Punjab-Haryana High Court
Cwp No. 19885-Cat-2002 vs The Central Administrative Tribunal on 3 October, 2013
Bench: Surya Kant, Surinder Gupta
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
Date of Decision : 03.10.2013
1. CWP No. 19885-CAT-2002
Union of India
.......... Petitioner
Versus
The Central Administrative Tribunal, Chandigarh Bench, Chandigarh &
Ors.
...... Respondents
*****
2. CWP No. 5168-CAT-2003
Union of India
.......... Petitioner
Versus
The Central Administrative Tribunal, Chandigarh Bench, Chandigarh &
Ors.
...... Respondents
*****
3. CWP No. 12477-CAT-2003
Union of India & Ors.
.......... Petitioners
Versus
Kasturi Lal Nayar & Ors.
...... Respondents
*****
4. CWP No. 12696-CAT-2003
Union of India & Ors.
.......... Petitioners
Versus
Sohan Singh & Ors.
...... Respondents
*****
5. CWP No. 12698-CAT-2003
Union of India & Ors.
.......... Petitioners
Versus
Karam Singh & Ors.
...... Respondents
*****
Satyawan
2013.11.11 11:19
"I attested to the accuracy and
integrity of this document"
High Court Chandigarh
CWP No. 19885-CAT-2002 2
CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE SURINDER GUPTA
Present : Mr. Jagdish Marwaha, Standing counsel for UOI
for the petitioner.
****
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. (Oral)
This order shall dispose of CWP Nos. 19885-CAT of 2002; 5168-CAT, 12477-CAT, 12696-CAT & 12698-CAT of 2003 as the point in issue involved is common.
For brevity, facts are being extracted from CWP No. 19885- CAT-2002 The Central Administrative Tribunal, Chandigarh Bench, Chandigarh vide impugned order dated 16.4.2002 allowed the Original Application filed by respondent No.2 and granted him the running allowance in terms of the order dated 22.01.2002 passed by the Principal Bench of Central Administrative Tribunal in O.A. No. 2425 of 2000 (S.R. Dhingra & Ors. vs. Chairman, Railway Board & Ors.).
The order passed by the Principal Bench of Central Administrative Tribunal in O.A. No. 2425 of 2000 (S.R. Dhingra & Ors. vs. Chairman, Railway Board & Ors.) has been set aside by Hon'ble Supreme Court vide judgment dated 14.12.2007 in Transfer Case (Civil) No. 106 of 2006 (Union of India vs. S.R. Dhingra and others) holding as follows :-
"26. In view of the above, we are of the opinion that the benefit of running allowance which has been given to the respondent at the time of retirement is not to be given again Satyawan 2013.11.11 11:19 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CWP No. 19885-CAT-2002 3 vide Office Memorandum dated 10.2.1998.
xx xx xx xx xx
28. However, any amount already paid to the respondents and other similarly situated persons shall not be recovered from them."
In view of the cited decision of the Hon'ble Supreme Court, the writ petitions are allowed; the impugned orders dated 16.4.2002 in CWP Nos. 19885-CAT of 2002, 5168, 12696-CAT of 2003, 15.04.2002 in CWP No. 12477-CAT-2003 and 17.4.2002 in CWP No. 12698-CAT-2003 passed by the Tribunal is set aside, consequently the Original Application stands dismissed. However, no recovery shall be effected from the respondent [petitioner(s)in O.A.] of the amount already paid.
(SURYA KANT) JUDGE (SURINDER GUPTA) JUDGE 03.10.2013 'Satyawan' Satyawan 2013.11.11 11:19 "I attested to the accuracy and integrity of this document"
High Court Chandigarh