UNION OF INDIA Vs. J.SEBASTIAN

JUDGEMENT

(1.) Aggrieved by the order of the Central Administrative Tribunal, Ernakulam Bench ('Tribunal' for short), in O.A.No.180/0048/2017 dated 15.11.2018, the petitioners are before us, questioning the propriety of the impugned order granting relief to the respondent herein in the form of compassionate allowance equivalent to half the pension which would have been admissible to him had he retired on the date of dismissal from service.

(2.) The respondent is a 74 year old man, who served the Railways for 16 years between 1968 to 1984 as Fitter Khalasi. He along with two others, namely, P.K.Narayanan Nair and I.Solomon, were dismissed from service for having been found near the LSK Siding by the side of Time office, Carriage Repair Shop, Erode on 12.12.1982, with intention to commit theft of brass materials from the wagon loaded and stabled near LSK Sliding, while they were on off-duty, and thereby failed to maintain absolute integrity and behaved quite unbecoming of a Railway servant, violating Rule 3(I)(i) and (iii) of the Railway Services (Conduct) Rules, 1966. In the case of two other co-accused referred to above, the penalty of Narayanan Nair was reduced to one of compulsory retirement and that of Solomon was modified to one of compulsory retirement with reduction of pensionary benefits to one-third of what he would have got had he retired from service on 17.11.1984. Solomon challenged the aforesaid decision before the CAT, Madras, and on direction of the Tribunal to reconsider the matter and it was decided to treat the period from 17.11.1984 to 31.12.1985 as if he would have been in service and retired on 31.12.1985 on superannuation and he was found entitled for the pay and allowances for the period from 17.11.1984 to 31.12.1985 and pensionary benefits with effect form 01.01.1986 without any further proceedings.

(3.) The respondent, after his dismissal on 17.11.1984 was wandering, and his whereabouts were not known to anyone. After returning home in 2005, he made a representation requesting for compassionate allowance. But the same was never taken up for consideration for more than a decade. He approached the Tribunal at Ernakulam by filing O.A.No.638/2016 and the Tribunal directed the petitioners herein to consider his application for compassionate allowance. Vide Annexure A5 dated 24.11.2016, his representation was dismissed.