Case Note & Summary
The judgment pertains to a writ petition filed by the Railway Board and others against an order of the Central Administrative Tribunal (CAT), Bangalore, dated 20.02.2014 in Original Application No.556/2012. The respondent, Rakesh Kumar Saxena, a retired Trained Graduate Teacher from North Western Railway, sought counting of his past service as Assistant Research Officer in ICMR/NMEP Project at Daboi (Baroda, Gujarat) for pensionary benefits under the Railway Service (Pension) Rules, 1993. The Tribunal had allowed his application, directing the petitioners to count his past service. The petitioners challenged this order before the High Court. The High Court examined the relevant rules, particularly Rules 19 and 26 of the Railway Service (Pension) Rules, 1993, and found that the respondent's past service was not covered under these rules as he was not a government servant at the time of his past service. The court held that the Tribunal's order was erroneous and set it aside, dismissing the respondent's application. The court did not award any costs.
Headnote
A) Service Law - Pensionary Benefits - Past Service - Central Civil Services (Pension) Rules, 1972 - Railway Service (Pension) Rules, 1993 - The issue was whether the respondent's past service as Assistant Research Officer in ICMR/NMEP Project could be counted for pensionary benefits under the Railway Service (Pension) Rules, 1993. The court held that the past service was not covered under the relevant rules and the Tribunal's order was set aside. (Paras 2-5)
B) Service Law - Pensionary Benefits - Past Service - Rule 26 of Railway Service (Pension) Rules, 1993 - The court considered whether the respondent's past service could be counted under Rule 26. The court held that the past service was not covered under Rule 26 as the respondent was not a government servant at the time of his past service. (Paras 3-4)
C) Service Law - Pensionary Benefits - Past Service - Rule 19 of Railway Service (Pension) Rules, 1993 - The court considered whether the respondent's past service could be counted under Rule 19. The court held that the past service was not covered under Rule 19 as the respondent was not a government servant at the time of his past service. (Paras 3-4)
Issue of Consideration
Whether the respondent's past service as Assistant Research Officer in ICMR/NMEP Project can be counted for pensionary benefits under the Railway Service (Pension) Rules, 1993.
Final Decision
The writ petition is allowed. The impugned order dated 20.02.2014 passed in O.A.No.556/2012 by the Central Administrative Tribunal, Bangalore is set aside. The O.A. stands dismissed. No costs.
Law Points
- Service Law
- Pensionary Benefits
- Past Service
- Central Civil Services (Pension) Rules
- 1972
- Railway Service Rules
- Rule 26 of Railway Service (Pension) Rules
- 1993
- Rule 19 of Railway Service (Pension) Rules
Case Details
2014 LawText (KAR) (12) 7
Writ Petition No.33172 of 2014 (S-CAT)
N.S. Prasad (for petitioners), Rakesh Kumar Saxena (party in person)
Railway Board, Ministry of Railways, New Delhi; The General Manager, North Western Railway, Jaipur; The Divisional Railway Manager, North Western Railway, Jaipur
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order of Central Administrative Tribunal regarding counting of past service for pensionary benefits.
Remedy Sought
Quashing of order dated 20.02.2014 in O.A.No.556/2012 passed by Central Administrative Tribunal, Bangalore.
Filing Reason
The petitioners (Railway Board and others) challenged the Tribunal's order which directed counting of respondent's past service as Assistant Research Officer for pensionary benefits.
Previous Decisions
Central Administrative Tribunal, Bangalore allowed O.A.No.556/2012 on 20.02.2014 directing petitioners to count respondent's past service.
Issues
Whether the respondent's past service as Assistant Research Officer in ICMR/NMEP Project can be counted for pensionary benefits under the Railway Service (Pension) Rules, 1993.
Submissions/Arguments
Petitioners argued that the respondent's past service was not covered under Rules 19 and 26 of the Railway Service (Pension) Rules, 1993 as he was not a government servant at that time.
Respondent argued that his past service should be counted for pensionary benefits.
Ratio Decidendi
The respondent's past service as Assistant Research Officer in ICMR/NMEP Project was not covered under Rules 19 and 26 of the Railway Service (Pension) Rules, 1993 as he was not a government servant at the time of his past service. Therefore, the Tribunal's order directing counting of such past service for pensionary benefits was erroneous and set aside.
Judgment Excerpts
As the facts unfold, the respondent herein was working as Assistant Research Officer in ICMR/NMEP Project at Daboi (Baroda, Gujarat); his services were terminated by giving one month’s notice; he worked as District Epidemiologist
The order dated 20.2.2014 passed in Original Application No.556/2012 by the Central Administrative Tribunal, Bangalore is sought to be quashed in the present writ petition.
Procedural History
The respondent filed Original Application No.556/2012 before the Central Administrative Tribunal, Bangalore seeking counting of his past service for pensionary benefits. The Tribunal allowed the application on 20.02.2014. The petitioners (Railway Board and others) challenged this order by filing Writ Petition No.33172 of 2014 before the High Court of Karnataka at Bangalore. The High Court heard the matter, reserved orders on 01.12.2014, and pronounced the final order on 10.12.2014.
Acts & Sections
- Constitution of India: Articles 226, 227
- Railway Service (Pension) Rules, 1993: Rules 19, 26
- Central Civil Services (Pension) Rules, 1972:
