UNION OF INDIA Vs. CH VENKAT RAO

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 31st July, 2008 (Annexure P/8) passed by the Central Administrative Tribunal, Bench at Jabalpur, in Circuit Sitting at Bilaspur, in O.A. No. 679/2007.

(2.) SHRI Sinha, learned counsel appearing for the petitioners submit that the impugned order is contrary to the relief sought by the respondent in the original application, being O.A. No. 679/2007. The petitioners- authorities passed an order on 28.11.2003/13.01.2004 whereby, the punishment order of removal of the respondent No. 1 from service was modified to that of the compulsory retirement. It was clearly ordered that the intervening period from 09.11.1993 to the date of compulsory retirement shall be treated as "no work, no pay" and shall not qualify for pensionary benefits. The said order was never questioned and the same has attained finality. The respondent-employee has filed the above stated original application seeking relief of a direction to the petitioners (respondent therein) for re-fixation of original minimum pension to Rs. 2150/- under V-th Pay Commission Pay Scales w.e.f. 24.01.1997, with arrears and all consequential benefits, including commutation value on difference of amount of Rs. 860/- ( - ) Rs. 510/- i.e. Rs. 350/-.

(3.) THE Tribunal passed the impugned order in the application i.e. O.A. No. 679/2007 without considering the refixation of minimum pension of the respondent-employee, as prayed in the original application, and the Tribunal has considered the order dated 28.11.2003/13.01.2004 (Annexure P/2). Thus, the Tribunal has gone beyond the pleadings without examining the relief sought for in the said application, but modified the order dated 28.11.2003/13.01.2004 (Annexure P/2) which was not the subject matter of the original application. THE impugned order is contrary to the pleading and facts on record before the Tribunal in the instant application.