Calcutta High Court (Appellete Side)
Union Of India & Ors vs Kamdeo Mondal & Ors on 29 January, 2015
Author: Sudip Ahluwalia
Bench: Sudip Ahluwalia
1
29.01.15
7/akd
W.P.C.T. 6 of 2015
Union of India & Ors.
-Vs-
Kamdeo Mondal & Ors.
..................................................................
Mr. Anirban Dutta ... ... for the petitioners Mr. Ashok Chakraborty, Mr. Pratik Bhowmick ... ... for the respondents The petitioners herein have filed this writ petition assailing the judgment and order dated 3rd September, 2014 passed by the Central Administrative Tribunal, Calcutta Bench in O.A. 382 of 2014 whereby the said learned Tribunal allowed the aforesaid application on merits.
In the aforesaid decision, learned Tribunal specifically held that the applicants herein shall be entitled to count the entire period they served in temporary status prior to the regularisation for the purpose of enjoying pensionary benefits.
While coming to the aforesaid conclusion, learned Tribunal followed the decision of the Hon'ble Supreme Court in the case of Union of India & Ors. vs. Sarju. The relevant extracts from the aforesaid judgment of the Hon'ble Supreme Court have also been quoted by the learned Tribunal in the impugned judgment.
2Having heard the learned Advocate of both the parties and on examination of the impugned judgment passed by the learned Tribunal, we are of the opinion that the learned Tribunal has correctly decided the issues raised before it in the light of the decision of the Hon'ble Supreme Court in the case of Union of India & Ors. vs. Sarju (Supra).
Accordingly, we affirm the decision of the learned Tribunal and dismiss this writ petition as we do not find any merit in the same.
In the facts of the present case, there will be no order as to costs.
Let urgent xerox certified copy of this order, if applied for, be given to the learned Advocate of the parties on usual undertaking.
(Pranab Kumar Chattopadhyay, J.) (Sudip Ahluwalia, J.)