UNION OF INDIA & ORS. vs GOKAL CHAND KOSILA

Judgment text excerpt

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17.03.2025 + W.P.(C) 3249/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr.Rajkumar, CGSC versus GOKAL CHAND KOSILA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR ORDER % 17.03.2025 CM APPL. 15287/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 3249/2025 & CM APPL. 15286/2025 2. This petition has been filed by the petitioners, challenging the Order dated 29.08.2024 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘learned Tribunal’) in Original Application no.956/2017 (O.A) titled Gokul Chand Kosila v. Union of India & Ors.. 3. The learned Tribunal allowed the O.A. filed by the respondent herein, quashing and setting aside the Orders dated 20.08.2015 and 23.12.2015 issued by the petitioners. The learned Tribunal further directed the petitioners to restore the pay of the respondent as per the Order dated 17.12.2002, along with all consequential benefits, Signature Not Verified Digitally Signed W.P.(C) 3249/2025 Page 1 of 3 By:RENUKA NEGI Signing Date:20.03.2025 19:01:00 including the re-fixation of the retirement benefits with arrears. Additionally, the petitioners were directed to refund the recovered amount from the respondent’s gratuity with interest at the General Provident Funds rate. 4. To put it briefly, the petitioners had fixed the pay of the respondent vide an Order dated 17.12.2002. When the respondent was about to retire on 31.08.2015, the petitioners, by an order dated 20.08.2015, re-fixed the pay of the respondent taking away the benefit of the stepping up of the pay which was granted to him vide Order dated 17.12.2002. This order was passed without is