D.B. Civil Writ Petition Nos. 81 and 183/1999. Case: Prabhu Dayal Vs Central Administrative Tribunal and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Writ Petition Nos. 81 and 183/1999 |
| Judges | P.B. Majmudar and D.N. Thanvi, JJ. |
| Issue | Service Law |
| Citation | 2008 (2) WLN 256 |
| Judgement Date | September 25, 2007 |
| Court | Rajasthan High Court |
Judgment:
Deo Narayan Thanvi, J.
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. The facts giving rise to these petitioners are that the petitioners were dismissed from the Railway services under Rule 14(2) of the Railway (Disciplinary and Appeal) Rules, 1968 for having participated in the Loco Staff Strike of 1981. Later on, the petitioners were reinstated in services in view of the judgment dt. 05.08.1993 delivered by the Hon''ble Supreme Court in the case Union of India and Ors. v. R. Radappa and Anr. Civil Appeal No. of 4681/4682 of 1992. The relevant extract of judgment dt. 05.08.1993 reads as under:
(1) Employees who are dismissed under Rule 14(2) for having participated in the Loco Staff Strike of 1981 shall be restored to their respective post within a period of three months from today (05.08.1993)
(ii)(a) Since more than three years have elapsed from the date the orders were found to be bad on merits by one of the Tribunals, it is just and fair to direct the appellant to pay the employees compensation equivalent to three years salary inclusive of dearness allowance calculated on the scales of pay prevalent in the year, the judgment was delivered i.e. in 1990.
(b) This benefit shall be available even to those employees who have retired from service. In those cases, where the employees are dead, the compensation shall be paid to their dependents. The compensation shall be calculated on the scale prevalent three years immediately before the date of retirement or death.
(iii) Although the employees shall not be entitled to any promotional benefit they shall be given "Notional Continuity" for the purpose of calculation of pensionary benefits. This benefit shall be available to the retired employees as well as those who are dead by calculating the period till the date of retirement or death.
4. 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...
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