Central Administrative Tribunal - Ernakulam
Chandradasan P vs The General Manager M/O Railways on 2 January, 2018
..
.I
• .1.
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
R.A.No.180/00068/2017 in O.A.No.180/00027/2016,
R.A.No.180/00069/2017 in O.A.No.180/00423/2015,
R.A.No.180/00070/2017 in O.A.No.180/00215/2015,
R.A.No.180/00071/2017 in O.A.No.180/00485/2016
& R.A.No.180/00072/2017 in O.A.No.180/00992/2014
1'ves~
CORAM:
HON'BLE Mr.U.SARATHCHANDRAN, JUDICIAL MEMBER
HON'BLE Mr.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER
R.A.No.180/00068/2017 in O.A.No.lS0/00027/2016
Parol Chinnan, S/o.Ayyappan,
Retired as Technician Grade-l(CON)/
Engg/BBS East Coast Railway, Bhubaneswar.
Residing at Kokkak~d House, Pulliparambu P.O.,
Via Chelambra, Malappuram District, Kerala State. ... Review Applicant
(By Advocate Mr.R.Premchand)
Versus
1. Union of India represented by the General Manager,
East Coast Railway, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar- 751 017.
2. Financial Advisor and Chief Accounts Officer (Pension),
East Coast Railway, 2nd Floor, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar - 751 017.
3. The Senior Personal Officer(Con/Coordination),
East Coast Railway, Chandrasekharpur,
Bhubaneswar - 751 023. ...Review Respondents
(By Advocate Mr.Sunil Jacob Jose)
R.A.No.180/00069/2017 in O.A.No.lS0/00423/2015
T.Vasu, S/o.Koru.T.,
Retired as Technician Grade- I,
Engg(Con)/CTC, Khurda Division, East Coast Railway.
Residing at Erankandari House, Via Tirurangadi, Velimukku Post,
Malappuram District, Kerala State- 676 317. ...Review Applicant
(By Advocate Mr.R.Premchand)
' I
• .2.
Versus
1. Union of India represented by the General Manager,
East Coast Railway, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar- 751 017.
2. The Chief Personnel Officer,
East Coast Railway, 2"d Floor,
E.Co.Rly Sadan, Chandrasekharpur,
Bhubaneswar - 751 017.
3. Financial Advisor and Chief Accounts Officer (Pension),
East Coast Railway, 2"d Floor, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar- 751 017.
4. The Senior Divisional Finance Manager,
·Divisional Office, East Coast Railway~
Khurda Road- 752 050.
5. The Senior Personal Officer (Con/Coordination),
East Coast Railway, Chandrasekharpur,
Bhubaneswar - 751 023. ... Review Respondents
(By Advocate Mr.Sunil Jacob Jose)
R.A.No.180/00070/2017 in O.A.No.180/00215/2015
Chandradasan.P.,
S/o.Karapputty,
Retired as Tech. Gr.-I,
JE/W/C/CTC, East Coast Railway.
Residing at Peringilipurath House, Chunakara Post,
Alappuzha District, Kerala State - 690 534. ... Review Applicant
(By Advocate Mr.R.Premchand)
Versus
1. Union of India represented by the General Manager,
East Coast Railway, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar -751 017.
2. Financial Advisor and Chief Accounts Officer (Pension),
East Coast Railway, 2"d Floor, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar- 751 017.
3. The Chief Personnel Officer,
East Coast Railway, 2"d Floor,
E.Co.Rly Sadan, Chandrasekharpur,
Bhubaneswar- 751 017.
' J
• .3.
4. The Senior Divisional Finance Manager,
Divisional Office, Khurda Division,
East Coast Railway, Khurda Road -752 050.
5. The Senior Personal Officer,
Construction/Co-ordn, East Coast Railway,
Bhubaneswar- 751 023. ... Review Respondents
(By Advocate Mrs.K.Girija)
R.A.No.180/00071/2017 in O.A.No.180/00485/2016
Narayanan Nair M,
S/o.Madhavan Nair,
Mangattayil House, Tenhipalam Post,
Malappuram District, Kerala State- 673 636.
Retired as Technician Grade- I/Con/
ANGL, East Coast Railway. ...Review Applicant
(By Advocate Mr.R.Premchand)
Versus
1. Union of India represented by the General Manager,
East Coast Railway, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar - 751 017.
2. Financial Advisor and Chief Accounts Officer (Pension),
East Coast Railway, 2nd Floor, E.Co.Rly Sadan,
Chandrasekharpur, Bhubaneswar -751 017.
3. The Senior Divisional Finance Manager,
Divisional Office, East Coast Railway,
Khurda Road- 752 050.
4. The Senior Personal Officer, (Con/Co-ord),
East Coast Railway, Chandrasekharpur,
Bhubaneswar - 751 023. ...Review Respondents
(By Advocate Mr.Sunil Jacob Jose)
R.A.No.180/00072/2017 in O.A.No.180/00992/2014
Soman N, S/o.Narayanan Achari,
Retired as Technician Grade- I Carpenter,
Office of the Senior Section Engineer,
Permanent Way, Mavelikkara,
Under the Trivandrum Division of the Southern Railway.
