THE UNION OF INDIA THROUGH GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR (VAISHALI) Vs. SHIV NATH JHA, S/O LATE SUBODH NARAYAN JHA, RESIDENT OF VILLAGE + P.O

JUDGEMENT

(1.) This writ petition is by the Railways being aggrieved by the order of the Central Administrative Tribunal, Patna Bench, Patna dated 28.06.2011, passed in O.A. No. 212 of 2010 whereby the application of the contesting respondent for being granted the benefits of the old pension scheme was allowed.

(2.) We have heard Sri D.K. Sinha learned Senior Counsel in support of the writ petition on behalf of the Railways.

(3.) The facts are noted in the order of the Tribunal. They are not disputed. It appears that the contesting respondent was initially engaged as casual labourer on 20.01.1981 and was granted temporary status with effect from 01.04.1983. He was, subsequently, promoted to Clerk on ad hoc basis on 01.12.1987 but was then reverted to the temporary status. Later on he was dismissed with effect from 30.06.1993. The matter came to the Tribunal at that instance and the Tribunal directed that though there may have been some illegality in his promotion, his initial recruitment granting him temporary status with effect from 1983 was not in dispute. It was correct. Tribunal, accordingly, directed the contesting respondent to be reinstated in the same position. It is pursuant to this recruitment that he was regularized with effect 05.08.2005. It is with effect from 01.01.2004 that the new pension scheme came into play.