Law:

Section:

(a) Industrial dispute-- --- Retirement from service--Justice to be done to the retiring employee in accordance with law with regard to benefits which had accrued to him on close of his career--Case of retiring officer deserves to be decided after observing all norms, principle of fairplay and proper opportunity to said official to enable him to substantiate his plea--Mere passions should not govern the fate of retiring official at the cost of public exchequer. (b) Industrial dispute-- --- Back benefits--Authority not taking into consideration entire material available on record while deciding question of granting back benefits to appellant--Case was remanded back to Authority for decision afresh in accordance with law within specified time. Appellant in person., JUDGMENT MUHAMMAD AFZAL LONE, J.--The brief facts relevant for the purposes of decision of this I.C.A., are, that at the relevant time the appellant was working as Ward Keeper in the Railway Department. After consideration of his case by the Ministry of Railway, vide Order No. 765-E/2-III (E.V.) (Annexure­B), dated 28-6-1979 issued by the Chief Personnel Officer, the appellant was granted pro forma promotion as under:- "(a) Mr. Allauddin Babri may be treated to have been promoted as S.S.K.P., w.e.f. 1-4-1963. (b) He may be treated to have been promoted as Jr. D. S. K. P. w.e.f. 2-10-1972. (c) He may be allowed arrears of pay on the above basis and granted annual increments accordingly. In view of the above decision Mr. Allauddin Babri should be posted as Jr. D.S.K.P. forthwith against existing vacancy or by reverting junior most officiating person. The matter regarding his promotion for the preceding period may be regularised if vacancies in the relevant posts were available otherwise supernumerary posts as required should be created to admit his claim of back benefits." Due to some litigation to which the appellant was a party this order was not implemented. However, there are indications on the file that the Chief Personnel Officer expressed his concern on the non-implementation of the order Annexure `B', with the result that the General Manager (Personnel) by his letter No. 756-E/2-III (JPO-VI),…

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