Rs.9300-34800 with Grade Pay of Rs.4200/-, with effect from 18.07.2009, as per the order, dated 22.07.2009, in the post of Senior Technician. On completion of 14 days, he retired on attaining superannuation on 31.07.2009. Settlement papers of the respondent therein, were sent to the Senior Accounts and Financial Adviser, vide letter, dated 30.06.2009. Taking note of the fact that the respondent therein had not completed a minimum of 21 days of officiating period in the higher post, on promotion on ad-hoc basis, the pay of the respondent in the lower grade post alone was taken into consideration, for settlement benefits. In support of the above, the Railway Board's letter, dated 16.09.1969, was applied. Consequently, the pay in favour of the respondent therein as Senior Technician vide memo, dated 22.07.2009, issued earlier was cancelled, and, accordingly, communicated to the respondent. The respondent therein has submitted a representation, seeking fixation of pay in the higher post and that the same was rejected. Being aggrieved by the same, he preferred O.A.No.307 of 2010, before the Central Administrative Tribunal, Madras Bench, and the same was allowed. Challenging the said order, the Union of India, represented by the General Manager, Southern Railway, Chennai, and Others have filed W.P.No.30441 of 2011. Going through the material on record and upon hearing the learned counsel for the petitioners therein, at paragraphs No.6, a Hon'ble Division Bench of this Court, vide order dated, 09.01.2012, held as follows :
