Treatment of suspension period as eol - reg.

sakthi (Querist) 22 March 2025 This query is : Resolved
Respected Learned Experts, I am a retired central government servant. During my service, I was suspended for a period 272 days for a criminal case. The trial court has acquitted me under benefit of doubt. In departmental enquiry, I was imposed with compulsory retirement. The order of suspension was deemed suspension as I had been imprisoned exceeding 48 hours. After the order of the acquittal, I had applied for regularization of suspension period which was turned down as treated as not in duty. I had challenged the order before the CAT and the CAT has set aside the order, directed the department to regularize the period of suspension under the rules applicable. Now after my retirement my department has regularised the suspension period as EOL under FR-54B(7). Whether I am eligible for any monetary benefits such as annual increments, revision of pensionary benefits based on the order passed. I am a senior citizen and I don't want to proceed further with legal battles. My query restricted to the eligibility of any monetary benefits based on the order passed. The order is silent about this. With utmost respect and advance thanks, I pray the Experts to clarify the issue please.

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A retired government servant was acquitted in a criminal case but faced compulsory retirement after a departmental enquiry. Their suspension period was initially not regularised, but a CAT order directed the department to do so. The department subsequently regularised this period as Extra Ordinary Leave (EOL) under FR-54B(7). The individual is now seeking clarification on whether this EOL status entitles them to any monetary benefits, such as annual increments or revised pension, as the department's order is silent on this matter. While EOL typically doesn't count towards qualifying service for these benefits, the individual is exploring their options without further legal battles.

T. Kalaiselvan, Advocate (Expert) 22 March 2025
Generally, Extra Ordinary Leave (EOL) does not count towards qualifying service for pension or annual increments, unless it's taken for specific reasons like inability to join duty due to civil commotion or for higher technical/scientific studies.
If a government servant takes EOL for personal reasons, it will not count towards qualifying service for pension or increments, and their next increment date may be postponed.
The orders of CAT has not specifically mentioned to regularise EOL for monetary benefits.
Have you in your petition before CAT prayed for monetary benefits also by regularising the suspension period?
Did the CAT allow your prayer?
You may revert with more details to guide you accordingly.

Sudhir Kumar, Advocate (Expert) 23 March 2025
I need to red the CAT order.

kindly post the order or indicate OA No, Bench, Date of order.

feel free to send PM.

The facts n your case are scattered in different threads and you can be loser if you get incorrect advise based on half facts.

I have also in your earlier threads indicated my views. However it will be to the best of your advantage if there is nee for someone to see all the papers clearly in one go.

sakthi (Querist) 23 March 2025
Learned Expert Shri T. Kalaiselvan, the CAT has ordered to regularise the suspension as per the applicable rules, even though I had prayed for all monetary benefits. The department has regularised the suspension period under FR-54B(7) treating the period as EOL. As per the views expressed by you, it seems that even after regularisation of suspension period as EOL, I am not likely to get any monetary benefits which is back to square one i.e., treating the period as not spent on duty. Thank you very much sir for your guidance. I am much obliged to you. Once again thank you to all the Experts in the Forum.

T. Kalaiselvan, Advocate (Expert) 23 March 2025
Sir, you do not have to lose your hopes, we can still hope for a proper solution/relief by producing the order copy of both CAT and the department concerned before a local lawyer specialised in service matters and obtain a second opinion, for all such further actions.

kavksatyanarayana (Expert) 23 March 2025
I believe, that the department has correctly issued the orders.

sakthi (Querist) 29 March 2025
Much obliged for the response of Learned Experts S/Shri T. Kalaiselvan and KAVK Satyanarayana. As I am too tired because of my old age, I am not willing to proceed for a legal fight once again. I am closing this query at this juncture. Once again thank you very much to one and all in the Forum for your expertise advice.

Sudhir Kumar, Advocate (Expert) 14 April 2025
I need to read the CAT order.

P. Venu (Expert) 10 May 2025
Yes, the query is short of material facts.
Firstly, you have not bothered to inform of the OA No. as well the CAT bench so that Order could be perused in details.

Secondly, has the Competent Authority issued the order to regularise period of Suspension as EOL after giving notice as provided under Sub-rule (5) FR 54 B.1? If such a notice has been issued, had you made any representation?

Sudhir Kumar, Advocate (Expert) 24 May 2025
Reading of CAT order will clarify as to what facts are and what more facts you need to share.

please post OA No date of decision and the bench of CAT.

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