UNION OF INDIA Vs. SHASHI BAI

JUDGEMENT

(1.) THE writ petition has been preferred by Union of India through secretary, Ministry of Railways and others assailing the order passed by the central Administrative Tribunal, Jabalpur Bench, Jabalpur in OA No. 154/200? the Tribunal has directed to grant benefit of exgratia pension to Kamla Prasad who died during pendency of this petition and is succeeded by the widow.

(2.) THE facts in short are that Kamla Prasad was appointed as Diesel Assistant on 28. 9. 1951 and he has resigned from the services of Railways on 17. 11. 1977 he has rendered more than 26 years services. He had opted for pension while in service, he had applied for exgratia pension, there was no response till 15. 3. 2001. he was advised by communication (A/1) dated 15. 3. 2001 that he was not entitled for exgratia pension because he had resigned from the services on 17. 11. 1977 Consequently, original application was preferred before the Tribunal petitioner relied upon the decision in A. P. Shukla vs. UOI and Ors. rendered by central Administrative Tribunal, Jabalpur Bench, Jabalpur in OA No. 623/1991, decided on 13th October, 1995 and decision of Apex Court in M/s J. K. Cotton spg. and Wvg. Mills Company Ltd. , Kanpur vs. State of U. P. and others AIR 1990 sc 1808. Prayer was made to treat the resignation as voluntary retirement and to release the pension in terms of Section 102 of Railway Pension Rules, 1950.

(3.) THE case set up by the respondent is that its a case of resignation. In the case of resignation even ex-gratia pension is not admissible, employee had not opted for pension scheme otherwise he would not have received the benefit of srpf (C) after his retirement. Thus, the claim for exgratia pension has rightly been rejected.