UNION OF INDIA Vs. JAGDISH RAI

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 30/9/2016 passed by the learned Central Administrative Tribunal in O. A. No. 1548/2014.

(2.) Vide the impugned order, the learned Tribunal has partly allowed the original application preferred by the respondent by directing the petitioner to treat the period between 23/7/1975 to 18/10/1993 as also the period between 13/11/1997 to 31/3/2013 as qualifying service for the purposes of calculating pension and other retiral benefits of the respondent. Simultaneously, the learned Tribunal has directed that the period between 19/10/1993 and 12/11/1997 would be treated as 'Not on Duty'.

(3.) It is the common case of the parties that on 23/7/1975, the respondent was appointed in the Delhi Division of the Railways as a Group D employee and was thereafter posted as a Booking Clerk, at Bhiwani City Railway Station w.e.f. 22/7/1980. It is the petitioner's case that on 18/10/1993, the respondent was found guilty of using government revenue/station collections for personal use and was thereafter tried by the learned Judicial Magistrate, Ambala City, who after finding his guilty of the charge levelled against him, released him on probation subject to his furnishing a bail bond for a period of two years and paying a sum of Rs.700.00 to the public exchequer towards prosecution charges.