DEO SHARMA KAUSHIK Vs. THE UNION OF INDIA THROUGH GENERAL MANAGER, THE CHIEF ADMINISTRATIVE OFFICER [BG-CON], THE CHIEF ENGINEER AND THE F.A. AND C.A.O. [PENSION], N.E. RAILWAY

JUDGEMENT

(1.) THE applicant in this OA retired from the post of Chief Inspector of Works under N.E. Railway, Gorakhpur, on 31.08.1996. The last pay drawn by the applicant was Rs. 10,600/ - in the scale of Rs. 7450 -11500/ - [5th CPC scale] and accordingly his monthly pension was calculated and sanctioned by the competent authority as Rs. 5264/ - on the basis of 50% of average pay and qualifying service of 33 years. The applicant has claimed that his qualifying service was more than 36 years and as such, he should have been granted monthly pension at the rate of 50% of the pay of Rs. 10,600/ - which works out to Rs. 5300/ -. In this connection, he has referred to para 201 of Railway Board Circular RBE No. 8/99 dated 15.01.1999. He has further stated that consequentially on revision after 6th CPC as on 01.01.2006, his pension has been fixed as Rs. 11,898/ - instead of Rs. 11,978/ - per month.

(2.) THE applicant has cited judgments of Hon'ble Supreme Court of India reported in : 1996 SCC [L&S] 1384; S.R. Bhanraley v. U.O.I. & Ors., and, ATJ 2003 [2] SC 255; S.K. Mastan Bee v. U.O.I. & Ors.

(3.) THE respondents have filed written statement wherein they have submitted that the instant case is hopelessly barred by limitation. The cause of action arose when his pension was fixed after 5th CPC revision i.e. in 1996 but he raised his grievance for the first time in 2011 and filed this OA in 2012.