Central Administrative Tribunal - Ernakulam
D.Sundararajan vs Union Of India Represented By The ... on 19 September, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 206 OF 2012
Wednesday, this the 19th day of September, 2012
CORAM:
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
D.Sundararajan
Senior Technician
Signal and Telecommunications Department
anguneri Railway Station and Post Nanguneri
Residing at Railway Quarters No.2A, Nanguneri
Thirunelveli District - 627 108 ... Applicant
(By Advocate Mr. TCG Swamy )
versus
1. Union of India represented by the General manager
Southern Railway
Headquarters Office, Park Town PO
Chennai - 3
2. The Senior Divisional Personnel Officer
Southern Railway, Trivandrum Division
Trivandrum - 14
3. The Senior Divisional Signal
and Telecommunications Engineer
Southern Railway, Trivandrum Division
Trivandrum - 14 ... Respondents
(By Advocate Mr.P.Haridas )
The application having been heard on 19.09.2012, the Tribunal
on the same day delivered the following:
O R D E R
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER The applicant is presently working as Senior Technician in the Signal and Telecommunications Department of Southern Railway, Trivandrum Division. In connection with the disciplinary action he was suspended from service with effect from 27.07.1985 to 16.03.1988. Eventually, the charges framed against the applicant was found unjustified and further action stood dropped. However, the suspension period was not regularized. The applicant in the circumstances prays the following reliefs:
(i) "Declare that the applicant is entitled to have the period of suspension from 27.07.1985 to 16.03.1988 treated as duty for all purposes with all consequential benefits arising therefrom;
(ii) Direct the respondents to treat the period of suspension from 27.07.1985 to 16.03.1988 as duty for all purposes and direct further to grant the consequential benefits arising therefrom."
2. In the reply statement filed by the respondents it is stated that the prayer for regularizing the period of suspension from 27.07.1985 to 16.03.1988 treated as duty for all purposes with all consequential benefits arising therefrom has been under active consideration of the respondents. On going through the records, the Senior Divisional Signal & Telecommunications Engineer, Southern Railway, Trivandrum, the 3rd respondent has passed suitable orders entitling full pay and allowances during the period of suspension i.e 27.07.1985 to 16.03.1988. A true copy of the order is produced as Annexure R-1. It is also stated that further action for re fixation of pay and allowing consequential benefits be paid to the applicant immediately.
3. In the above circumstances, substantial relief as prayed for in the OA has since been satisfied by passing Annexure R-1 order. There remains no issue for adjudication. As assured, fixation of pay and allowances and consequential benefits be calculated and paid following Annexure R-1 order without delay, at any rate, within a period of three months from the date of receipt of a copy of this order.
4. OA is disposed of as above. No costs.
Dated, the 19th September, 2012.
K GEORGE JOSEPH JUSTICE P.R.RAMAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER vs