PRABHU DAYAL Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND ORS.

JUDGEMENT

(1.) THE petitioners have filed aforesaid two writ petitions against the judgment date 07.12.1998 passed by the Central Administrative Tribunal, Jodhpur Bench Jodhpur whereby the applications filed by them under Section 19 of the Central Administrative Tribunal Act, 1985 were dismissed being devoid of any merit and also barred by law of limitation.

(2.) SINCE the facts and law involved in both these petitions are similar, therefore, the same are being disposed of by this common judgment.

(3.) IN pursuance of judgment of the Hon 'ble Supreme Court dt. 05.08.1993, the respondents fixed the pay of the petitioners allowing all increments that fell due during the period between their dismissal from service and reinstatement. So far as petitioner Shyam Lal is concerned, he was reinstated in service while so far as petitioner Prabhu Dayal is concerned, he was paid his retiral dues. Accordingly arrears of pay and allowance were paid to the petitioners. In respect of petitioner Prabhu Dayal, pensionary benefits were also calculated and paid to him. Subsequently, the respondents on a clarification received from the Railway Board, refixed the pay of the petitioners without allowing increments for the period from the date of their dismissal and reinstatement/retirement and accordingly amount of Rs. 64,201.90/ - and Rs. 97,829/ - was worked out respectively as over payment made to the petitioners. The petitioners submitted number of representations, but to no avail. Hence, they filed original applications before the Tribunal.