- (1.) The Union of India and others have filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order dated 28.2.2012 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Act'), whereby Original Application No. 764-PB of 2010 filed by Prem Kumar Gupta (respondent No. 2 herein) has been allowed and the petitioners have been directed to re-calculate his emoluments for the purpose of fixation of the retiral benefits, after restoring the increment on the due date, after the expiry of one year of punishment.
(2.) In this case, respondent No. 2 was working as Postal Assistant in the Department of Posts. He was compulsorily retired with effect from 20.10.2000. Before his retirement, penalty of reduction of pay by three stages for a period of two years without cumulative effect was imposed upon him on 17.5.1999. The revisional authority modified the said punishment, while ordering reduction of pay by three stages for a period of one year without cumulative effect. The said punishment was to remain effective with effect from 1.6.1999 to 31.5.2000. Though respondent No. 2 was compulsorily retired on 20.10.2000 and effect of the aforesaid punishment had expired much prior to his compulsory retirement, yet while calculating his average emoluments for the purpose of pension, reduction of pay by the aforesaid minor punishment was taken into consideration.
(3.) Against the abovesaid illegal calculation of his pension, respondent No. 2 filed a representation, which was rejected by the petitioners. Thereafter, respondent No. 2 filed the Original Application along with an application for condonation of delay in filing the same, which has been allowed by the Tribunal vide order dated 28.2.2012.;