Gujarat High Court High Court

==========================================Appearance vs Mr Cp Jadhav For The on 18 September, 2008

Gujarat High Court
==========================================Appearance vs Mr Cp Jadhav For The on 18 September, 2008
Author: Bhagwati Prasad,&Nbsp;Honourable D.H.Waghela,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	


 


	 

SCA/6673/2008	 2/ 2	ORDER 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 6673 of 2008
 

 


 

==========================================
 

UNION
OF INDIA THRO' GENERAL MANAGER AND ANOTHER 

 

Versus
 

R
N SINGH AND OTHERS 

 

==========================================Appearance
: 
MR RAVI
KARNAVAT for Petitioners 
MR CP JADHAV for the
Respondents 
==========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BHAGWATI PRASAD
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE D.H.WAGHELA
		
	

 

 
 


 

Date
: 18/09/2008 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)

1. RULE.

Mr. C.P. Jadav, learned counsel, appearing for the respondents,
waives service of Rule.

2. The
petitioners- Union of India and Chief Signal Telecom Engineer,
Western Railway, have called into question the decision dated
6.3.2007 of the Central Administrative Tribunal, Ahmedabad in
Original Application No.496 of 2005, whereby five applicants,
respondents herein, have been declared to be entitled to arrears of
salary from the date of notional promotion to the date of retirement
and re-computation of their terminal benefits like pension,
commutation of pension, gratuity, leave encashment on the basis of
revised fixation of pay.

3. It
was vehemently argued by learned counsel Mr. Ravi Karnavat,
appearing for the petitioners, and fairly conceded on behalf of the
respondents that the date of notional promotion having preceded the
date of retirement, the respondents may not be held entitled to
difference of wages on account of retrospective re-fixation of pay.
However, while promotion was due, the respondents were entitled to
have terminal benefits computed on the basis of re-fixation of pay
on the promotional post for appropriate retirement benefits.
Accordingly, the direction contained in the impugned decision to the
effect that, ‘the respondents will be entitled to arrears of salary
from the date of notional promotion to the date of retirement’ is
quashed without disturbing remaining part of the decision and the
impugned order.

4. The
petition is accordingly partly allowed with no order as to cost. Rule
is made absolute to the aforesaid extent.

(BHAGWATI
PRASAD, J.)

(D.H.WAGHELA,
J.)

omkar

   

Top