UNION OF INDIA Vs. D R CHUGH

JUDGEMENT

(1.) The Union of India challenges the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 217/2000 dated 22.9.2000 filed by the Respondent under Section 19 of the Administrative Tribunal Act.

(2.) The Respondent had filed the aforesaid petition before the Tribunal seeking directions to the Petitioner to grant benefits of seniority and pay fixation on account of his past military service as Hawaldar rendered from 20th June 1963 to 15th August 1971, prior to his joining service of the Petitioner as Junior Engineer.

(3.) The Tribunal by the impugned order has allowed the aforesaid OA in so far as it pertains to the relief of pay fixation, by directing that the initial pay of the Respondent be fixed at the stage equivalent to the stage that would have been reached by adding in the post of Junior Engineer, the number of completed years of service rendered in the post of Hawaldar, excluding the period spent in training in defense service), and also directing that the Respondents entire pension (including the pension equivalent to gratuity and other forms of retiral benefits) shall be ignored. The petitioner was directed to calculate the financial benefits due and after adjustment, the arrears of actual pay benefits were to be granted with effect from 31.1.1999 i.e. one year prior to the date of filing of the OA, which was filed on 31.1.2000.