UNION OF INDIA Vs. GOPAL DUTT PANDEY

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioners seek to challenge the impugned order dated 31.10.2013 passed in 2896/2012 and order dated 05.12.2014 passed in R.A. No.34/2014, by learned Central Administrative Tribunal, Principal Bench, New Delhi. Assailing the tenability of the aforesaid orders, Mr. Ashok Singh, the learned counsel for the petitioners submits that the learned Tribunal has not appreciated the fact that the respondents were given arrears in lump sum in terms of Rule 5 of the Railway Services (Revised Pay) Rules, 2008 vide RBE No.103/2008 and this fact by itself was sufficient to prove that the respondents were not fully aware of the said Circular with regard to the revised pay modified in the year 2008. Another contention raised by the learned counsel for the petitioner is that the respondents had also not challenged the Rule 6(3) of the said Railway Services (Revised Pay) Rules, 2008 and in the absence of any challenge raised by them and also being aware of the benefit of the said rules, the learned Tribunal could not have granted the relief claimed by the respondents.

(2.) IN support of the aforesaid submissions, the learned counsel for the petitioner relied upon the judgment in the case of Union of India and other vs. M.K. Sarkar, 2010 2 SCC 59.

(3.) WE have heard the submissions made by the learned counsel for the petitioner and also perused the impugned orders passed by learned Central Administrative Tribunal.