DELHI TRANSPORT CORPORATION Vs. MANMOHAN

JUDGEMENT

(1.) By way of this petition under Article 226 read with 227 of the Constitution of India Petitioner-DTC has challenged the impugned order dated 18th May, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal?) in T.A. No. 843/2009 wherein the order dated 27th June, 1997 passed by the Petitioner retiring the Respondent prematurely on medical grounds and asking him to collect the cheque of compensation, is set aside. By the impugned order, the Tribunal has directed the Petitioner to continue the Respondent on deemed basis on a supernumerary post in an equivalent grade of Conductor protecting his pay till he attains the age of retirement and the superannuation may be personal to him. The Tribunal has further directed the Petitioner that if the Respondent is reinstated in service on deemed basis, he would be entitled to all the consequential benefits including back wages from 27.6.1997 till date which would be paid to him within a period of three months.

(2.) Briefly the facts relevant for disposal of present petition are as under:

(3.) On account of change of jurisdiction, the said writ petition was transferred to the Tribunal and was renumbered as T.A. No. 843/2009.