Siddharth, J. - (1.) Heard Shri K.N. Sinha in person and Shri S.K. Pal, learned counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for the following reliefs: (i). Issue a writ, order or direction in the nature of Certiorari quashing the impugned orders dated 17.03.2010 and 9.7.2009 passed by the respondent No.1 (Hon'ble Central Administrative Tribunal at Allahabad) contained as Annexure Nos. 25 and 21 to this writ petition. (ii). Issue, a writ, order or direction in the nature of mandamus directing the respondents to treat the petitioner as continuous in service and to give all other benefits for the period of dismissal to reinstatement as notional continuity, increments upgradation IV Pay Commission etc., as held by the Hon'ble Supreme Court in Union of India Vs. Prabhu Dayal Singh. (iii). Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner senior to his juniors at the time of his reinstatement and also treat the petitioner as promoted along with his juniors after his reinstatement and give all kind of benefits for which he is legally entitled which had accrued to him after his reinstatement. (iv). Issue a writ, order or direction in the nature of mandamus directing the respondents be directed to re-fix his pension after taking into consideration his all benefits which has accrued to him after his reinstatement and to pay the arrears along with the 12% interest per annum, forthwith. (v). Issue any other writ, order or direction which this Hon'ble Court may deem, fit and prper under the facts and circumstances of the case. (vi). Award cost of the petition in favour of the petitioner.
(3.) Petitioner's case is that he was appointed as Engine Cleaner on 01.08.1960, promoted as Fireman-C on 11.04.1965 and as Fireman-B on 11.04.1974 and after promotion was posted as Diesel Assistant in Kasganj in 1979, when he was removed from service under rule 14(2) of Railway Servants (Disciplinary and Appeal) Rules, 1968 vide order dated 01.02.1981. The petitioner was removed from service due to participation in general strike of Loco-Running Staff. Along with the petitioner several other employees were also removed in similar manner. All the removed employees filed writ petitions before various High Courts and Hon'ble Supreme Court, challenging their removal orders. Ultimately all the cases were transferred to Hon'ble Supreme Court, which passed an interim order, directing the Railway Administration will continue to pay the petitioners their last drawn salary with requisites and benefits to which they are entitled, as if, they are in service. Vide order dated 10.01.1994 the petitioner was reinstated in service after the decision rendered by the Hon'ble Supreme Court vide judgment and order dated 05.08.1993, Union of India & others Vs. R. Radappa and others, 1993 4 JT 470. The Hon'ble Supreme Court gave following directions:- (i). Employees who were dismissed under Rule 14(2) for having participated in the Loco Staff strike of 1981 shall be restored to their respective posts within a period of three months from today. (ii). (a) Since more than three years have elapsed from the date the orders were found to be bad on merits by one of the tribunal, it is just and fair to direct the appellant to pay the employees compensation equivalent to three years salary inclusive of dearness allowances calculated on the scale of pay prevalent in the year, the judgment was delivered, that is in 1990. (b). The benefit shall be available even to those employees who have retired from service. In those cases where the employees are dead the compensation shall be paid to their dependents. The Compensation shall be calculated on the scale prevalent three years immediately before the date of retirement of death. (iii). Although the employees shall not be entitled to any promotional benefits but they shall be given notional continuity for purposes of calculations of pensionary benefits. This benefit shall be available to retired employees as well as to those who are dead by calculating the period till date of retirement of death.;