The Union Of India And ORS v. Man Mohan Ram And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12422 of 2016 ===========================================================

1. The Union of India through the General Manager, East Central Railway, Hajipur, District- Vaishali, Bihar

2. The General Manager (P) East Central Railway, Hajipur, District- Vaishali, Bihar

3. The Chief Administrative Officer (CON), East Central Railway, Mahendrughat, Patna

4. The FA & CAO (CON), East Central Railway, Mahendrughat, Patna

5. The Deputy Chief Engineer (CON) East Central Railway, Barkakana

6. The Executive Engineer (CON), East Central Railway, Barkakana

7. The Divisional Railway Manager (Personal), East Central Railway, Mugalsarai

8. The Senior Divisional Financial Manager, East Central Railway, Mugalsarai .... .... Petitioner/s

Versus

1. Man Mohan Ram, S/o Late Govind Ram, Ex-Material Clerk under Deputy Chief Engineer (Con) East Central Railway, Dehri-on-Son at Mugalsarai, R/o Dharampur, Latehar

2. Suresh Ram, S/o Late Sukh Deo Ram, Ex-Typist under Deputy Chief Engineer (CON), East Central Railway, Dehri-on-Son, at Mugalsarai, R/o village - Chainpur, District - Palamu .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. D.K. Sinha, Senior Advocate. Mr. Satyeshwar Prasad, Advocate.

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 28-10-2016 The challenge in the present writ application is to an order passed by the Central Administrative Tribunal, Patna Bench, Patna (for short "the Tribunal") on 24th of November, 2015 in O.A. No. 050/00274 of 2014 whereby, the applicant before the Tribunal was allowed pensionary benefits by taking into consideration 100 per

Patna High Court CWJC No.12422 of 2016 dt.28-10-2016 2/2 cent of temporary service.

2. Such order has been passed on the basis of judgment of this Court in C.W.J.C. No. 11695 of 2015 (The Union of India & Ors. Vs. Subhash Chandra Prasad Singh) decided on 18th of August, 2015.

3. Since the order of the Tribunal is based upon an order passed by this Court, we do not find any ground to interfere in the writ jurisdiction of this Court for the reasons recorded in C.W.J.C. No. 11695 of 2015.

4. The writ application is, thus, dismissed.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 10.11.2016 Transmission Date