UNION OF INDIA Vs. JAYBIR YADAV

JUDGEMENT

(1.) THIS is an appeal by Union of India in its Railways Department against the order of the Central Administrative Tribunal, Patna Bench, Patna dated 20.4.2006.

(2.) THE respondent had lodged a simple claim before the Tribunal that he had superannuated on 31.5.2003 and at the time of retirement he was drawing basic salary of -Rs. 9100+DA in the scale of Rs. 6,500 -10,500/ -, but his retirement benefits had not been calculated on such last drawn emoluments which he was drawing immediately before his retirement but his retirement benefits have been calculated by taking his basic pay at Rs. 8,700/ -oniy. The other claims were about incidental benefits regarding payment of TA, DA, OT and such other allowances which have been waived and they had otherwise no bearing on the question of computing his retiral benefits. It is not in dispute that the retiral benefits are to be computed on the basis of the last emoluments. It was stated that by way of punishment on account of unauthorized absence of the respondent -applicant, the pay was reduced from Rs. 8,900 to Rs. 8,700/ -. The respondent - applicant has stated in his petition and rejoinder that there has been no charge -sheet or departmental enquiry against him nor any punishment was awarded to him until he superannuated or thereafter. He had produced the pay slip of April, 2003, that is to say, his last drawn pay, according to which he had been paid emoluments at the rate of Rs. 9100+DA. Against this material, no material was produced by the Railways to sustain their plea about the last drawn pay of the respondent -applicant. No document was produced about the so -called enquiry in which punishment was imposed.

(3.) AS a matter of fact, if the respondent -applicant 'slast drawn pay at the time of retirement was Rs. 9,100/ -basic+DA, even in a departmental enquiry to be conducted after retirement it could only have resulted, at best, in adjustment in pension but not reduction of pay with retrospective effect after he had retired.