Delhi High Court
Union Of India & Ors. vs Smt. Usha Ghosh on 15 February, 2011
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION (CIVIL) NO. 959 of 2011
UNION OF INDIA & ORS. ....Petitioners
Through Mr. V.S.R. Krishna and
Mr. Amit Dubey, Advocates.
VERSUS
SMT. USHA GHOSH .... Respondent.
Through
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 15.02.2011
The petitioners have challenged the order dated 25th
November, 2010 passed by the Central Administrative Tribunal on the
ground that late Mr. Udai Shankar Ghosh was working on an ex-cadre
post and as per the extant policy for the purpose of calculating
retirement benefits, the salary drawn in the parent cadre has to be the
basis. It is accordingly submitted that the Tribunal has erred in directing
the petitioners to calculate retirement benefits on the basis of
emoluments that late Mr. Udai Shankar Ghosh was actually drawing at
the time of his death.
2. The facts of the present case do not justify interference with the
impugned order passed by the Tribunal dated 25th November, 2010.
Late Mr. Udai Shankar Ghosh was initially appointed as a Typist and was
absorbed as Console Operator on 14th October, 1985. One Mr. Girdhar
Gopal, junior to late Mr. Udai Shankar Ghosh was directed to be
considered as Console Operator in the grade of 1600-2660 from due
date with consequential benefits except arrears from 16th November,
1985. The said decision of the Tribunal dated 7th October, 1999 was
implemented by the petitioners. Late Mr. Udai Shankar Ghosh though
senior to Mr. Girdhar Gopal was not granted the same benefit. In 2002,
late Mr. Udai Shankar Ghosh filed an original petition for seeking same
benefits which was allowed. Mr. Girdhar Gopal also filed another
petition alleging that the decision of the Tribunal dated 7th October,
1999, had not been properly implemented. This petition filed by Mr.
Girdhar Gopal was allowed by order dated 12th May, 2003 and it was
directed that he would get notional increments from the date of
absorption on the post of Console Operator w.e.f. 17th October, 1985
till date of his absorption i.e. 6th November, 1995. Late Mr. Udai
Shankar Ghosh made similar representation which was not accepted by
the petitioners. In these circumstances, late Mr. Udai Shankar Ghosh
filed OA No. 1602/2007 which was allowed on 4th March, 2008 and it
was directed that he would be given same benefits as were allowed and
given to Mr. Girdhar Gopal in the judgment dated 12th May, 2003. In
compliance with the said orders, the petitioners passed an order that
late Mr. Udai Shankar Ghosh, Console Operator was allowed pay scale
of Rs.550-750 (RS)/5500-9000 (RSRP) w.e.f. 17.10.85 to 6.11.95 on
notional basis and arrear of difference of pay w.e.f. 7.11.95 onwards.
3. The Tribunal noting these facts has held that the retirement
benefits should be calculated on the basis that Late Mr. Udai Shankar
Ghosh was working as a console operator. Admittedly he had worked as
a console operator for almost 22 years from 1985 to 2007. He had
succeeded twice before the Tribunal. His junior Mr. Girdhar Gopal is
also working as console operator. In view of the aforesaid facts, the
tribunal was justified in directing that the retirement and other benefits
payable to the respondent-widow should be calculated on the basis of
actual salary drawn and paid to late Mr. Udai Shankar Ghosh as a
Console Operator.
The writ petition is accordingly dismissed with no order as to
costs.
SANJIV KHANNA, J.
CHIEF JUSTICE
FEBRUARY 15, 2011
KKB/VKR
