JAYENDRABHAI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE instant O.A. is filed by the applicant with a prayer to quash the order bearing No. HRM -III/32(1)10 Misc./56(J)/Vol. II/15927 dated 03 -12 -2013 vide Annexure A/1 and for a direction to the respondents to grant the consequential benefits on his retirement along with 12% interest per annum from the date he retired from service i.e. on 31 -8 -2010.

(2.) THE impugned order dated 03 -12 -2013 vide Annexure A/1 came to be passed by the respondents in obedience of the directions of this Tribunal dated 16 -2 -2010 in O.A. No. 25/2009.

(3.) RESPONDENTS argued that there is no disobedience, much less willful disobedience on their part in complying with the directions of the Tribunal and resisted his claim for pay and allowances. It was submitted by them that they have paid retiral benefits to the applicant as admissible under the rules. It was argued by the respondents that the effect of the order of the Tribunal dated 16 -2 -2010 in the said O.A. No. 25/2009 was against the order of compulsory retirement dated 24 -11 -2003 which was set aside by the Tribunal and while setting aside the same the Tribunal has not stated anything about the status of suspension. The respondents have taken a specific contention that the applicant was entitled only for subsistence allowance till the date of his deemed retirement i.e. on 31 -8 -2010 which has already been paid to him along with relevant provisional pension.