U. C. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is directed against an order dated 15th September, 2017 passed by the Central Administrative Tribunal (CAT), Principal Bench in C.P. No.52/2017 in O.A. No.285/2008 filed by the Petitioner as well as an order dated 15th November, 2017 passed by the CAT dismissing the Petitioner's Review Application No.238/2017. The Petitioner has sought specific directions to the Respondents to pay the Petitioner interest at 12% per annum on a sum of Rs.1,19,220/- being the pay of the Petitioner from 1978 to 1984 and further a sum of Rs.50,944/- (as increment together with interest at 12% p.a.) from 22nd July, 2013 to 24th March, 2018. The Petitioner has also claimed a sum of Rs.2.50 lakhs from the Respondents as compensation for mental and physical harassment.

(2.) This case has a long and chequered history. The Petitioner was appointed to the post of Store Keeper, Grade-II at the office of the Garrison Engineer (MES) (Respondent No.2) on 22nd December, 1963. He challenged a transfer order dated 26th October, 1978, whereby he was sought to be transferred from Lucknow to Bihar, by filing Regular Suit No. 97/1981 in the Court of the Additional District Judge, Lucknow. By an order dated 6th September, 1982 the said Court restrained the Respondents permanently from implementing the said transfer order as it was violative of an office circular dated 29th November, 1972 issued by the Ministry of Defence (MoD). According to the Petitioner, although he started reporting for duty thereafter, he was not assigned any work by Respondent No.2. Ultimately, only by an order dated 12th April, 1984 was the Petitioner reinstated in service with effect from 9 th/10th May, 1984. In the said order, it was directed that the intervening period would be treated as having been spent on duty.

(3.) The Petitioner refers to a Posting Order dated 14th March, 1985 which notes that the Petitioner had "already been adjusted in GE (West), Lucknow in the grade of Group B" in accordance with an Office Memorandum ("OM") dated 15th June, 1968.