HIGH CGLERT Q? CHHATTiSGgRH AT BILASPGR mmsseiq 2mm GGRAW: H’QW—ELE $HR§ RAJEEV GijfffA. {Li HGPJ’BLE HR} SUNEL KUMAR S! JHA, J. hnnvu I Wfii ?eim0n !S) N03534 GE Zim3 3%mioners 1 Union 0f india Through the Secretary, Ministry cf Csmmunécatésr: Samhar Bhawan. New Delhi 2 The Directer, Pestal Semces, ' Chhattisgarh Cime, 0/0 Chief P65: Ma$ter Genera! Chhattisciam Cii'cie, Raipur 3 The $uperintendent, Railway ivia'ii ervicee, Raipur Divisian Raip'u’r VERSUS Smt Anima Bhattacharya Widow of Late PC Bhattcharyax aged about 51 years, resident of 57, Vivekanand Coieny! Reipur (CG) Reseondené Writ Petition under mticie 226 a? the f‘nnbi’imtien ef in ia Present : ivis Sharmiia Singhai. Assistant Soiiciior Generei far ail. uLE Hg...“ uniuu M: UI 1mg». mum!1:) i EutIOHCia u; .w.‘ Li Sh? 'Y‘V' Ramana Rae, counsei for the respondent QREJER {mm August, 2999} The foiiowing order of the Court was passed by Reieev Gueke, CJ. Learned counsel for the parties are heard on admission. 2) Petitioners have fiied this Writ Petition against the impugned order dated 2D.G2.2009 passed by the Jabaipur Bench (camp at Bikasnur) of Centre! Administrative Tribunai in Oiiginai Appiication NO .747i2008. 3) Respondent Anima Bhaticharya, widow of iate Shri PC Ehattacharya, who was in the service of the petiiioners, iiied the Griginai Aopiication before the Tribunai for the foiiow‘ing reiiefe : “8.1 That, the Hon’bie Tribunai be pleased to accept the Aopiication. 8.2 Thai, the Hon’ioie Tribunal be pleased to pass simiier Order in the mattet of the Appiicant for grant of Financiai Uo gradations under TBOP and BCR. Schemes by counting the period spent in Rehabilitation Department, as it pleased and passed in the eariier OA.4C)?I'2000 on 15.G?.2UG2 8.3 That, Hon’bie Tribunal be pleased to pass an order tor payment of Arrears of difference of Pay] and ati Terminai dues such as Famiiy .Eension, Gretuity etc with interests as e resuit oi aforesaid Financiai Up gradations atcng with cost of this Appiieatton, 8.4 That, the Hon’bte Tribunat be pteased te pass any other Gtder or Grdets deemed ftt and proper and in the interest ct justice.” 4) The soie’ issue invoived tn the Original Appiication before the Tribunai preciseiy reiated to the inclusion of the past service of Shri PC} §hattacharya for the purposes of financiai up gradation benefit under TBOP scheme. 5') The ribunai fpiiowing the dictum of the Apex Court in the case of Dwijen Chandra Saritar and another “‘:Js Union of india and ancther reported in NR 19% Supreme Court 5%, passed the impugned order dated 2Q.D2.200§, whereby the Originai iEV “i ’\ Apglisation fiied by the respcndent was allowed and the peiitioners (respondents in the Original Application) were direoled to extend a benefits of Dwiien Chandra Sarkar judgment ts applicant and pass necessgry orders granting the relief including revisicn of retire! benefits. arrears 0f Densicn eta, within a period of three months from the date of receipt of the said order. 5') Ms Sharmiia Singhei, iearned Assistant Soiicitor General for :he Union of india could not dispute that the sole issue invaived in the matter is covered by the dictum of the Apex Court in the case of Dwiien Chandra Sarkar and‘another Vs Unien of India (supra). ?i in this View of the matter, we do not find any scope for interfetence in the matter. 8) The Writ Petition, therefore, is iiabie to be dismissed and is herebv dismissed summariiy. Sd/- l/{b ‘ Sd/- i ‘ 4" Sunil Kumar Sinha Judge .i Chief Justice padma