ALOK ACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. M. Chanda, learned counsel for the petitioners as well as Mr. S.C. Shyam, learned Central Govt. Counsel.

(2.) THE petitioners are aggrieved by denial of arrears on account of pay fixation as per the judgment and order dated 5.12.2007 passed by the Central Administrative Tribunal, Gauhati Bench, Guwahati in Original Application No.323/2006. THE said application was filed by the petitioners, who are the Draughtsman in the Assam Rifles claiming parity in pay scale at par with their colleagues as well as the Draughtsman of the Central Public Works Department. In fact, there was no requirement of the petitioners to approach the Tribunal with the said prayer inasmuch as the issue was settled by the Tribunal by its earlier order dated 8.10.2001 passed in another original application being O.A. No.10/2001.

(3.) IN view of the above and following the principles laid down by the Apex Court in K.T. Veerappa and Ors. v. State of Karnataka and Ors. reported in (2006) 9 SCC 406, this writ petition is allowed by setting aside and quashing that part of the earlier judgment and order dated 5.12.2007 in O.A. No.323/2006, by which the petitioners have been denied arrear benefits.