E SREEDHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks a Writ of Mandamus/certiorari for deleting the words "less Rs. 4000/- as pension" in the second line of para (iii) of respondent No. 1's letter dated 18th September, 1992 and for release of all the withheld amounts with interest.

(2.) BRIEF facts to comprehend the controversies are that the petitioner retired from Indian Railways on 30th June, 1990. After his retirement, through a process of selection by Public Enterprises Selection Board, which was approved by Appointments Committee of the Cabinet, the proposal for the appointment of the petitioner as CMD, Konkan Railway Corporation was approved. According to the Appointments Committee of the Cabinet, his scale of pay was to be in terms of Schedule 'a' of pay of Rs. 9000-10000 for a period of five years or till the completion of the Kortkan Railway Project, whichever was earlier. The D. O. No. 90/e (O)/ii/7/22 dated 30th October, 1990 regarding the decision of the Appointments Committee of the Cabinet is as under:-

(3.) IN terms of the decision of the Appointments Committee of the cabinet, an order No. 90/w2/krc/1 dated 31st October, 1990 was issued which also stipulated that in pursuance of Article 65 of the Memorandum and Article of Association of the Konkan Railway Corporation Limited, New delhi, the petitioner, retired Member Engineering, Railway Board, is appointed as Chairman-cum-Managing Director of Konkan Railway corporation in Schedule 'a' of scale of pay of Rs. 900-250-10000 for a period of five years from the date he takes over or till the completion of the Konkan railway Project, whichever is earlier. .