UNION OF INDIA Vs. DURJAN MEHTO

JUDGEMENT

(1.) The Union of India has challenged the impugned order dated 13.02.2017 passed by the Central Administrative Tribunal (hereinafter called as the "CAT") whereby the OA preferred by respondent No.1- applicant claiming release of Death-cum-Retirement Gratuity (DCRG) and retiral benefits as well as interest thereon has been allowed by directing the petitioners to release the retiral benefits from the date when the respondent No.1-applicant retired from service i.e. 31.07.2014 along with interest @7% on delayed payment from 01.11.2014 (after expiry of three months period) till its actual payment.

(2.) Mr. Sanjiv Ghai, learned counsel appearing on behalf of the petitioners submitted that respondent No.1-applicant was initially appointed as AC Khalasi in Firozepur Division of Northern Railways in the year 1976 and was promoted from time to time. The Scheduled Tribe (ST) Certificate issued in favour of respondent No.1-applicant was subjected to vigilance enquiry by the CBI on the premise that the same was a fake certificate.

(3.) On 31.01.2002, while working as AC Mechanic Grade-I respondent No.1-applicant was removed from service. The aforesaid order was impugned by him in OA bearing No.823/2003 before the principal Bench of Central Administrative Tribunal at New Delhi. Vide order dated 07.07.2004, the aforementioned OA was allowed and he was reinstated into service and all consequential benefits were also granted, in essence, his pay was fixed in the grade of L 4500-7000 w.e.f. 4.2.2002 as per letter dated 29.03.2007.