GURCHARAN SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated June 04, 2002 (Annexure P-12) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby Original Application No. 975-CH/2004 filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act), was dismissed and the order dated July 26, 2002 (Annexure P-13) passed by the Tribunal dismissing the Review Application No. 93 of 2002 which was filed by the petitioner to review the order dated June 04, 2002 (Annexure P-12). He has also prayed for issuance of a writ in the nature of certiorari to quash the order dated October 31, 2000 (Annexures P-11) passed by the Director of Transport, Union Territory, Chandigarh, whereby pay of the petitioner was re- fixed in pursuance of the letter dated August 14, 2000 (Annexure P-10). Further, a payer has been made for issuance of a writ in the nature of mandamus directing the respondents to release arrears of pay and allowances to the petitioner from April 15, 1990 to August, 1992 on the basis of the order dated September 02, 1992 (Annexure P-3) whereby pay of the petitioner was refixed in the revised pay scale of Rs. 950-25-1200-30-1560-40-1800 with initial start of Rs. 1,000/- and increments equivalent to the number of years of service rendered by him in the Army were granted. It is also prayed that the respondents be restrained from making any deduction on the basis of the impugned orders.

(2.) Facts of the case are that the petitioner had rendered service in the Indian Army as a Combatant Clerk from January 13, 1958 to January 31, 1990. He was discharged from the Army before attaining the age of superannuation. Thereafter, he was appointed as a Clerk in the Chandigarh Transport Undertaking (hereinafter referred to as 'C.T.U) on April 15, 1990, against a post reserved for Ex-serviceman. According, to the petitioner, his pay was rightly fixed vide order dated September 02, 1992 (Annexure P-3) granting him the increments equivalent to the number of years of service rendered by him in the Army and he continued drawing this pay upto October 31, 1997, i.e the date when he retired from service in the C.T.U. on attaining the age of superannuation. However, he was not paid the arrears of pay with effect from April 15, 1990 i.e. when he joined the C.T.U. till August, 1992 after his pay was fixed vide order dated September 02, 1992 (Annexure P-3). The petitioner made representations dated September 23, 1997, October 23, 1997, November 24, 1997, November 28, 1997, December 05, 1997, December 23, 1997, February 02, 1998 and April. 15, 1998 and served legal notice dated May 15, 1998 in this regard but to no effect. He then approached the Tribunal by way of filing Original Application under Section 19 of the Act, which, as stated above, was dismissed. Review Application was also dismissed by the Tribunal.

(3.) This, writ petition was admitted for hearing on May 08, 2003 and it was directed that the official respondents shall not make recovery from the retiral benefits payable to the petitioner.