M A GOVINDASAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petition is filed for the issuance of a writ of certiorari calling for the entire records in RA.No.31 of 1998 in O.A.No.1522/95 dated 11.11.1998 on the file of the Central Administrative Tribunal and quash the same.

(2.) Heard counsel appearing for the parties.

(3.) In this writ petition, the petitioner has challenged the order dated 11.11.1998 passed by the Central Administrative Tribunal, rejecting the Original Application No.1522 of 1995 filed by the present petitioner. In the said application before the Tribunal, the petitioner had prayed for a direction to treat the entire service as qualifying period of service for the calculation of pension,gratuity etc., The petitioner claimed that he had been initially appointed on temporary basis and the said temporary appointment continued without any break and ultimately the petitioner was confirmed in the said service. Subsequently, he was retired in due course. While calculating the retirement benefits, the service rendered by the petitioner in temporary capacity was calculated at the rate of 50% as qualifying service for the purpose of pensionary benefits. The petitioner had claimed that the entire service including the period during which the petitioner was temporarily employed should be considered. The Tribunal has rejected such application on the ground that as per Railway Board's instructions dated 14.10.1980, only 50% of the temporary benefits on absorption as regular Railway employees and it is observed that merely because the full pension had been granted in respect of further process on erroneous basis, such benefit cannot be extended to the applicant.