CourtKutchehry.com
Tribunals and CommissionsSingle Bench(2019) 08 CAT CK 0005

Sita Ram vs Union Of India And Ors.

Central Administrative Tribunal · Decided on 6 August 2019

HON’BLE JUDGES
Nita Chowdhury, Member (A)
RESULT
Disposed Off
CASE NUMBER
Original Application No. 1348 Of 2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 357 words
1.

The applicant has filed this OA, seeking the following reliefs:-

"8.1 That this Hon"ble Tribunal may be graciously pleased to allow this application and direct the respondents to treat the entire period from 10.11.1985 to the date of superannuation as qualifying service for pensionary benefits and the period from the initial appointment to the date when temporary status was acquired, 50% of the period has to be treated as qualifying service.

8.2 That the Hon"ble Tribunal may further be pleased to pass any other or further order as may be deemed fit and proper on the facts and circumstances of the case.

8.3 That the Hon"ble Tribunal may be graciously pleased to grant costs against the respondents and in favour of the applicant."

2.

Mr. Satpal Singh, learned standing counsel, appears on receipt of advance notice for the respondents.

3.

When the matter is taken up, learned counsel for the applicant draws our attention to the fact that the service of the applicant of this OA from 1985 to 06.11.2001 has not been counted by the railway authorities for the pensionary benefits in accordance with the judgment of the Hon"ble Supreme Court in the case of Union of India Vs. Rakesh Kumar & Anr. The applicant has also submitted a representation dated 05.08.2018 in this regard which is placed at Annexure A/6 of this OA and in which he has stated the above facts and has asked the respondents to calculate his pension from the date of his appointment, i.e., 10.11.19885 to 31.08.2018 as per the decision of the Hon"ble Supreme Court but has failed to receive any reply/disposal of the said representation.

4.

In the circumstances, without going into the merits of this case, we direct the respondents to decide the aforesaid representation dated 05.08.2018 in light of the decision of the Hon"ble Supreme Court in the case of Rakesh Kumar (supra), through a detailed speaking order thereon, within a period of 60 days of receipt of a copy of this order.

5.

With the above directions, the OA stands disposed of at the admission stage itself. Pending MA No. 1500/2019 is also disposed of.