UNION OF INDIA Vs. SHANKER GANDAIAH

JUDGEMENT

(1.) This writ petition is filed challenging the judgment dated 7-5-1997 parsed by the Central Administrative Tribunal, Hyderabad in O.A.No. 1365/1994. By the impugned judgment, the Tribunal directed the petitioners herein to consider the case of the respondent-applicant in accordance with the directions issued by the Hon'ble Supreme Court of India in the case of Union of India v. R. Reddappa (Civil Appeal Nos. 4081/1992 dated 5-8-1993) and accordingly regularize his service and sanction pensionary benefits, within a period of four months from the date of receipt of copy of that order. Aggrieved by the said direction, the Union of India, filed this writ petition.

(2.) The brief facts of the case are as follows: The respondent herein who is the applicant before the Tribunal, while working as Driver in South Central Railway participated in a strike during the year 1981. Therefore, he was removed from service with effect from 13-2-1981 on the ground of unauthorized absence and on some other irregularities. The said dismissal was without holding any inquiry as per Rule 9 of Railway servants (D and A) Rules, 1968. Challenging the said dismissal, the respondent preferred an appeal before the appellate authority and the same also ended in dismissal. Aggrieved by the same, the respondent preferred a writ petition before this Court in W.P.No.906/1982 and this Court disposed of the writ petition by order dated 17-9-1985 remitting the matter back to the appellate authority for reconsideration of the appeal after giving personal hearing. Accordingly the appellate authority reconsidered, but however again passed the order of dismissal. Challenging the same, the respondent preferred O.A.No.312/1988 before the Tribunal. The Tribunal disposed of the O.A. by modifying the punishment from that of dismissal to compulsory retirement with effect from 13-2-1981, but granted all the pensionary benefits from 13-2-1989. In accordance with the directions of the Tribunal, the respondent retired from service with effect from 13-2-1981 and pensionary benefits were granted with effect from 13-2-1989. Aggrieved by the direction of the Tribunal, the Union of India, i.e., the petitioner herein preferred a Special Leave Petition No. 11395/1989 before the Hon'ble Supreme Court and the same ended in dismissal, by order dated 14-9-1989.

(3.) Subsequently it appears that some other employees, with similar grievance approached the Supreme Court in Civil Appeal No. 4081/1992 and batch and the Hon'ble Supreme Court by order dated 5-8-1993 disposed of the batch with certain directions, which are extracted as under: