UNION OF INDIA Vs. PREMA DHAMA

JUDGEMENT

(1.) In Special Civil Application No. 8530 of 1998, nobody appears on behalf of the respondent, though Notice was issued earlier and the respondent was served. In view of the fact, however, that we are not disturbing the order passed by the Central Administrative Tribunal, Ahmedabad Bench (`Tribunal'), it is not necessary now to keep the matter pending particularly when in a cognate matter, parties have appeared. Hence, we have proceeded to deal with both the matters on merits.

(2.) In Special Civil Application No. 842 of 1999, we have issued Rule. Mr Rana appears on behalf of the respondent and waives service of Rule. In the facts and circumstances of the case, we have taken up both petitions for final hearing.

(3.) In both the petitions, the orders passed by the Tribunal are challenged. Common question of law arises, as to whether- employees who have been retained in service after they reached the age of superannuation can be asked to refund the amount of salary which they have received, for the period they have worked and they have been paid by the railway administration.