Babu Ram v. Himachal Road Transport Corporation & Others CWPOA No.3160 of 2020 08.09.2026. Present: Mr. Rakesh Kumar Dogra, Advocate, for the petitioner. Mr. Raman Jamalta, Advocate, for the respondents. CMP (T) No.395 of 2026 Instant application is for early hearing. In view of the averments made in the application, the application is allowed and the matter is taken up today for hearing. The application stands disposed of. CWPOA No.3160 of 2020 Grievance as set up by Learned Counsel is that the petitioner was appointed as a Workshop Helper on 28.10.1982 and while working as such due to his alleged ailment he remained absent from duty from 01.06.1992 to 03.11.2009. For the aforesaid absence, disciplinary proceedings were initiated leading to passing of termination orders on 17.10.1994. 2. Feeling aggrieved against the termination order dated 17.10.1994, the petitioner filed a CWP (T) No.2377 of 2008 initially before Learned State Administrative Tribunal, which was transferred to this Court whereby the termination order dated 17.10.1994 [Annexure A-5] was set aside on the ground that termination order was a non-speaking order. 3. Since termination order 17.10.1994 was set aside by a Co-ordinate Bench of this Court on 25.02.2009 [Annexure A-1] being a non-speaking order without adjudicating the matter on merits, therefore, Disciplinary Authority-cum-Divisional Manager of Corporation, passed fresh orders on 03.11.2009 [Annexure A-2], which read as under:- “*OFFICE ORDER* Whereas the Hon'ble HP High Court vide its order dated 25.2.2009 passed in CPW (T) No. 2377/2008 titled as Babu Ram V/S HRTC And Others has set aside the case and directed the Undersigned to re-hear the appeal and pass a speaking/reasoned order after hearing the petitioner. And whereas the Undersigned, in compliance to the aforesaid order dated 25.2.2009 passed by the Hon'ble High Court heard the said Shri Babu Kam, Ex-Workshop Helper in person on 02.7.2009 along with the supportive documents produced by him in support of his absence from duty. And whereas the Undersigned on going through the relevant record and taking into account the orders of Hon'ble High Court ibid found that the penalty/punishment of termination from service imposed upon the said Shri Babu Ram Ex Workshop Helper seems to be harsh and does not commensurate with the quantum of offence committed by him and in exercise of the powers vested under CCS (CC&A) Rules, 1965 and all other powers enabling him in this behalf hereby orders to re-instate Shri Babu Ram Ex- Workshop Helper with the following penalties:- 1. His pay be reduced by one stage from Rs. 975/- to Rs. 950/- for a period of two years and he will not earn any increments during this period of pay reduction and after completion of this period, it will not have any effect on future increments of his pay. 2. The leave due in his credit is sanctioned in his favour and the remaining period of absence will be considered as Dies Non till his joining in service and he will not be entitled for any financial benefits for that period which is treated as Dies Non. However the period will not be counted as break in service.” 4. Since termination order dated 17.10.1994, was modified on 03.11.2009 [Annexure A-2] imposing the modified penalty of “reduction by one stage for a period of two years” “without permitting him to earn increments during this period” and by directing that period of absence may be treated as “leave due in credit” and “remaining period was to be considered as Dies-Non” till his rejoining in service and with stipulation that the petitioner “will not be entitled for any financial benefits for the period of absence, which was treated as Dies-Non with further order that period will not be counted as break in service.” 5. Upon passing of modified order on 03.11.2009 [Annexure A-2] petitioner was reinstated in service on 04.11.2009 [Annexure A-3] and after joining, the petitioner applied for leave and the said leave period was regularized. The period for which no leave was in credit, was treated as Dies Non w.e.f. 02.08.1992 to 03.11.2009 [17 years and 03 months and 03 days] and an order was passed on 30.11.2005 [Annexure A-4] that “only period of leave will count towards increments.” 6. In instant petition, challenge has been laid to order dated 30.11.2009 [Annexure A-5] whereby, the period from 02.08.1992 to 03.11.2009, i.e. period of Dies-Non was not counted for “any financial benefits” including increments, ACP’s and other admissible benefits. 7. At this stage, Learned Counsel for the petitioner prays for two days’ time to assist this Court with case law as to whether the period of Dies-Non, for period of absence from duty and for which no leave was in credit, could be counted “any financial benefits” i.e. Increments, ACP’s or other admissible benefits], as is being claimed by the petitioner herein. 8. Prayer for adjournment not opposed. List the matter on 14.09.2026. (Ranjan Sharma) September 08, 2026 Judge [Shivender]