CHAIRMAN RAILWAY BOARD Vs. P CHANDRASEKARAN

JUDGEMENT

(1.) THE present writ petition has been filed by the Chairman, Railway Board, Government of India challenging the order passed by the Central Administrative Tribunal in O. A. No. 902 of 2002 whereunder the Tribunal has allowed the Original Application filed by the present Respondent No. 1.

(2.) THE relief sought for in the said Original Application was for pay protection, i. e. , refixation of basic as Rs. 128/- in time scale of Rs. 110-180 with effect from December, 1964 and allied pensionary benefits.

(3.) THE facts relating to the present writ petition, which is filed against the order passed in the said Original Application, are as follows:-The applicant before the Central Administrative Tribunal, hereinafter referred to as "the employee" for convenience, was working as a Lower Division Clerk in the Ministry of Health, Government of India in the pay scale of Rs. 110 180. In December, 1964, on being selected by the Railway Service Commission, such employee was appointed as a clerk in Grade-II in Integral Coach Factory in the pay scale of Rs. 110-180. By the time of leaving the former service, he was drawing basic pay of Rs. 128/ -. Such employee retired with effect from 31. 7. 1996. In the Original Application it was stated by the employee that he had made repeated representations for protection of pay, but they were not considered by the Department. The grievance raised by him before the Labour Court of Central Government was also dismissed. Subsequently, the employee had moved the Pension Adalath in the year 2001, but the Pension Adalath also gave a reply in negative. In the Original Application it was indicated that he had made several representations between 1965 and 1996, but no proper reply had been given. On the basis of the aforesaid allegations, the Original Application was filed before the Central Administrative Tribunal on 9. 9. 2002.