Shri Babaji Sahu vs Bhupendra Sharma

 I.A. No.9127 of 2019 (arising out of W.P. (C) No.14533 of 2006) And CONTC No.2781 of 2019

This matter is taken up through Hybrid mode.

This contempt application has been filed by the petitioner alleging non-compliance of the order 14.03.2019 passed by this Court in W.P. (C)

No.14533 of 2006 by the opp. party and therefore seeks for punishment of the opp. party- Bhupendra Sharma who was the then General Manger,

East Coast Railways.

Mr. Katikia, learned counsel states that Mr. Bhupendra Sharma has been transferred in the meantime and in his place his successor, namely, one

Vidya Bhusan is presently working in the post in question and he files Vakalatnama on his behalf. He further states that I.A. No.9127 of 2019 has

been filed in W.P. (C) No.14533 of 2006 seeking appropriate order clarifying the doubts as mentioned in paragraph-3 of the said I.A.

Before entering into any other aspects of the matter, we have to take into consideration the order passed by the Division Bench on 14.03.2019. The

writ petition was directed against the order dated 20.10.2006 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.

No.288 of 1993 dismissing the writ petition. The Division Bench vide order dated 14.03.2019 held as follows:-

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Taking into consideration the charge of unauthorized absence, we are of the considered opinion that the interest of justice will be served by substituting the penalty

instead of removal with compulsory retirement. However, we make it clear that he was deemed to have retired on the date of removal but will not be entitled for any

benefits from 2001 till 31st March, 2019 and he will get all the benefits from 1.04.2001.

However, he will be granted notional benefit and all other benefits means whatever pension which was available on the date of removal i.e. on 14th May, 2001 will be

deemed to have been from 01.04.2001 and he will get notional increment and benefit of the subsequent pay scale.

The writ petition is allowed to the aforesaid extent.â€​

Because of non-compliance of the aforesaid order, the petitioner has filed this contempt application which is being disposed of by this order.

The East Coast Railways has filed the interim application, as aforesaid, inter alia, reflecting at paragraph-3 that on a close reading of the aforesaid

order, it was clear that:

(i) The petitioner should be awarded with compulsory retirement instead of removal and the petitioner should have been declared as retired from the date of his

removal i.e., 14.05.2001.

(ii) The petitioner should not be entitled to any benefits from 2001 to 31.03.2019.

(iii) The petitioner should get all the benefits from 1.4.2001. (iv) The petitioner should be granted notional benefit and all other benefits means whatever pension

which was available on the date of removal, i.e. 14.5.2001 and deemed to have been from 1.4.2001 and (v) the petitioner should get the notional increment and benefit

of the subsequent pay scale.

As the authority of East Coast Railways finds some ambiguity in the order passed by this Court, we are clarifying the same.

We direct that the petitioner shall be treated as removed from service by compulsory retirement and not dismissed from service. Therefore, he is

entitled to pension as admissible to the cadre he was working from 14. 5.2001. He is also entitled to the following:

(1) The petitioner is entitled to the notional benefit of qualifying service for the period 14.5.2001 to 31.3.2019.

(2) He is entitled to the notional benefit of increment for the aforesaid period.

(3) He is entitled to promotion if any for consideration by his cadre for the aforesaid period.

We further add that the petitioner is not entitled to salary or pay for 14.5.2001 till 31.3.2019 but he is entitled to the notional benefit of the same.

With such observations and directions, the I.A. as well as the contempt application are disposed of.

We hope and trust that the opp. party/contemnor shall comply this order by 03.09.2021.

Urgent certified copy of this order be granted on proper application.

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