UNION OF INDIA Vs. REKHA DEVI

JUDGEMENT

(1.) Heard Mr. Kalyan Shankar, learned counsel appearing for the petitioner-Union of India through Railways and Mr. M. P. Dixit appearing on behalf of the respondent who was the applicant before the Central Administrative Tribunal.

(2.) Petitioners have challenged the order dated 09.09.2016 passed by the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 257 of 2012 by which the Tribunal held that the order of compulsory retirement could not be construed as an order of reversion to the post of O.S. Grade-I and has thus directed the petitioners to fix the pensionary benefit of the employee on the basis of his last pay drawn at the time of his compulsory retirement and pay the arrear within a period of four months from the date of receipt of the copy of the order.

(3.) The facts of the case is that the respondent was initially appointed in the Railways on 17.08.1974 on the post of O.S. Grade-II. Subsequently, he was granted promotion on the post of O.S. Grade-I in the pay scale of Rs. 6,500-10,500/- with effect from 15.01.2002. The respondent was again given promotion to the post of COS in the pay scale of Rs. 7450- 11500/- in pursuance to restructuring of cadre with effect from 01.11.2003 vide order dated 19.04.2004. A show cause notice dated 112.2005 as contained in Anenxure- P/2 having been issued for his reversion, the respondent preferred OA No. 314 of 2006 before the Central Administrative Tribunal, Patna wherein an order of status quo was passed on 16.05.2006, however, the OA was subsequently withdrawn. On similar charges for which the respondent was served a show cause notice for reversion, a major penalty charge-sheet was issued on 20.12.2006 which is Annexure-P/4. A detailed reply was filed but finding the show cause reply not satisfactory, the respondent was imposed punishment of compulsory retirement on 101.2011 with effect from 14.01.2011 which is AnnexureP/5.