UNION OF INDIA THROUGH GENERAL MANAGER, NORTHERN RAILWAY AND OTHERS Vs. KAUSHALYA NANDAN SHARAN VERMA AND ANOTHER

JUDGEMENT

(1.) Heard Shri Chandra Shekhar Singh, learned counsel for petitioners and Shri Ravi Nath Tilhari, learned counsel for respondent.

(2.) This writ petition under Article 226 of Constitution has been filed by Union of India through General Manager, Northern Railway and other authorities of Railways assailing judgment and order dated 11.03.2016 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow (herein referred to as, 'Tribunal') in Original Application (hereinafter referred to as 'OA') No. 438 of 2012. Tribunal has disposed of OA holding that applicant-respondent (Kaushalya Nandan Sharan Verma) (hereinafter referred to as, 'applicant') is entitled to following reliefs:

(3.) There was dispute of date of birth of applicant. Tribunal has recorded a finding that date of birth of applicant is 01.02.1950. Applicant has not challenged judgment of Tribunal to the extent date of birth has been held as 01.02.1950 instead of 01.02.1952 as claimed by applicant, hence to this extent judgment of Tribunal is confirmed. Now we shall proceed to decide the matter treating correct date of birth of applicant as 01.02.1950. It is also not in dispute that applicant was allowed to work by petitioners till 31.01.2012 and during this period, for the work discharged, he was also paid emoluments as due. Later on, petitioners taking date of birth of applicant as 01.02.1950, observed that his date of retirement would have been 31.01.2010, passed an order on 10.05.2012 stating that Rs. 12,64,300/- is recoverable from applicant being amount of salary paid due to overstay in service after 31.01.2010 till 31.01.2012 and also issued a fresh pension payment order.