UNION OF INDIA THROUGH SR.DIVISIONAL ENGINEER (I), EAST CENTRAL RAILWAY, DHANBAD Vs. SRI UDAY
LAWS(JHAR)-2012-5-171
HIGH COURT OF JHARKHAND
Decided on May 04,2012

Union Of India Through Sr.Divisional Engineer (I), East Central Railway, Dhanbad Appellant
VERSUS
Sri Uday Respondents

JUDGEMENT

- (1.) THE writ petitioner is aggrieved against the order dated 17.1.2011 passed by the Central Administrative Tribunal, Circuit Bench at Ranchi in O.A. No. 262 of 2009 whereby, after holding that employee's correct date of birth is 1.2.1947, it was ordered that whatever amount has been paid to the employee that shall not be recovered from the employee on account of payment of excess salary for the extra period of service rendered by him and pension for the said period will be adjusted against the salary paid.
(2.) THOUGH the Tribunal has held that correct date of birth of the applicant is 1.2.1947 and not 16.5.1949, but, the Tribunal was also of the view that since the applicant/respondent has worked for that period, his salary could not have been deducted. We do not find any illegality in that order. Hence, the writ petition of the petitioner is dismissed.;


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