M. BAISHYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following order of the Court was delivered by Having worked in various capacity in Gun Carriage Factory, Jabalpur, petitioners, twenty seven in number, retired from service on attaining the age of superannuation. Much after their retirement they sought implementation of orders in Original Application No. 636/1997 and 140/1995 decided on 13.3.2002 affirmed with slight modification in W.P. No. 3587/2002 and W.P. No. 3655/2002 decided on 8.9.2005. Original Application No. 822/2006 preferred by the petitioners was disposed of on 23.11.2006 with a direction to the respondents herein to consider the representation.

(2.) THE respondents in pursuance to the directions considered the representation and by order dated 16.5.2007; their claim for benefit at par with the applicants in O.A. No. 636/1997 and 140/1995 was turned down. Aggrieved, Original Application No. 591/2007 was filed seeking quashment of the communication; whereby, their claim for fixation of pay was negatived and for direction to pay the arrears of pay from entitlement, i.e., the day the juniors were given the benefit. The Tribunal vide impugned order negatived the claim, which is the cause for present writ petition under Article 227 of the Constitution of India.

(3.) EMPLOYEES as well as the employer preferred Writ Petitions before this Court forming subject matter of W.P. No. 3587/2002 and W.P. No. 5427/2002. Said writ petitions came to be decided by order dated 8.9.2005 in the following terms: