The Court quashed the Central Administrative Tribunal's order imposing costs against the Railways for admitting an error in seniority determination and directed revision of retirement benefits.
The order imposing cost is set aside; petitioners directed to compute retirement benefits within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16612 of 2014
=========================================================== 1. The Union of India through the General Manager, East Central Railway, Hajipur 2. The General Manager (Signal & Telecommunication), East Central Railway, Hajipur 3. The General Manager ( Project & Planning), East Central Railway, Hajipur 4. The Divisional Railway Manager, E.C. Railway, Sonpur 5. The Divisional Railway Manager (Signal & Telecommunication), E.C. Railway, Sonpur 6. The Divisional Railway Manager (Personnel), E.C. Railway, Sonpur .... .... Petitioner/s Versus 1. Sureshwar Prasad Singh, Son of Sri Yadubansi Singh, resident of Village - Matihan, P.S. Dighwara, District - Chapra 2. Jai Ram Singh, son of Sri Radhika Singh, resident of Akilpur, P.S. Sonpur, Chapra .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Ravi, Advocate. For the Respondent/s :
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 10-08-2016
Heard learned counsel for the parties.
order dated 30th of October, 2013 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short “the Tribunal”) in O.A. No. 569 of 2004, whereby an Original Application filed by the respondents (hereinafter referred to as “the applicants”) was allowed imposing a cost of Rs. 1,00,000/- upon the petitioners herein i.e. Rs. 50,000/- to each of the two applicants.
Patna High Court CWJC No.16612 of 2014 dt.10-08-2016
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seniority position in an Original Application filed before the Tribunal. Admittedly, the petitioners herein admitted their error in seniority determination. Thus, the Tribunal directed the petitioners herein to correct the seniority of the applicants and for appropriate revision in the pensionary and post retiral benefits. Since the applicants could not work on the higher post, the arrears of salary were not granted.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P. N.A.F.R.
U
2 issues framed by the court
Whether the imposition of costs by the Central Administrative Tribunal against the Railways admitted to an error in seniority determination is sustainable.
Whether the petitioners are directed to compute the retirement benefits of the applicants in the revised pay-scale.
Union of India
Sureshwar Prasad Singh
Jai Ram Singh
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
