LAWS(DLH)-2008-7-309

DEEN BANDHU Vs. UNION OF INDIA

Decided On July 29, 2008
DEEN BANDHU Appellant
V/S
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

(1.) THE petitioner has challenged the judgment dated 30.11.2007 of Central Administrative Tribunal, Principal Bench, Delhi, by which his O.A. seeking relief of pension, DCRG, leave encashment etc. was dismissed as not maintainable since the relief claimed by the petitioner had already been adjudicated by the Chandigarh Bench of Tribunal.

(2.) THE case of petitioner is that he was appointed with the respondent on 7.7.1951 as a Loco -Driver. He was lastly posted at Bhatinda from where he retired on 31.10.1985. He claims to be a pension optee but was never paid his pension. During his posting at Bhatinda there was some dispute about the railway quarter allotted to him and his transfer to Ghaziabad. Petitioner filed a civil suit at Bhatinda in the year 1982 challenging his transfer, seeking permanent injunction restraining respondents from charging penal rent from him and for the grant of arrears of pay, bonus, increment, etc. During the pendency of suit, he retired on the date as is mentioned above. On 22.12.85, the said suit was decreed in his favor.

(3.) THE petitioner made representations to respondent for the grant of pension. Finding no response from respondent, petitioner filed O.A. No. 110 P.B/2005 before CAT, Chandigarh Bench against respondent for release of arrears of pension. The said O.A. was dismissed vide order dated 10.03.2005. Thereafter, as per him he managed to get a photocopy of certified copy of petitioner's "Service Book for Pensionable Staff" and on its strength made representation to respondents but no reply was received. Ultimately he filed OA No. 618/2007 before CAT, Principal Bench, New Delhi which was rejected vide impugned order dated 30.11.2007. Aggrieved with the same, present petition is filed.