2007 Supreme(Raj) 1956
R.M.LODHA, R.S.CHAUHAN
Nishi Kant Biswas – Appellant
Versus
Union of India – Respondent
For the Petitioner:Anant Bhandari, Advocate for A.K. Bhandari, Senior Advocate.
For the Respondents No. 1 and 2:Alok Garg for G.C. Garg with Sharad Joshi, Advocates.
JUDGMENT
1. - The petitioner filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal, Jaipur Bench, Jaipur praying therein that Rule 228 of the Indian Railway Establishment Manual (IREM) be declared illegal insofar as it deprives the benefits of arrears on account of retrospective promotion. In the Original Application, the petitioner also prayed that the order dated 18th January, 1995 be modified and the respondents may be directed to pay the arrear of difference of pay along with reasonable rate of interest and consequently his pension may be revised and other consequential benefits like gratuity, commutation etc. be given. The Central Administrative Tribunal by its order dated 23rd March, 2000 dismissed the Original Application. Upset thereby the present writ petition has been filed.
2. The facts in brief to the extent these are relevant for disposal of the writ petition may be summarised thus :
(a) The petitioner joined the service in Western Railway in the year 1957. He was promoted as Fireman-II and thereafter as Diesel Assistant and then as Shunter.
(b) That in the year 1986, the petitioner was working
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