UNION OF INDIA Vs. M.S. UNNIKRISHNAN NAIR

JUDGEMENT

(1.) The Union of India and the officials of the Southern Railway have filed the original petition being aggrieved by the order of the Central Administrative Tribunal (CAT), Ernakulam, which allowed the Original application filed by the respondents/applicants directing to provide the upgraded pay scales with effect from 1/1/1996 on actual basis instead of 19/2/2003 fixed as per the decision of the Government dtd. 7/3/2003.

(2.) The brief facts leading to the original petition are as follows:-

(3.) The respondents contended that there are contradictory orders passed pointing out that the principal Bench had rejected a similar claim and though the Supreme Court confirmed the orders of this Court and that of the Patna High Court, the question of law was left open and therefore, the applicants cannot take advantage of those judgments. The Tribunal, however did not accept the contentions of the appellant in the original petition and allowed the original application, by the order impugned holding that similarly situated persons were granted the benefits by the Tribunal the same was upheld by this Court and Supreme Court and there was no reason to treat the applicants who are similarly situated differently and accordingly allowed the application.