Court No. - 58
Case :- WRIT - A No. - 15599 of 2018 Petitioner :- Diwakar Dhar Dwivedi Respondent :- Union Of India And 4 Othrs Counsel for Petitioner :- Niraj Kumar Dwivedi Counsel for Respondent :- A.S.G.I.,Vikash Chandra Tripathi
Hon'ble Ashwani Kumar Mishra,J.
It appears that pursuant to a direction issued by this Court on 29.7.2015 in Writ Petition No. 69631 of 2006, arising out an order passed by the Tribunal, following directions were issued:-
"In view of the stand so taken, we dispose of both the writ petitions by providing that the railways shall carry out the directions issued by the Central Administrative Tribunal under order dated 29.8.2006 preferably within three months from today subject to the clarification that the interse seniority of persons, who were inducted in PCO like the original applicants from the Shop Floor shall be as was existing in the Shop Floor on the date of their induction in PCO. All consequential action shall be taken accordingly. The order of the Tribunal stand modified accordingly".
A consequential order has been passed, which is contained in Annexure - 4 to the writ petition, as per which certain benefits have been calculated and paid to the petitioner's father. Grievance of the petitioner is that in the order passed by the authorities, the date of superannuation of petitioner's father was mentioned as 25.1.1994, whereas petitioner's father had retired on 31.1.1993. Submission is that the mistake has been highlighted before the authority concerned but neither his grievance has been considered nor the order has been modified. It is also submitted that the amount payable consequent upon such correction in the order has also not been released.
Sri V.C. Tripathi, learned counsel appearing for the respondents submits that such issues ought to be raised before the Tribunal. However, considering the fact that the petitioner's father has already died and this petition is with regard to correct determination of retiral dues the grievance is entertained.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of, permitting the petitioner to approach the respondent no.3 alongwith certified copy of this order within a period of two weeks from today, annexing therewith all materials in support of claim of his claim. In case such a claim is raised, the authority concerned shall pass an appropriate order, keeping in view the directions of this Court on 29.7.2015 in Writ Petition No. 69631 of 2006 (Union of India and others Vs. Vishwanath Mishra and others) within a further period of three months thereafter. In case it is found that the petitioner is entitled to any further monetary benefit, the same shall be paid to him, without any unnecessary further delay.
Order Date :- 26.7.2018 n.u.