UNION OF INDIA Vs. HARDAM SINGH

JUDGEMENT

(1.) This writ petition is directed against the orders dated 23.12.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby OA No. 1670/2010 filed by the respondent was allowed. The brief facts of the are summarized as under:-

(2.) A representation dated 10.08.2009 was submitted by the respondent to Deputy General Manager (DMS) stating therein that the order of General Manager and Secretary (Appellate Authority) already stood quashed and, therefore, he was requested to issue formal orders. He also claimed that he shall be deemed to have retired on the date of his superannuation in the normal course and was entitled to back wages from 03.08.1990. Since Deputy General Manager (DMS) did not pass any such order, the respondent filed OA No. 1670/2010 on 17.05.2010. On 03.07.2010, an order was passed by Deputy General Manager (Administration) of DMS compulsory retiring the respondent from service w.e.f. 03.08.1990. The OA was amended by the respondent so as to challenge the aforesaid order.

(3.) The Tribunal, vide impugned order dated 23.12.2010 observed that the order of punishment as well as the order of appeal had ceased to exist having been quashed by the Tribunal and respondent having superannuated in the end of June, 1993, any action thereafter had to be taken only in accordance with CCS Pension Rules and the order under those rules could have been passed only by the President. The Tribunal, therefore, set aside the order dated 03.07.2010 and directed the petitioners to treat him as retired on superannuation on 30.06.1993 and pay him full retiral benefits which would have accrued to him if the order of compulsory retirement had not been passed.