UNION OF INDIA Vs. MRINAL KANTI SAMADDAR

JUDGEMENT

(1.) MRINAL Kanti Samaddar, the respondent above named, was working as Law Assistant in Chittaranjan Locomotive Works. He was appointed as such on December 1, 1986. He was promoted as Assistant Law Officer on February 22, 1992 and, subsequently, as Law Officer with effect from June 19, 2000.

(2.) HE started drawing the scale of Law Officer since his promotion to the said post. HE continued to enjoy such scale up to July 1, 2002 when the Railway recalled the benefit on the ground that his original upgradation in the post of Law Officer was irregular since he did not spend eight years non-fortuitous service in the Fidder post. Such benefit was restored to him with effect from May 1, 2004 after completion of eight years period. The Railway initiated a recovery proceeding for the overdrawn pay for three years from 2000 to 2003. Such action of the Railway became subject matter of challenge in a Tribunal application filed by Mrinal being O.A. No.946 of 2006. The Tribunal disposed of the same vide judgment and order dated August 9, 2007 inter alia allowing the application. The Tribunal set aside the order impugned dated January 12/20, 2005 and the communications dated September 21, 2005 and October 23, 2006. The Tribunal directed to re-fix his seniority with effect from February 20, 1992 and give all consequential benefit therefor.

(3.) TO support his contention, he cited the decisions of the Apex Court in the case of Sanjay Kumar Sinha-II and Others VS- State of Bihar and Others reported in 2004 Volume-X Supreme Court Cases Page-734 and 2000 Volume-VIII Supreme Court Cases Page-4 (State of Haryana VS- Haryana Veterinary and Ahts Association and Another). On the issue of right to challenge the action of the Railway while correcting any mistake Mr. Chakraborty cited the Division Bench decision of this Court in the case of Pradip Biswas VS- Union of India and Ors. reported in 2010 Volume-II Calcutta Law Journal (Calcutta) Page-806.