G M NORTHERN RAILWAY Vs. TARA CHAND

JUDGEMENT

(1.) Rule DB. With the consent of the parties, the writ petition is taken up for final hearing.

(2.) This writ petition, filed by Union of India through General Manager, Northern Railway, challenges the order/judgment dated 24th October, 2002 in OA No. 3188/2001 whereby the respondent's OA was allowed and the petitioners were directed to fix the pay of the respondent in the grade of Rs. 7450-11500/- i.e., at Rs.10,375/- w.e.f. 4th July, 2000 with all consequential benefits.

(3.) The case of the petitioner is that the respondent, who. retired as Assistant Engineer from the Northern Railway on 30th June, 2001 before the CAT was that his pay was refixed and reduced from his existing pay of Rs. 10,100/-to Rs. 8,100/-with consequent reduction in fixation of pay in higher grades, reduction of his pension as well as recovery from the gratuity paid to him by letters dated 20.3.2001, 4.6.2001, 23.5.2001 and 1.8.2001. The principle grievance of the respondent is that this reduction was done without any notice to him and was thus in complete violation of principles of natural justice. The respondent made this averment in paragraph 1 of the OA preferred by him in the Tribunal. The relevant averment in the OA is as follows: