Page No.# 1/6 GAHC010189092024 2026:GAU-AS:6804-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5072/2024 SURESH CHANDRA KALITA SON OF LATE GUNA RAM KALITA, RESIDENT OF RAILWAY QTR. NO. 17/B, CENTRAL GOTANAGAR, SHUTTLE GATE, MALIGAON, GUWAHATI-11, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, GOVT. OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI-110001. 2:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI -781011. 3:THE CHIEF PERSONNEL OFFICER N.F. RAILWAY MALIGAON GUWAHATI- 781011. 4:THE SENIOR DIVISIONAL MECHANICAL ENGINEER/ DIESEL (NGC) N.F. RAILWAY NEW GUWAHATI GUWAHATI-21. 5:THE ASSISTANT DIVISIONAL FINANCE MANAGER N.F. RAILWAY GUWAHATI-11 Page No.# 2/6 Advocate for the Petitioner : MR D K SARMAH, MS. J DEKA,MS. A TALUKDAR Advocate for the Respondent : DY.S.G.I., MR. K K PARASAR (R-1 TO 5) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18-05-2026 (M. Zothankhuma, J) 1. Heard Mr. D.K. Sarmah, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC appearing for all the respondents. 2. This petition has been filed by the petitioner who is a Railway employee, challenging the order dated 22/05/2024, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, which dismissed Original Application No.040/00347/2017, wherein the petitioner had prayed for grant of increments for his unauthorized leave period from 06/04/2010 to 05/04/2013, which had been regularized by the respondents. 3. The petitioner's case is that the petitioner can be granted increments in terms of clause 2(c) of the instructions provided in the communication dated 25/08/1994, issued by the Government of India, Ministry of Railways (Railway Board), which provides as follows:- “2. General: Drawal of increments is regulated by Rule 1320 (FR 26) R. II. This rule relates to the counting of service and periods of leave for increments. The following periods count for increments: Page No.# 3/6 (a) Duty (b) Service in another post, other than a post carrying less pay referred to in clause (a) of Rule 227 (FR 15) R-I (c) All kinds of leave including E.O.l. granted on (i) medical certificate (ii) without medical certificate but due to inability of the railway servant to join or re-join duty on account of civil commotation, and (iii) for prosecting higher technical and scientific studies. (d) E.O L. taken otherwise than on medical certificate may be allowed by the President or the competent Authority declared under Rule 1320 (ER 26) R. II to count, if it was taken for any other cause beyond the control of the railway servant. (e) Deputation out of India under Rule 1339 (FR 51) R.II (f) Foreign service. (g) Joining time in continuation of duty (h) Joining time in continuation of leave. if the last day of the leave immediately before the commencement of joining time counts for increment in that post.” 4. The petitioner's counsel submits that the petitioner who is serving as a Senior Section Engineer in the N.F. Railway, was absent from 06/04/2010 to 05/04/2013 without taking permission. He was thereafter penalized with ‘Censure’ on 07/05/2015. The petitioner's unauthorized absence was regularized as ‘Leave Without Pay’ on 28/05/2015. However, his increments for his 3 years absence was not granted. The petitioner thereafter submitted a prayer for grant of increments for his unauthorized period of absence which had been Page No.# 4/6 regularized, before CAT, Guwahati Bench, vide Original Application No.040/00347/2017. 5. The petitioner's case, as stated earlier, is that in terms of Clause 2(c) of the instructions provided in the communication dated 25/08/1994, which is a part of the Master Circular No.58/1994, persons who avail of all kinds of leave, including EOL, are eligible for grant of increments. 6. The learned Tribunal, on considering the prayer of the petitioner, held that in terms of the DoPT O.M. No. 13026/3/2012-Estt (Leave) dated 28/03/2013, when an employee has been absent for a long period of 3 years and has not discharged any official duty during this period of absence, then there are no legal and valid grounds for him to get increments in pay. The learned Tribunal also observed that the respondents have been very lenient and have allowed the petitioner to go with just a minor penalty of “Censure” and regularized the period of absence as “Leave Without Pay”, though his unauthorized absence should have attracted a more stringent penalty. 7. We have considered the challenge made by the petitioner to the dismissal of his original application by the learned Tribunal. On a query made to the counsel for the petitioner as to why the petitioner had availed of unauthorized leave for three years, the petitioner's counsel submits that he does not know the exact reason for the same. The above being said, the petitioner’s claim for grant of increments is on the basis of Clause 2(c) of the instructions dated 25/08/1994, which is part of M.C. No.58/1995. However, a reading of Clause 2(c) shows that the matter pertains to giving increments to persons who Page No.# 5/6 have been granted all kinds of leave, including EOL, on the condition that the Railway servant could not join his duty on account of civil commotion or for pursuing higher technical and scientific studies. 8. In the present case, it is not the case of the petitioner that he could not join his service due to civil commotion or for pursuing higher technical and scientific study. Further, it is not a case of extraordinary leave being taken by the petitioner. As such, Clause 2 of the instructions dated 25/08/1994, in M.C. No.58/1994, does not come to the aid of the petitioner, in his claim for grant of increments. 9. The above being said, the Office Memorandum No. 13026/3/2012-Estt (Leave) dated 28/03/2013 at Clause 2(a) and 2(d) speaks of the Proviso to FR 17(1) and Rule 32(6) of the CCS (Leave) Rules, 1972, which are as follows:- “ a) Proviso to FR 17(1) The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.” “(d) Rule 32(6) of the CCS (Leave) Rules, 1972 This provision allows the authority competent to grant leave, to commute retrospectively, periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary leave shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of Page No.# 6/6 FR 26(b) (ii).” 10. The above provisions clearly show that the petitioner who was absent from duty without any authorization, was not entitled to any pay and allowance and as such, though his unauthorized absence has been regularized, the said period has been declared to be leave without pay. When there is no pay to be given to the petitioner, there does not appear to be any reason for grant of increments to the petitioner. 11. On considering all the above, we do not find any reason to interfere with the impugned order. The writ petition is accordingly dismissed. JUDGE JUDGE Comparing Assistant