GENERAL MANAGER, SOUTHERN RAILWAY Vs. R.HARINDRAKUMAR

JUDGEMENT

(1.) The General Manager, Southern Railway, Chennai, and its officials are the petitioners in the above Original Petition (CAT) challenging the order in the Original Application filed by the respondent herein that set aside Annexures A3 and A6 orders sanctioning 2/3rd pension and 2/3rd gratuity as Compensation Pension respectively and directed the petitioners to pay to the applicant the full pension with effect from 26/10/2004, date of compulsory retirement.

(2.) The short facts necessary for the disposal of this original petition are a follows:-

(3.) The learned Deputy Solicitor General, Sri.Manu submits that the very basis of the order of the Tribunal was the judgment of this Court in WP(C)No.24260 of 2006 which held that the order reducing pension must be simultaneously passed along with the order of the disciplinary authority imposing the punishment. This view of the Court was held to be per incurium by a later judgment of this Court in WP(C)No.27942 of 2007 and therefore, the very basis of the order of the Tribunal has vanished. It is his further submission that this Court by Annexure R3 judgment had clearly found that the petitioner ought to have been granted the punishment of dismissal and that leniency was shown by the petitioners herein while granting a lesser punishment of compulsory retirement. He also argues that there is nothing in Rule 64 that contemplates passing of orders under the said Rule simultaneously with the order of the disciplinary authority and therefore the latter Division Bench has correctly interpreted the said Rule and held that the earlier decision is per incurium.