ORDER (Oral)

Per Mr. G. Raiasuri aJ.udici aMelmber:

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Heard Ld. Counsel fo rboth sides.

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2. This 0.A. has been file sdeekin gthe followi nrgeliefs •v■

"(a ) Cancellati aonnd/o rsetti nagsid eof the impugned orde r / Jp of Removal of the Applica nftrom servic edated lune 13, 2005 being Annexure "A-7" herein.

(b) As the applica nmteantime has reached to the age of superannuati osno, your Lordship msay gracious lbey kind enough to orde rthe concerne dresponden to pay the applica natl lhis arrea rpay and allowance sas per Railwa yServan tPay and Allowanc eRules wit heffec ftrom lune 13, 2015 by calculat ing therei tnhe due promotion osf the applica nwtit hdue increment s as per Rules ,which the applica nwtould had been entitl etod get i fthe applica nwtould not had illega bleleny removed from service;

(c) Order the respondent sto pay the applica natn intere st at the rat eof 18 percen tper annum upon on al lsuch calculat ed arrea rpay and allowanc eti lacltua lrealizat ioof nsuch amount.

(d) Your Lordship smay gracious lbye kind enough to orde r the responden tNo. 3 to gran tand pay pensio nto the applica nt by treati nthge applica nats i fhe was in servic te i hlisl date of sinc ethe date of his lawfu sluperannuati oin, fthe applica nt had not been illega lrelmyoved;

(e) To orde rthe Respondent sNo. 2 herei nto pay a sum of one lac kof Rupees to the Applica nats a litigat cioosnt sfo r causin gharassmen tand los sof menta lpeace and sufferin ogfs agony of the applica nfto rlong ten years and fo rlos sof money labou rand energy ;and to reimburs ethe same from the pay and A allowance sof the Responden t No. 5 herei nand from his pensionar byenefi tis fthe Respondent sNo. 5 herei shas been superannuate dmeantime."

3. This case is havin ga chequere dcaree rof it sown. The para 3 of the O.A. is extract ehdereunde rfo rready referenc-e:

"3.(1 )In thi sregard ,the applica nhtumbly submit stha tthe applica nast a man of single-mind meadn, has always followe tdhe ■u.

advic eof his Learned Lawyer sinc ethe starti nogf the disciplin parroyceeding tso the issuanc eof the impugned order of remova ldated 13th Dune, 2005. And as advise dby his Lawer, -V'

the applica nhtad never hesitat etdo fil aend move one after anothe rfou rOrigin aAlpplicati obnesing O.A. No.1126 of 2003, O.A. No. 503 of 2007 and O.A. No. 32 of 2010.

(i iAp)plica nfturth esrtate tsha tsome time in the month of Duly, 1-

2015 throug hone of his frien dosf his service-l iwhfoe w,as an union leade rof the Easter nRailway ,his the applican tth,rough him in a socia plerformanc ehad come in touch wit hhis present lawyer ,who possess long time practic eaxlperienc ien dealing wit hso many servic meatter sbefor ethi sHon'bl eCourt .At that time your applica nhatd shown him one copy of the last lmeyntioned >-•

Origin aAlpplicati obneing O.A. No. 32 of 2010. And after studyin tghe same, the said Lawyer had not hesitat etdo pass his opinio ntha tyour applica nthas got railwa yservic eon compassionat eground so, issuanc eof the impugned orde rof Removal by the Division aColmmercia lManager, here-in-after referr etdo as ‘■D.C.M.’ 'is ex-fac iielleg anld void .But ,in the O.A. No.32 of 2010 as the same has neithe breen agitat endor pleade dso, ther eis rar echance of success in the said O.A. No.32 of 2010.

(ii iA)ccording ltyo the said advice y,our applica nhtas taken of fhis Brie off the case as wel las one fNo Objectio nf*rom his the then Learned Lawyer .And your applican wti,t ha direction of doing needfu lhas give ncharge of the case to his present lawyer.

(iv)Th seaid O.A. No.32 of 2010 appeared in the Day’s Lis tof Court No.I Iof thi sHon'bl eTribuna oln 11th day of August ,2015 at Item No.15 under “Hearin”g head. And at the mentionin hgour T at fir ssittti onf gthe Hon* ble Court ,in pursuanc eto the prayer \

fo rnon prosecuti onf the case and wit ha liber ttoy fil aefresh.

• as had been made by the Learned Advocat eof your applican Tth.eir Lordship shave been please dto allo wthe same.

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(v )Withou tany