SHARAFAT ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was initially appointed as Cleaner and was subsequently promoted as Fireman Grade -II in North -Western Railway at Jaipur Division on 9.03.1968. The petitioner fell ill on 21.04.1983 and remained under the treatment till 1.10.1985. On 26.10.1985 when the petitioner reported for duty, he was informed about the termination of his services in terms of Rule 14 (2) of the Railways Service (Discipline & Appeal), Rules, 1968 (for short 'the Rules of 1968'). The petitioner challenged the order of penalty of removal from service by way of Original Application No. 208 of 1989 before the Central Administrative Tribunal, at Jaipur Bench, Jaipur (for short 'the learned Tribunal'). The learned Tribunal allowed the said Original Application vide order dt. 21.06.1993 by setting aside the order of removal of the petitioner with all consequential benefits in accordance with law. The Railway Administration was at liberty to initiate fresh, disciplinary, proceedings against the petitioner, in accordance with law, if so advised. Thereafter, the, petitioner was placed under suspension and disciplinary proceedings were initiated again in consequence of the order dt. 21.06.1993. On conclusion of the disciplinary proceedings, the services of the petitioner were again terminated vide order dt 15.01.1996. On departmental appeal, the appellate authority vide order dt. 20.02.1998 substituted the penalty of removal from the service', to that of 'compulsory retirement' and made the same effective from 17.01.1996 and the period of deemed suspension i.e., from 01.10.1985 to 17.01.1996 has been treated as suspension and has also been treated as 'qualifying period' of service for the purpose of 'pension'.

(2.) SINCE the pension of the petitioner -was not fixed extending the benefit of 5th Pay Commission and other pensionary benefits, he approached the departmental authorities to settle his grievance and being unsuccessful preferred yet another Original Application before the learned Tribunal, which was decided by the Tribunal vide order dt. 21.01.2009 whereby the learned Tribunal disposed of the said Original Application of the petitioner directing the Railway Administration to decide the representation of the petitioner on the following issues: - -

(3.) THE petitioner aggrieved by the order dt 30.04.2009 again approached the learned Tribunal by way of Original Application No. 349/2009, which has been dismissed by the learned Tribunal vide order dt. 21.04.2011, which is impugned in the present writ petition.