UNION OF INDIA Vs. USHA GHOSH

JUDGEMENT

(1.) THE petitioners have challenged the order dated 25th November, 2010 passed by the Central Administrative Tribunal on the ground that late Mr. Udai Shankar Ghosh was working on an ex-cadre post and as per the extant policy for the purpose of calculating retirement benefits, the salary drawn in the parent cadre has to be the basis. It is accordingly submitted that the Tribunal has erred in directing the petitioners to calculate retirement benefits on the basis of emoluments that late Mr. Udai Shankar Ghosh was actually drawing at the time of his death.

(2.) THE facts of the present case do not justify interference with the impugned order passed by the Tribunal dated 25th November, 2010. Late Mr. Udai Shankar Ghosh was initially appointed as a Typist and was absorbed as Console Operator on 14th October, 1985. One Mr. Girdhar Gopal, junior to late Mr. Udai Shankar Ghosh was directed to be considered as Console Operator in the grade of 1600-2660 from due date with consequential benefits except arrears from 16th November, 1985. THE said decision of the Tribunal dated 7th October, 1999 was implemented by the petitioners. Late Mr. Udai Shankar Ghosh though senior to Mr. Girdhar Gopal was not granted the same benefit. In 2002, late Mr. Udai Shankar Ghosh filed an original petition for seeking same benefits which was allowed. Mr. Girdhar Gopal also filed another petition alleging that the decision of the Tribunal dated 7th October, 1999, had not been properly implemented. This petition filed by Mr. Girdhar Gopal was allowed by order dated 12th May, 2003 and it was directed that he would get notional increments from the date of absorption on the post of Console Operator w.e.f. 17th October, 1985 till date of his absorption i.e. 6th November, 1995. Late Mr. Udai Shankar Ghosh made similar representation which was not accepted by the petitioners. In these circumstances, late Mr. Udai Shankar Ghosh filed OA No. 1602/2007 which was allowed on 4th March, 2008 and it was directed that he would be given same benefits as were allowed and given to Mr. Girdhar Gopal in the judgment dated 12th May, 2003. In compliance with the said orders, the petitioners passed an order that late Mr. Udai Shankar Ghosh, Console Operator was allowed pay scale of Rs.550-750 (RS)/5500-9000 (RSRP) w.e.f. 17.10.85 to 6.11.95 on notional basis and arrear of difference of pay w.e.f. 7.11.95 onwards.