allowed to join but my employer did not pay me increment and arrear for the period i was put under suspension. this happened because the authority who suspend me did not allow me to join or review my suspension within 90 days. Can i file case for compensation upon that particular person in lower court. Please let me know. Please suggest me otherwise as well.
Thanks

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Kumar Doab (Expert) 08 December 2016
You have posted many threads and posted in one of the threads that:

"after cat guwahati judgement and my pay has been updated. '

Rajendra K Goyal (Expert) 09 December 2016
Author need to clarify on the observation from expert Kumar Doab.

P. Venu

(Expert) 09 December 2016
Please post the complete issue. And elucidate the grounds on which suspension was ordered.

Kumar Doab (Expert) 09 December 2016
Venu Sir,

The one issue that seems to be is that author has not consulted seasoned personnel ( say Union leaders) and/or counsel specializing in service matters.

Guest (Expert) 09 December 2016
You can't claim any compensation, except regularisation of your suspension period in to duty or leave as due for the purpose of earning increment or arrears of pay.

Rajendra K Goyal (Expert) 10 December 2016
Agree with the expert P.S. Dhingra.

Guest (Expert) 10 December 2016
Thanks for agreeing with me.

Kumar Doab (Expert) 10 December 2016
You are silent on the point raised in the thread.

Mr. P. Venu has seen the system closely and has helped many querist including a recent querist/author from your state/Guwahati.

The querist/author has acknowledged that

Mr. P. Venu helped him personally.

It is for your benefit to share full facts.

Kumar Doab (Expert) 10 December 2016
I have sent few link to you.

Mukul Anand (Querist) 10 December 2016
Initially my was updated but after one month they fixed it as it was in year 2010. CAT guwahati invalidated the suspension period on the ground that it was not reviewed within 90 days. My question is whether i can sue that person who did not review it.

Mukul Anand (Querist) 10 December 2016
I can send you gentlemen the copy of judgement cat guwahati made in my case.

Mukul Anand (Querist) 10 December 2016
I also want to know if cat guwahati is using clause 'reinstate in service' that must have some meaning other than the lame one. What does that mean in service matter?

Rajendra K Goyal (Expert) 11 December 2016
You said:

I can send you guys .....

Reply:

please maintain decorum.

Kumar Doab (Expert) 11 December 2016
Agreed with Mr. Goyal.

Guest (Expert) 11 December 2016
You can sue only the departmental head, not an individual.

Mukul Anand (Querist) 11 December 2016
I agree with "maintain decoram"

Kumar Doab (Expert) 11 December 2016
Thanks for agreeing.

P. Venu

(Expert) 11 December 2016
The lapse in reviewing the suspension order after 90 is an incident of procedure. The real question is why were suspended - was it because disciplinary proceedings were contemplated? If so, what is outcome of the proceedings?