UNION OF INDIA Vs. PRATAPBHAI MANSING

JUDGEMENT

(1.) The present petition is filed by the Union of India through Ministry of Railway with General Manager, Western Railway and Divisional Railway Manager (E), Western Railway, Baroda, being aggrieved by judgment and order dated 13.9.2005 passed in O.A. No.159 of 2005.

(2.) The controversy involved in this matter is that the original petitioner, who was granted temporary status on 30.3.1986, was absorbed on regular basis on 15.11.1996. Thereafter, he retired on reaching the age of superannuation on 31.5.2000. The question arose about the grant of pension to this petitioner for which he approached the Railways by filing a representation on 26.8.2000. But that representation was disposed of by the Railways and therefore, the petitioner approached the Central Administrative Tribunal by filing O.A. No.85 of 2004. The said O.A. was decided by the Central Administrative Tribunal by direction to the Railways to decide the representation within 15 days.

(3.) The representation was decided by the Railways by order dated 16.4.2004 and it was conveyed to the petitioner that as he has not completed 10 years qualified service to receive pension, he cannot be paid any pension. According to Railways, the qualifying service of the petitioner was only 8 years 7 months and 15 days. This was on the basis that the service put in by the petitioner with temporary status until he was absorbed on regular basis, could be considered only to the extent of 50% towards qualifying service.