Laloo Ram vs Union of India And Ors

Rakesh Sagar Jain, J

Heard Shri Shyamal Narain, learned counsel for the applicants and Shri L P Tiwari, learned counsel for the respondents.

The brief facts of the case are that the matter in dispute was decided by the Hon'ble Madras High Court in the case of M. Subramanium Vs Union of India and others. The respondents went in appeal against the judgement passed by the Hon'ble Madras High Court before the Hon'ble Supreme Court. However, the SLP as well as the Review application was dismissed by the Hon'ble Supreme Court.

Learned counsel for the applicants submitted that the Chandigarh Bench, Mumbai Bench, Principal Bench and Hyderabad Bench of this Tribunal also considered similar matters and followed the law laid down by the Hon'ble High Court of Madras, and therefore, there can be no impediment in giving the same relief to the applicants herein.

It is further contended by the learned counsel for the applicants that the respondents have sought to make out that the judgement passed by the Hon'ble Madras High Court is judgement in personam, ignoring the fact that the other Benches of this Tribunal have followed the judgement passed by the Hon'ble Madras High Court. Hence, it would be in fitness of things if the respondents consider the case of the applicants and meet out the same treatment as has been given to their other counter parts all over India.

It may be noted that applicants have placed on record the 'compliance orders' passed by the respondents to give effect to orders passed by Hon'ble High Court of Mumbai and Hyderabad regarding the dispute covered by the present OA.

In these circumstances, the respondents are directed to consider the stand of the applicants and take a decision and accord similar treatment as given to similarly situated officers of Government of India in the aforementioned litigations referred above.

It would be pertinent to note that the pay fixation matters, like the one under consideration are all governed by uniform policies of the Government, any judgement on these matters by their very nature are always judgement in reim and cannot be judgement in personam, unless so specified in the order.

Learned counsel for the respondents is directed to forward a copy of the OA as well as the copy of the judgements furnished by the learned counsel for the applicants to the respondents for their information and consideration of the matter. The respondents would ensure that the benefit of the judgement referred above are given to all the persons who are entitled to the same whether they are retired or are in service. This exercise is to be completed within a month from the date of receipt of certified copy of this order.

With the above direction, the OA is disposed of. No order as to cost.