UNION OF INDIA Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This Review Application has been filed against the order dated 16.04.2012 in W.P.No.13900 of 2011 after withdrawing the Special Leave Petition with liberty to file the Review Application stating that the merger of the posts of Head Ticket Examiner and Deputy Chief Ticket Inspector with effect from 01.01.2006 was not placed before this Court.

(2.) It is claimed by the petitioners that the posts of Head Ticket Examiner and Deputy Chief Ticket Inspector got merged with effect from 01.06.2006 retrospectively by the VI Pay Commission on 04.09.2008, and therefore, the second respondent is not entitled to promotion as Deputy Chief Ticket Inspector as his penalty expired only on 22.09.2008. Initially, the Writ Petition was filed challenging the order of the Tribunal in O.A.No.470 of 2009 dated 20.08.2010 and the order in Review Application No.37 of 2010 dated 18.01.2011. The Writ Petition was dismissed on 16.04.2012.

(3.) The learned counsel for the petitioners urged that this Honble Court had earlier failed to consider the various contentions raised and that the order passed by the Tribunal is against the Railway Services (Revised Pay) Rules, 2008 which came into effect from 01.01.2006. The learned counsel reiterating his contentions in the writ petition argued that after the expiry of the penalty, the second respondents pay has been fixed based on the VI Pay Commission Rules on par with his junior. The learned counsel further contended that by the time, the penalty had expired, the VI Pay Commission had come into force and hence prayed for setting aside the orders of the Tribunal Below.