A.P. Bhattacharya, J. - (1.) This Misc. Application has been filed by applicant, Shri A.K. Dutta for issuing direction on the respondents for implementing the judgement passed by this Tribunal on 19.12.86 in T.A. of 86.
(2.) It is the case of the applicant that although he had succeeded in his Transferred Application as mentioned above, the benefits consequential to such success have not yet been granted to him. In opposing the application it is contended by the respondents that in compliance with the said judgement the applicant's date of birth was corrected as 1.2.1930, his pay was fixed on proforma basis and the period from 1.3.83 to 26.2.87 had been regularised as qualifying service for pension and other relating benefits. The respondents have also stated that pursuant to that judgement the applicant been paid bonus, leave salary, pension etc. etc. But as per the direction given by the Railway Board his pay and allowances for the period during which he had not worked have not been paid.
(3.) In T.A. 445 of 86 the applicant challenged the erroneous entry of date of birth made in his service book. According to him his date of birth was 1.2.30 whereas it had been recorded in his service book as 29.11.24. On hearing both sides and going through the materials on record, allowed the applicant's prayer and declared his date of birth as 1.2.30. The respondents were directed to correct the date of birth accordingly and grant him all consequential benefits admissible. Now it is the version of the respondents that they have since granted all the benefits to the applicant barring his pay and allowances for the period during which he had not worked. We find that such action of the respondents is not sustainable law.;