LAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The short point that arises for consideration in this case is whether a Railway employee who had exercised his option while still in service for switching over from the non-pensionable Contributory Providend Fund Scheme to the Pension Scheme can be denied the benefit of the said option on the ground that his continuation in service was due to the fortuitous circumstance of his having not been retired on the basis of the date as recorded in his service book.

(2.) The facts of the case giving rise to the present application filed under Section 19 of the Administrative Tribunal Act, 1985 are that the applicant had joined the service of the respondents as Carpenter in the year 1946. According to the applicant, his date of birth was 19th July, 1927 and the same is said to have been mentioned in various official communications as per averment in para 6.4 of the application. On the bails of the said date of birth, the applicant was due for retirement on superanutation on 31st July, 1985 and he was actually retired from service on the said date.

(3.) In 1983, the respondents had given anopportunity to ail the Railway employees governed under the SRPF to switch over to pensionary benefits. It is averred in para 6.7 of the application that in pursuance of the aforesaid circular, the applicant opted for pensionary benefits and gave his option in the requisite form to Respondent No. 2. It appears that no action was taken on the same. The railway Board issued another circular No. F(E) 111/85/EN/1/15, dated 18-6-1965 which gave another opportunity to the Railway staff for exercising their option for the Railway Liberalised Pension Rules. The applicant was again asked to exercise his option for pensionary benefits on 17-7-1985. The Deputy Chief Mechanical Engineer (W), Alambagh, Lucknow, communicated the said option of the applicant to. the Senior Accounts Officer (W), Lucknow, vide his letter dated 20th July, 1983, a copy of which has been filed up the requisite form for payment of pensionary benefits on the basis of his option. However, on 28-7-85. the applicant was informed by the Department that his date of retirement should have been 28-2-1985 but due to some administrative errors/omissions, it bad been wrongly shown as 31-7-85 in the service record of the applicant. The applicant was informed vide letter dated 10-10-1987 filed as Annexure A-1 to the application, that since his case was a policy matter, it could not be considered by the Pension Adalat. Aggrieved by the said communication the present application has been filed.