Tribunals and CommissionsSingle Bench(2026) 09 CAT CK 5137

Dayashankar Tiwari vs Union Of India & Ors.

Central Administrative Tribunal · Decided on 14 September 2026

HON’BLE JUDGES
Rajnish Kumar Rai, Member (J)
RESULT
Disposed Of
CASE NUMBER
Original Application No.1046 of 2026

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Judgment

13 paragraphs · 418 words

ORDER

Learned counsel for the parties are present and heard.

2.

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:-

“A. Quash and set aside the Impugned Order dated 22.01.2026. Direct the respondents to restore the original pay and calculate all pensioners benefits PPO, Gratuity, Leave Encashment based on the pay of 66,000 and refund any amount already recovered, with 18 % interest.

B. Issue an order or direction in the nature of mandamus commanding the respondents to consider/ decide the representation dated 05.05.2026 pending before Respondent No. 2 Chief Workshop Manager/ Personnel North Eastern Railway, Gorakhpur of the applicant by a reasoned and speaking order.

C. Issue any,, order or direction which this Hon’ble Court deem fit and proper in view of the facts and circumstances of the case.

D. To award costs of the application in favour of the Applicant.

3.

Learned counsel for the applicant submits that the applicant retired from the post of Senior Technician (Painter) under SSE/C&W on 31.01.2026. He further submits that, at the time of his retirement, his last pay drawn was modified and his PPO was issued on the basis of such modified last pay drawn. It is submitted that the said action was taken in violation of the principles of natural justice. Aggrieved by the said action, the applicant submitted a representation dated 05.05.2026 before the competent authority. At this stage, learned counsel for the applicant confines his prayer to a direction to the respondents to consider and decide the aforesaid representation by passing a reasoned and speaking order.

4.

Learned counsel appearing for the respondents seeks time to apprise this Court in the matter.

5.

Considering the limited prayer made by the applicant, this Tribunal is of the view that the Original Application may be disposed of at the admission stage with a direction to Respondent No. 2/competent authority to consider and decide the representation dated 05.05.2026 by passing a reasoned and speaking order, in accordance with law, within a period of three months from the date of receipt of a certified copy of this order.

6.

Accordingly, the instant Original Application stands disposed of with the above-mentioned directions.

7.

It is made clear that this Tribunal has not entered into the question of delay, laches, or the merits of the applicant’s claim. All issues are left open for consideration by the respondents.

8.

All pending M.A.s, if any, stand disposed of. No order as to costs.