CHHEETAYKHAN TUNDAYKHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard learned counsel Mr Y V Shah for the petitioner and learned counsel Mr N S Shevde for the respondents. Being aggrieved by the order dated 12.10.2004 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in O.A No.474 of 2003 with M.A No.454 of 2004 including reversion order dated 8.10.2003 issued by the respondents on the same day of accepting of voluntary retirement request w.e.f. 8.10.2003 by which pay scale of the petitioner as Inspector of Works (hereinafter referred to as IOW) Grade I has been reduced to IOW Grade III adversely affecting the retiral benefits of Gratuity, leave salary etc., the present petition has been preferred by the petitioner.

(2.) WE have perused the order dated 12.10.2004 passed by the Central Administrative Tribunal (for short, "the Tribunal") in OA No. 474 of 2003 with MA No.454 of 2004. So far as paragraphs No.3 to 10 of the said order are concerned, on a query put to the learned counsel for the parties, they have admitted that the said paragraphs covered number of litigations filed between the parties i.e. the petitioner and the respondents in the past and regarding description of the same, there is not much dispute between them as the Tribunal has given detailed facts and reasons relating to earlier litigations. With a view not to burden the records and proceedings, we do not think it is necessary to reproduce the said paragraphs detailed and discussed by the Tribunal.

(3.) THE question to be decided in this Special Civil Application No.14573 of 2004 is whether the impugned reversion order dated 8.10.2003 from the higher post of IOW Gade I (ad -hoc) to the lower post of IOW Grade III (ad -hoc) on the ground of non passing selection post of IOW Grade III in another department in open line when the voluntary retirement of the petitioner is accepted on the same day is valid or not.