UNION OF INDIA Vs. S.P. BHATTACHARYA

JUDGEMENT

(1.) Heard Sri M. Srinivas, learned standing counsel for the Central Government and Sri J.M. Naidu, learned counsel for the respondent No.1.

(2.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners-Union of India and its authority challenging the order dtd. 28/12/2010, passed by the Central Administrative Tribunal (for short, "the CAT") in Original Application No.594 of 2010, by which the O.A of the 1st respondent herein S.P. Bhattacharya was allowed to the extent indicated in the order to which reference will be made shortly.

(3.) The 1st respondent was initially appointed as T.C. Fitter on 16/9/1969 in Railway Electrification Project. He was granted temporary status w.e.f 1/1/1984 as Cable Jointer in RE organization. His pay was revised on proforma basis vide proceedings dtd. 1/11/2005 (A-VI). The applicant was absorbed to the post of Rest House Watchman on 4/9/2002 and retired from service on 30/11/2005. On his retirement he was given service certificate stating that he has completed 21 years and 11 months i.e., taken as 22 years service. The applicant came to know that the period from 1/3/1997 to 3/9/2002 has been excluded from his service as he was sick and the period has been taken on leave without pay. A representation was submitted to the authority concerned through General Secretary, NFRC, dtd. 6/8/2008 for counting of 50% casual labour service after attaining temporary status for pensionary benefits, which was rejected by DRM/P/BZA vide its letter dtd. 12/8/2008.