LAWS(BOM)-2012-5-93

PRABHAKAR H PARAB Vs. UNION OF INDIA

Decided On May 07, 2012
Prabhakar H Parab Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner prays that the Notification dated 12.11.2009 issued by the Respondent No.2 be declared as ultra vires and violative of Articles 14, 16 and 300A of the Constitution of India and Sections 9 and 30(2)(b) of the Railway Claims Tribunal Act, 1987 (for short hereinafter referred to as "RCT Act, 1987") r/w Rule 16 of the Railway Claims Tribunal (Salaries and Allowances and conditions of services of Chairman, ViceChairman and Members) Rules, 1989 (for short hereinafter referred to as "RCT Rules, 1989").

(2.) Since the Petitioner is a senior citizen and claiming pension, that we took this Writ Petition for peremptory hearing.

(3.) The Petitioner retired as Judicial Member of the Railway Claims Tribunal (for short hereinafter referred to as "said Tribunal"). He retired on 07.05.2008 after his completion of term. At the time of his retirement he was posted at Kolkata Bench of the Tribunal.