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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
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