IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WA.No. 1347 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23602/2005 Dated 13/11/2007 .................... APPELLANTS/RESPONDENTS ------------------------------------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE (CRPF) CGO COMPLEX, NEW DELHI. 3. THE COMMANDANT 100 BATTALION, CRPF, AHAMEDABAD. 4. THE ADDITIONAL DIGP GROUP CENTER CRPF, BIJNOUR P.O., LUCKNOW, UTTER PRADESH. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT/PETITIONER --------------------------------------- A.HUSSAIN,S/O. ABDUL KHADER, NADAKKARUVA HOUSE, (VIA) KANIYAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.HARISH KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1347 OF 2008 ------------------------------------- Dated 3rd July, 2008 JUDGMENT Koshy,J . Writ petitioner entered service in the Central Reserve Police Force (CRPF) as Constable on 15.1.1972. In 1978, he was promoted the post of Constable – Driver and posted in the 24 battalion of the CRPF. In 1979, there was a strike by CRPF personnel from 22.6.1979 to 24.6.1979. According to the petitioner, he did not participate in the strike. Actually, he was in judicial custody from 25.6.1979 to 30.6.1979. Subsequently, he was promoted as Naik on 1.4.1988 and as Haveldar on 17.11.1997. After completion of 25 years of service, he applied for promotion to the post of Inspector in the year 1997. On the allegation that he participated in the strike from 22.6.1979 to 24.6.1979 and there was a break in service of the petitioner with effect from 22.6.1979 to 24.6.1979, his application was rejected. Petitioner retired from service on 31.1.2005. He received pension, DCRG and Commutative value of pension without counting the period prior to 22.6.1979. In other words, the service of 7 ½ years was forfeited. Petitioner's case is that he did not participate in the strike and he was detained in judicial custody. Petitioner's Commandant considered the matter and found that it was a break in service, but, by Ext.P3 the W.A.1347/2008 2 reviewing authority decided to treat it as `Dies Non' “by giving due weightage and forethought to the case”. The question is that since it is considered as `Dies Non' whether it can be treated as break in service without a separate order. Dies Non itself will not constitute break in service. Rule 17A of the Fundamental Rules relating to Central Civil Services speaks about `Dies Non' which is an unauthorized absence in duty which is not considered as break in service. Reviewing authority considered the matter and found that he did not participate in the strike and there was no break in service, but, only treated as `Dies Non'. In fact, subsequently he was promoted which shows that for all purposes it was not treated as break in service. It is true that petitioner was subsequently punished, but, that is not a ground for treating the period from 22.6.1979 to 30.6.1979 as break in service. The above period is declared as `Dies Non'. Therefore, learned single Judge held that petitioner is entitled to pension attributable to the service in the CRPF by counting his service from 15.1.1972 to 21.6.1979 also as part of the qualifying service and Ext.P3 was modified to that extent. We see no ground to differ from the views of learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks