G. M., SOUTH EASTERN RAILWAY Vs. BENULAL MUKHERJEE

JUDGEMENT

(1.) Leave granted.

(2.) Learned Additional Solicitor General appearing on behalf of the Appellants submits that this matter is squarely covered by the judgment of this Court in Union of India v. Arun Jyoti Kundu and Ors., 2007 7 SCC 472. In the present case, the Calcutta High Court vide its judgment dated 4.3.2003 passed in WPCT No. 1325 of 2002, has dismissed the writ petition filed by the Appellant. Relying upon the aforementioned judgment of the High Court rendered in WPCT No. 1325 of 2002, the judgment of the Tribunal dated 7.1.2003 passed in O.A. No. 1419 of 1997 has been affirmed.

(3.) This Court by its judgment in the case of Union of India v. Arun Jyoti Kundu and Ors. , has set aside the judgment of the High Court and that of the Central Administrative Tribunal and dismissed the O.A. filed before the Central Administrative Tribunal. In paragraph 19 of the judgment this Court has held as under: