(1.) THIS is a hard case wherein the applicant is seeking his retiral benefits, after undergoing a series of adverse service related situations and personal tragedies. He was retired on medical grounds on 15 -4 -2004. The applicant states that having been initially appointed as Assistant Good Clerk on 04 -12 -1968 he was last promoted to the post of Head Goods Clerk on 19 -10 -1991. He was due for promotion to the post of Chief Goods Clerk w.e.f. 1 -3 -1993/19 -10 -1993, but he was denied of that promotion. He was further denied promotion to the post of Chief Goods Supervisor also. On account of institution of a CBI case he remained under suspension from 23 -11 -1994 to 30 -3 -1998 continuously for three years two months and three days without reviewing the case, without enhancing the subsistence allowances and without deciding on how to treat the period of suspension. No disciplinary action under the Railway Servants (D & A) Rules, 1968 was taken by the departmental authorities. In the year 2003 he suffered a severe paralytic attack and had to undergo treatment for about a year. He was referred to J.R. Hospital, Mumbai, where the C.M.D. constituted a Medical Board which examined him on 3 -4 -2004. He was found unfit to work in any category in the Indian Railways including handicapped quota and hence he was invalidated from further Railway service on 15 -4 -2004. The applicant was to retire on superannuation on 31 -3 -2005, but he was retired on medical grounds from the post of Head Goods Clerk without issuing any Memorandum and without giving him any letter as to retirement on medical grounds in violation of provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He had to suffer monetary loss because of the withholding of his due retirement benefits. He was issued a Pension Payment Order dated 19 -4 -2005 to be paid only provisional pension, after more than one year of his retirement on medical grounds.
(2.) THE applicant further states that his physical health was deteriorating which has affected the mental and physical health of his wife also. He lost his wife on 23 -1 -2006 and he was left behind with four daughters and a physically handicapped father, confined to bed. According to the applicant, none of the officers in the welfare branch of the respondents had visited him or assisted him while he was in hospital or after his retirement to help and guide him for filing necessary papers for retirement benefits. Nothing was done from the welfare department to help him in availing of commutation of his pension and for payment of the DCRG amount. No assistance was given for appointing one of his daughters on compassionate grounds. In the year 2010 one of his colleagues advised him to claim the promotion due to him as Chief Goods Clerk and Chief Goods Supervisor and to claim the consequential retirement benefits. Accordingly, he filed OA/148/2010 before this Tribunal. This Tribunal by Annexure -A/2 order dated 11 -10 -2010 directed the respondents to consider the said OA as his representation and to dispose of the same within three months and also directed to pass a speaking order in the event of denial of any of his claims. The applicant further states that CBI Case No. 37/1994 was disposed of by acquitting him by order dated 31 -8 -2009.
(3.) THE applicant states that since he was retired on medical grounds as Head Goods Clerk and since he was denied subsequent promotion to the post of Chief Goods Clerk and subsequently as a Chief Goods Supervisor, which were due from 7 -8 -1995 and 4 -9 -2001 respectively alongwith consequential benefits, he filed OA/194/2011. This Tribunal vide Annexure -A/6 order dated 26 -3 -2012 directed the respondents to abide by the assurance given by the learned Counsel for the respondents in that OA that promotion to the post of CGC had been given and consequent action as per his entitlement to the post of CGC would be completed within three months from the date of receipt of that order. Accordingly, the applicant made another representation dated 21 -3 -2012 (marked as Annexure -A/7) to the respondents to which also there was no response at all. A revised Pension Payment Order dated 18 -6 -2012 marked as Annexure -A/1 was issued, but there was no payment of the admissible consequential monetary benefits except that he has been paid an amount of Rs. 45,841/ - by cheque dated 29 -6 -2012.