Research › Search › Judgment

Madras High Court · body

2008 DIGILAW 2589 (MAD)

The Union of India, rep. by the Divisional Railway Manager, Southern Railway, Madurai Division v. The Registrar, Central Administrative Tribunal, Madras Bench

2008-07-22

K.K.SASIDHARAN, P.K.MISRA

body2008
Judgment :- P.K. Misra, J. Heard Mr. V.G. Suresh Kumar, for the petitioner and Mr. P. Rajendran, for Respondent No.2. 2. These writ petitions are directed against the common order passed by the Central Administrative Tribunal (in short "Tribunal") in O.A.Nos.1105, 1106, 1107 & 1103 of 2003 respectively, dated 26. 2004, whereunder the Tribunal has allowed the Original Applications. 3. The question involved in these writ petitions is as to how the period during which the present contesting respondents (who were applicants before the Tribunal) had worked, has to be treated. 4. The contention of the Department is that 50% of such period should be treated as on duty for the purpose of calculating pension; whereas, the Tribunal, relying upon an earlier order of the Tribunal in O.A.Nos.1052 to 1054 of 2000 dated 17. 2001 has concluded, as a matter of fact, that the entire period should be taken into consideration for the purpose of calculating pension. Incidentally such order dated 17. 2001 in O.A.Nos.1052 to 1054 of 2000 was challenged by the Union of India by filing W.P.Nos.24948 to 24950 of 2001 and those three writ petitions were dismissed by a Division Bench by judgment dated 11. 2002. 5. Since the present order of the Tribunal is based on such earlier order of the Tribunal in O.A.Nos.1052 to 1054 of 2000, we hardly see any scope to interfere in the matter. Incidentally it may be pointed out that the earlier order in O.A.Nos.1052 to 1054 of 2000 as confirmed by the High Court in W.P.Nos.24948 to 24950 of 2001, has been implemented by the present writ petitioner, as apparent from the Memorandum No.U/P 535/VI dated 4. 2003. 6. In such view of the matter, we do not think it would be appropriate to take any different view in the matter. Accordingly, the writ petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. The order of the Tribunal shall now be implemented within a period of eight weeks from the date of receipt of a copy of this order.