Residing at Karthika Nivas, Kallimel Post,
Mavelikkara, Alappuzha District. ... Review Applicant
(By Advocate Mr.R.Premchand)
y
''
• .4.
Versus
, 1. Union of India
represented by the General Manager,
Southern Railway, Park Town, Chennai- 3.
2. The Divisional Railway Manager,
Divisional Officer, Trivandrum Division,
Southern Railway, Thiruvananthapuram- 695 014.
3. The Divisional Personal Officer, Personnel Branch,
Trivandrum Division, Southern Railway,
Thiruvananthapuram- 695 014. ...Review Respondents
(By Advocate Mrs.K.Girija)
~hese review :fplications having been he~rd on 12th Dece~ber 2017,
the Tnbunal on 2-n '!CV!'\v4 2018 delivered the followmg:
,
ORDER
HON'BLE Mr.U.SARATHCHANDRAN, JUDICIAL MEMBER In these Review Applications the review applicants are the applicants in the O.A. They seek a review of the common order passed by this Tribunal dated 24.10.2017 in O.A.Nos.992/2014, 215/2015, 423/2015, 27/2016 and 485/2016. They contend that an error has occurred to this Tribunal in Annexure RA-1 order at para 9 wherein this Tribunal, while relying on the Apex Court ruling in Rakesh Kumar & Others Vs. Union of India & Others (C.A.No.3938/2017 dated 24.3.2017), had failed to reckon the 50% of the casual service rendered by a casual worker before he obtained temporary status for the purpose of pension. The operative portion of Annexure RA-1 order is as follows :
"9. In the result, respondents are directed to pay gratuity under the Gratuity Act in terms of Annexure A-5 Railway Board order to the applicants provided that they bring sufficient proof that they have continuous service of five years in accordance with Section 4 Payment of Gratuity Act, 1972 read with Section 2(a) of that Act. It is made clear that in the light of the Apex Court ruling in Rakesh Kumar's case (supra) y .
• .5.
applicants will be entitled to reckon only 50% of the service rendered while they were on temporary status for the purpose of determining the gratuity payable under the Pension Rules for the regular service. Ordered accordingly."
2. Of course, we note that in the above quoted portion of the order this Tribunal has ordered only to reckon 50% of the service rendered by the applicants in the O.As while they were on temporary status for the purpose of determining the gratuity payable under Pension Rules for the regular service. However, as per the Apex Court ruling in Rakesh Kumar's case 50% of the casual service rendered by the applicants before obtaining the temporary status also has to be added. Accordingly the second sentence in the afore- quoted order will be read as follows:
" It is made clear that in the light of the Apex Court ruling in Rakesh Kumar's case (supra) applicants will be ·entitled to reckon 50% of the service rendered while they were on temporary status and 50% of the casual service they have rendered before obtaining temporary status for the purpose of determining the gratuity payable under the Pension Rules for· the regular service. Ordered accordingly."
3. Annexure RA-1 order is modified as above. Before parting with these matters we wish to refer to the submissions of Smt.K.Girija, learned counsel for the respondents in R.A.No.180/70/2017 and R.A.No.IS0/72/20 17 that in cases where the applicants have not completed five years of service they will not be entitled to gratuity. This being the statutory provision we feel that no clarification or review is required.
;/' ';
• .6.
4. The Review Applications are disposed of accordingly.
5. Incorporate copy of this order in each Review Applications.
(Dated this the 2nd day of January 20 18)
(E.KBtRAT B~SH~
ADMINISTRATIVE MEMBER
~ '\."-'1',..__..,.--
(U.SARATHCHANDRAN)
JUDICIAL MEMBER
asp
r •
I
• .7.
List of Annexures in R.A.No.180/00068/2017 in O.A.No.180/00027/2016
1. Annexure RA-1 - True copy of the order in O.A.No.27/2016 of this Tribunal dated 24.10.2017.
List of Annexures in R.A.No.180/00069/2017 in O.A.No.180/00423/2015
1. Annexure RA-1 - True copy of the order in O.A.No.423/2015 of this Tribunal dated 24.10.2017.
List of Annexures in R.A.No.180/00070/2017 in O.A.No.180/00215/2015
1. Annexure RA-1 - True copy of the order in O.A.No.215/2015 of this Tribunal dated 24.10.2017.
List of Annexures in R.A.No.180/00071/2017 in O.A.No.180/00485/2016
1. Annexure RA-1 -True. copy of the order in O.A.No.485/2016 of this Tribunal dated 24.10.2017.
List of Annexures in R.A.No.180/00072/2017 in O.A.No.180/00992/2014
1. Annexure RA-1 - True copy of the order in O.A.No.992/20 14 of this Tribunal dated 24.10.2017.