SUKRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated & Kishore K. Mandal, J 14.7.2005 (Annexure-1), passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 494 of 2004 (Sukra versus Union of India & Ors), whereby the original application preferred by the present petitioner has been rejected, and the amount paid to him by way of salary and emoluments beyondhis age of superannuation has been directed to berefunded/adjusted against his post-retiral benefits.

(2.) WE have perused the materials on record andconsidered the submissions of learned counsel for the parties..The petitioner had joined the railway service on 20.11.1964. Hereached the age of superannuation on 31.12.1997,notwithstanding which he continued to function and drawsalary. The respondent authorities served letter dated30.3.2000 (Annexure-2), on the petitioner informing him that heought to have superannuated w.e.f. 31.12.1997, and yet hehad continued in service. He was, therefore, directed to handover charge forthwith. The petitioner challenged the same bypreferring O.A. No. 520 of 2002, which was disposed of by theCentral Administrative Tribunal, Patna Bench, whereby he waspermitted to submit appropriate representation before theauthorities. The same has been rejected by the order dated8.10.2002 (Annexure-3), and it has been directed that thepetitioner shall refund a sum of Rs. 1,55,478/-, being the salaryand emoluments drawn by him beyond the age ofsuperannuation. The learned Tribunal has held that thepetitioner was responsible for his over-stay as a governmentservant beyond the age of superannuation.