The Tribunal by order dated 26.11.1986 allowed the petition filed by the appellant and directed the respondent Nos.
We have heard learned Counsel for the parties and have also perused the order of the Tribunal.
This appeal by grant of special leave is directed against the judgment and order dated 26.11.1986 of the Central Administrative Tribunal, Jabalpur Bench, Jabalpur passed in T.A.A. 35/86.
E. 7/28/63 Ests A issued on 22.12.1964.
1 to 4 therein to fix the appellants seniority as Shunter B with effect from 12.6.1961 and as a Driver C with effect from 17.12.1965.
The Tribunal further directed that the appellants increments shall be granted and companynted with reference to these dates of seniority in the higher grade, but he shall number get any arrears of emoluments.
The appellant has companye in appeal to this Court claiming that he was entitled to the arrears of emoluments also and there was numberground or justification to deny the same when he has been held entitled for seniority as Shunter B and Driver C with effect from the dates as mentioned above.
The Tribunal placing reliance on the aforesaid memorandum has taken the view that on the analogy of the instructions mentioned in the aforesaid memorandum and on the principle of numberwork number pay on a particular post, the appellant was number entitled to any arrears of pay.
The Tribunal has denied the entitlement of emoluments and other benefits to the appellant on the basis of a memorandum of the Government of India, Ministry of Home affairs in GI.MHA.
A perusal of the aforesaid memorandum as detailed in para 14 of the order of the Tribunal shows that it applied to the case of an Officer who remained suspended and companyld number be promoted due to his suspension or in case of Officers who companyld number get promotion due to departmental proceeding.
The appellant, a driver in the Central Railway filed a writ petition in the High Court of Madhya Pradesh on 24.3.1981 which was transferred to the Central Administrative Tribunal, Jabalpur Bench under Section 29 of the Administrative Tribunal Act.
