S.P. Talukdar, J. - (1.) This writ petition has been filed by Union of India challenging the Judgment and order dated 24th September, 2002 passed by Central Administrative Tribunal, Calcutta (hereinafter referred to as 'CAT'). By the said impugned Judgment and order, the CAT allowed the O.A. No. 1235 of 2001 filed by the respondent no. 1.
(2.) By allowing the said O.A., the CAT directed as follows : (i) That office order No. P/Eng/W//1185 dated 1.2.85 enclosed as Annexure A/4 to the O.A. should be made effective w.e.f. the date of its issue on 1.2.85 so far as retirement of the applicant from Railway service and absorption in RITES of the applicant are concerned; (ii) That the applicant shall be entitled for all pensionary benefits etc. as admissible to him from the Railway authorities, especially respondent No.2 upto 31.1.85. (iii) That the pensionary benefits should be re-calculated as per extant rules and arrears of pensionary benefits so arrived at should be paid to the applicant; (iv) The above exercises should be completed within a period of four months from the date of communication of the order by which time the actual payment of arrears etc. should be assured to be made to the applicant : Those directions were, however given upon the Chief Personnel Officer. South Eastern Railway, Garden Reach, Calcutta, the petitioner No. 2 before us.
(3.) The relevant facts of the case are that the respondent No. 1 was transferred on deputation in Foreign Service to RITES on 7.6.86. Prior thereto the respondent No.1 was appointed oil 153.6.1960 in South Eastern Railway, Garden Reach as IOW. On promotion to IOW, Grade-1, the respondent No. I was posted at Adra. On being sent on deputation to RITES, the respondent no.I joined as Assistant Manager w.e.f. 7.6.78. While working with RITES, the respondent No. 1 was sent on assignment to IRAQ of the period between 8.3.79 to 26.12.82. On return from IRAQ, the respondent No.1 joined RITES on 27.12.82. Thereafter the respondent No.1 retired from RITES on 17.10.92. These facts are not disputed.;