AI Structured Summary
Not yet generated for this judgment
Judgment
Per Smt. Urmita Datta (Sen), Judicial Member:
M.A. 771/2026 has been filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein. The applicants are accordingly allowed to pursue the remedy jointly.
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief:
“(a)Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as the applicants have a common grievance.
(b)To pass an appropriate order directing upon the respondent Railway Authority to count the half of the casual service of the applicants and full service from the date of temporary status till regularization as pensionable service for the purpose of pensionary benefits and retiral benefits and the respondent be further directed to recalculated the pension with arrears from due date in respect of the applicants who have retired i.e. the date of superannuation with all incidental benefits after counting the half of the casual service and full service from the date of grant of temporary status till regularization within a specific period of time in the light of the order passed by the Learned Central Administrative Tribunal, Patna Bench in OA No. 117 of 2007 and the judgment order dated 29.04.2013 passed by the Hon’ble High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 20174 of 2017 and the order passed by the Hon’ble Supreme Court in Special Leave to Appeal (Civil No. 20041/2008) and in the light of the decision rendered by this Hon’ble Tribunal in OA No. 01472 of 2015 dated 21.01.2016 which also affirmed by the Hon’ble High Court at Calcutta.
(c ) To declare that all the applicants being the similarly circumstanced persons are entitled for the same benefit as has been granted in railway respondent in favour of Shri Santosh Deb and others vide office order dated 20.01.2017 issued by the CAO/Construction/Eastern Railway by counting their full temporary status period of service as qualifying service for pension and other retiral benefits of arrears with interest and all incidental benefits whereas the case of the present applicants has been discriminated, now the present applicants are entitled to get the same benefit as has been granted in the case of Shri Santosh Deb and others in OA No. 350/1472/2015 by this Hon’ble Tribunal with all consequential benefits.”
It is the grievance of the applicants that, with respect to their claim for grant of pension, they have already preferred representations dated 26.06.2026 (Annexure A/3) but till date the applicants have not received any response. Hence, this OA.
Therefore, as per the learned counsel for the applicants, presently it would suffice the purpose of the applicants if the Respondents be directed to consider their representations dated 26.06.2026 in the light of the judgment passed by the Hon’ble Apex Court in the case of Union of India & Ors. vs. Sarju in SLP (C ) Appeal No. 20041/2008 treating this O.A as part of their representations.
Heard learned counsel for both sides and perused the records.
Since the applicants have made an innocuous prayer for consideration of their representations, we direct the Competent Respondent Authority to consider the representations of the applicants dated 26.06.2026 (Annexure A/3) by treating this O.A as part of it and communicate their decision to the applicants by way of a reasoned and speaking order within a period of 3 months from the date of receipt of copy of this order. It is also directed, if the applicants are found entitled to the relief as claimed, the same may be extended within the aforesaid period, with follow up action, if any.
In view of above, the O.A. stands disposed of at the admission stage itself with no order as to costs. MA also stands disposed of.