( 1 ) HEARD learned Counsel Mr. Patel for the petitioners and Mr. K,k. Shah, learned counsel for the respondent Odhavji C. Thakor.

( 2 ) RULE. Learned counsel Mr. K. K. Shah appearing for the respondent workman on caveat waives service of rule in the facts of the case, the petition is taken up for final hearing today.

( 3 ) IN this petition, the petitioner has challenged the order of Central Administrative tribunal, Ahmedabad Bench, Ahmedabad in oa No. 727 of 1997 with M. A. No. 203 of 2003 dated 6th November, 2003 wherein the tribunal directed the petitioners to treat the entire period as on duty and refix the pension of the present respondent in light of the observations made by it in the order and pay to the respondent arrears of salary etc, as well as retirement benefits including leave encashment, GPF, Group Insurance etc. due and payable as per rules. The tribunal directed to complete the said exercise within one month from the date/of receipt of the order. The tribunal also allowed interest at the rate of 12 per cent p. a. from the due dates under different schemes with costs, quantified at rs. 2000. 00 in favour of the respondent. With these directions, the tribunal disposed of the application. The respondent who is appearing on caveat has filed reply.

( 4 ) THE facts, in brief, are to the effect that workman joined service in the year 1950; then, he was promoted as a Driver of the mail Train in the year 1958, He was working as a Driver to the Mail Train till the date of his removal from service. He met with a serious accident while taking the Engine to sabarmati Railway Yard and he was hospitalized. He remained on leave for about 75 days from October 10, 1980 to December 27, 1980 without prior permission from the higher authority. He was served with a show cause notice dated November 16, 1981. Thereafter, Enquiry Officer was appointed on december 28, 1981. Departmental Enquiry was completed. In enquiry, he pleaded guilty of remaining absent for 75 days without prior permission of the authority. Disciplinary proceedings were initiated on March 21,1982. He explained in enquiry that he met with an accident and sustained serious injury on the stomach; he was not keeping good health, his wife and son were also sick, he had to look after them he was confused and remained absent. He was removed from service on May 25,1982 for remaining absent for 75 days. Copy of the inquiry officers report was served upon the workman alongwith the order of removal. Departmental appeal filed by him against the order of removal was rejected. Mercy petition was also rejected. The workman therefore filed TA no. 452 of 1986 before the Central administrative Tribunal, Ahmedabad Bench, ahmedabad ["cat" for short. The CAT, by order dated August 31, 1990 held that the enquiry is vitiated and order imposing penalty of removal from service must be quashed, this however, will not preclude the petitioners from supplying a copy of the enquiry report to the respondent and giving him an opportunity to make his representation and proceeding to complete the disciplinary proceedings from that stage. The application was, thus, allowed by the tribunal to that extent with no order as to costs.

( 5 ) IT was also observed by the tribunal that if the petitioners chose to continue the disciplinary proceedings and complete the same, the manner as to how the period spent in the proceedings should be treated would depend upon the ultimate outcome, nothing said therein would affect the decision of the disciplinary authority in that regard. The tribunal also observed that the said order of the tribunal is not a direction to necessarily continue the disciplinary proceedings and that was entirely left to the discretion of the disciplinary authority.

( 6 ) THE petitioners thereafter filed review application before the CAT being review Application No. 460 of 1990 against the order in TA No. 452 of 1986, on October 11, 1990. During the pendency of the said rev