R.K. Rastogi vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
R.K. Rastogi – Appellant
Versus
Union of India – Respondent

Table of Content
1. jurisdiction of tribunal on pay fixation challenge. (Para 3)
2. grounds for declining pay fixation. (Para 4)
3. remittance for fresh hearing in tribunal. (Para 5)
4. final disposal of writ petition. (Para 7)

JUDGMENT

Rajiv Shakdher, J. (Oral)

1. Issue notice.

1.1. Mr Jagjit Singh accepts service on behalf of the respondents/Railways.

2. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.

3. The writ petition is directed against the order dated 11.02.2021, passed by the Central Administrative Tribunal [in short "the Tribunal"] in O.A. No. 149/2021.

3.1. It is not in dispute that the petitioner had approached the Tribunal for pay fixation, and, in this context, had laid challenge to the orders dated 08.05.2018 and 05.10.2020.

3.2. A perusal of the impugned order would show that the Tribunal has, broadly, adverted to the various OAs that the petitioner has filed from time to time to agitate his rights, which included the challenge to the order of dismissal and seeking payment of back wages and consequential benefits.

3.3. It is also not in dispute that the petitioner succeeded in h

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