- (1.) WE have heard Shri Tarun Verma, learned Counsel for the Petitioner. Shri Ashok Khare, Sr. Advocate assisted by Shri Sanjay Kumar Om appears for the Respondent.
(2.) THE Union of India through General Manager, North Eastern Railway, Gorakhpur and the Divisional Railway Manager, North Eastern Railway, Sonapur have filed this writ petition against the judgment of Central Administrative Tribunal dated 28.9.2001 in O.A. No. 1845 of 1992 by which the order of termination dated 8.12.1992 of late Shri Ram Raj, who has died during the pendency of the writ petition on 7th September, 2006, and has been substituted by his heirs, was set aside with all consequential benefits. The applicant was made entitled to the back wages only at 50%. He was to be reinstated as Junior Draftsman w.e.f. 12.10.1985, the date on which he had acquired temporary status in service. The period from 11.12.1992 to the date of reinstatement was to be treated as on duty for all purposes including increment and promotion. This Court passed interim order dated 11.4.2002 as follows: Until further orders of this Court we direct that Respondent No. 2 shall be reinstated in service in pursuance of the impugned order dated 31.8.2001 passed by the Respondent No. 1 but he will not be paid any back wages till further orders. However, he will get current salary.
(3.) SHRI Tarun Verma submits that the Respondent -applicant was serving as casual Khalasi. He was appointed as Causal Tracer on daily wages of Rs. 13.50/ - per day for six months from 14.5.1985 to 14.12.1985 for which sanction was given by Memorandum No. 781 dated 14.6.1985. The order of appointment dated 14.6.1985 provided that his services are purely casual and he will have no right to be in railway service in future. If his work and conduct is found unsatisfactory, his services may be terminated.;