LAWS(P&H)-2019-3-582

UNION OF INDIA Vs. PREM NATH AND ORS.

Decided On March 29, 2019
UNION OF INDIA Appellant
V/S
Prem Nath And Ors. Respondents

JUDGEMENT

(1.) Union of India has impugned the order dtd. 25/3/2015 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short, 'The Tribunal'), vide which, the present petitioner was directed to recompute the pension payable to the applicant and release the arrears due to him on this account. However, arrears are to be restricted to the period of three years preceding the date of filing of O.A. i.e. 24/11/2013.

(2.) The facts of the case are that the applicants-respondent Prem Nath was working as Mistry in the pay scale of Rs.1400.002300 and retired from the service on 1/7/1994 on attaining the age of superannuation. The pay scale of Mistry was later on revised at Rs.4500.007000 and subsequently to Rs.5000.008000. In the Northern Railways, the post of Mistrys were redesignated as Technical Supervisor and later on as Junior Engineer Grade- II. Applicant claimed that at the time of retirement, he was enjoying the same pay scale as given to his counterpart working as Chargeman and Artisan/Master Craftsman. The post of Chargeman was also redesignated as Technical Supervisor and later on Junior Engineer Grade-II. Therefore, he claimed that revised PPO be issued The Tribunal vide the impugned order took the view that the matter has already been settled in the decision of Tilak Raj and others v. Union of India and others, O.A. No.1376/PB/2012 decided on 20/10/2013 by the Tribunal, which was upheld by the High Court in CWP No.2105 of 2014, vide judgment dtd. 29/1/2015. Therefore, impugned order was passed.

(3.) We have heard learned counsel for the parties and have also carefully gone through the file.