(1.) The petitioner, by way of this writ petition, while challenging the order dtd. 15/2/2011 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.142 of 2009 under Annexure-9, so far as it relates to not awarding any compensation for withholding complementary railway passes and compensation towards daily up and down journey expenses from Cuttack to Chandrasekharpur, Bhubaneswar with honourarium/wages/salary from the date of retirement till handing over charges, seeks direction to the railway authorities to grant such compensation and award interest for delay in disbursing the same and also DCRG to the petitioner.
(2.) The factual matrix of the case, in brief, is that the petitioner was working as Sr. Clerk/Head Clerk -cum-Vehicle in charge in the office of the Deputy Chief Engineer (Construction), East Coast Railway. He received a letter on 31/8/2007 of Senior Engineer (Head Quarter), with approval by the competent authority of the office of the Principal Chief Engineer, Bhubaneswar, to handover all running files, Cash Imprest, Pass and PTO books to one K.C. Sharma with immediate effect, with a further note that the petitioner will clear all store in his charge after proper accounting before his retirement, i.e. on 31/10/2007, to which the petitioner complied. In spite of issuance of such letter, since the authority did not take any steps for taking the left over items like T.P. items, C.S. items, Condemned vehicles and motor trolley, unserviceable tyres, tubes and batteries, all released materials and relevant old records etc., the petitioner wrote a request letter to the Deputy Chief Engineer (General) to pass orders indicating the name of the person to whom the above items were to be handed over. In turn, the Deputy Chief Engineer (General), Bhubaneswar also issued a memorandum stating that since the petitioner will retire from service with effect from 31/10/2007 (AN) on attaining the age of superannuation, the controlling officers to furnish the debit/no claim certificate within 15 days in favour of the petitioner, and that if no such certificate was received by the office within the aforesaid period, it will be presumed that there was no outstanding against the petitioner and he will be allowed to retire on superannuation with effect from 31/10/2007. On the basis of the petitioner's representation AEN (settlement) from the office of the Principal Chief Engineer, Bhubaneswar, vide letter dtd. 15/10/2007, instructed K.C. Sharma to take over all relevant documents from the petitioner, so as to enable him to be superannuated on 31/10/2007. On the basis of such letter, the petitioner also requested to Mr. Sharma to take charge of the left over materials, but, he, after partially receiving the charges of stores, refused to take over the remaining items. So, the petitioner submitted a detailed representation to the Chief General Manager, with copies to C.P.O., Dy. CE/S.P.O. and others with a prayer to arrange for taking over charges and pay the final settlement dues.
(3.) Mr. C. Ananda Rao, learned Senior Counsel appearing along with Mr. S.K. Behera, learned counsel for the petitioner vehemently contended that due to no fault of the petitioner, he has been put to difficulties. As such, admittedly, there was delay in disbursal of DCRG amount, and till date the compensation amount towards withholding of complementary railway passes, as well as towards daily up and down journey expenses from Cuttack to Chandrasekharpur, Bhubaneswar has not been paid to the petitioner. Therefore, he is entitled to get compensation in compliance of the provisions contained in the Railway Services (Pension) Rules, 1993 and the same having not been adhered to, he has approached this Court by filing this writ petition. To substantiate his contentions, he has relied upon the judgment of the apex Court in D.D. Tewri (D) Thr. LRs. Vrs. Uttar Haryana Bijli Vitran Nigam Ltd. and others, AIR 2014 Supreme Court 2861.