UNION OF INDIA Vs. K LAL

JUDGEMENT

(1.) Challenge in this application is to the order dated 18th March, 2005, passed by the Central Administrative Tribunal, Patna Bench, Patna ( in short `Tribunal') in O.A.No. 511 of 2003 (Shri K.Lal vs.The Union of India & Ors.), whereby the learned Tribunal directed the Railway authorities (writ petitioners herein), to count the period of service w.e.f. 05.04.1948 to 03.11.1959, rendered by the respondent herein under the State Government for the purpose of pension.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The respondent herein served the State Government as Assistant Teacher between 05.04.1948 to 03.11.1959. On 07.11.1959, he joined the Indian Railways as Assistant Teacher and started functioning as such. He continued till 28.02.1982, and he demitted his office on attaining the age of superannuation. It appears that the respondent made a representation before the Railway authorities to count his service rendered under the State Government. The matter remained pending which prompted the respondent to approach the Tribunal by filing O.A.No. 586 of 2002. By order dated 24.07.2002, the original application was disposed of by directing the respondent to make a representation, and the authorities had to dispose of the same by a reasoned order. The respondent accordingly made a representation before the railway authorities which was considered and rejected by an order dated 16.01.2003 (Annexure-2), which was impugned before the Tribunal.

(3.) We heard the parties and perused the materials on record. It appears from the order dated 16.01.2003 (Annexure-2), and the order passed by the learned Tribunal, that the claim of the respondent was resisted on the ground that the notification under which the respondent made the claim was issued by the appropriate Government on 31.03.1982, whereas the respondent had superannuated from service on 28.02.1982. Learned Tribunal in paragraph nos. 6 and 7 of its order observed as under:-