Central Administrative Tribunal - Hyderabad
Chitrapu Prasada Rao vs M/O Railways on 18 April, 2024
OA.No.020/0162/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
OA.No.020/0162/2020
ORDER RESERVED ON 12.01.2024
DATE OF ORDER: 18.04.2024
CORAM:
HON'BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER
Chitrapu Prasada Rao, s/o late Daniel,
Aged about 77 years, Ex.Chargeman (Erector),
Under Chief Workshop Manager, Jamalpur,
Eastern Railway, Bihar, presently residing at
F-4 Maruti Towers, KRM Colony,
Seethammadhara Visakhapatnam,
Andhra Pradesh -530 013. ...Applicant
(By Advocate Mr.B.Rama Mohan Rao)
Vs.
1. Union of India, rep. by General Manager,
Eastern Railway, Fairlie Place, 17, NS Road,
Kolkata, West Bengal State - 700 001.
2. Chief Workshop Manager, Jamalpur Workshop,
Eastern Railway, Jamalpur Bihar State-811 214.
3. Principal Chief Personnel Officer,
Eastern Railway, Fairlie Place, 17, NS Road,
Kolkata, West Bengal State - 700 001.
4. Principal Financial Advisor,
Eastern Railway, Fairlie Place, 17, NS Road,
Kolkata, West Bengal State - 700 001.
5. Workshop Personnel Officer, Jamalpur Workshop,
Eastern Railway, Jamalpur Bihar State-811 214.
....Respondents
(By Advocate Mr.P.Narayana, Sr. PC for CG)
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OA.No.020/0162/2020
ORDER
PER HON‟BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER The applicant has filed this OA seeking the following relief:
"To direct the respondents to reconstruct the Service Records and other relevant records based upon the documents furnished by the Applicant and to grant the Retirement benefits including pro-rata pension since 31.10.1977 by quashing and setting aside the proceedings No.Sett/Pen/Pro-rata Pen./Pt.1 Jamalpur, dated 06.09.2019, and also direct to pay the arrears of pension by way of revision from time to time with interest @ 8% per annum and pass such other order or other orders as this Tribunal deems fit and proper in the interest of justice."
2. The brief facts of the case are that the applicant was appointed as Trainee Charge Man-B on 18.07.1966 in scale Rs.205-280 (AS) under 2nd respondent. After successful completion of training period one year, he was posted as Chargeman-B at Kancharapara under Eastern Railway. Subsequently, he was transferred to Jamalpur Workshop as Charge Man-B (Errector Boiler Shop) in the sale pay of Rs.425-700 vide order dated 18.07.1967 along with others.
3. The applicant has further submitted that pursuant to the notification for the post of Assistant Engineer given by the Bharat Coking Coal Ltd. Dhanbad, had applied through proper channel while working as Charge Man-B I, Jamalpur Workshop, and got selected. On 18.09.1975, the applicant was relieved duly providing lien for a period of Two years by the 5 th respondent to join in the Bharat Coking Coal Ltd, vide Staff Order dated 18.09.1975.
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4. The applicant has further submitted that he submitted his technical resignation, which was accepted w.e.f 31.10.1977 on payment of full amount of Foreign Service Contribution and also other loans as indicated in the letter dated 29.10.1979 issued by the 5th respondent. He worked in Bharat Coking Coal Ltd from 1975 to 1978. Thereafter, he applied for voluntary retirement and was permitted go on voluntary retirement with effect from 31.08.2001. After taking voluntary retirement, he had settled at Visakhapatnam, Andhra Pradesh.
5. The applicant has further submitted that having working in the respondent-department for a period of 11 years, 3 months and 14 days from 18.07.1966 to 31.10.1977, he is entitled to get pension and other retirement benefits as per Rule 53 r/w Rule 69 of Railway Services (Pension) Rules 1993 on pro-rata basis. The relevant rule position is reproduced as under:
"53. Pension on absorption in or under a corporation, company or body- (1) A railway servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a body controlled or financed by the Central Government or a State Government shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3), he shall be eligible to receive retirement benefits, if any, from such date as may be determined, in accordance with the orders of the Railway applicable to him. (Authority: Railway Board‟s letter No. F(E)III/2003/PN1/25 dated 20.01.05) Explanation: - Date of absorption shall be- (i) In case a railway employee joins a corporation or company or body on immediate absorption basis, the date on which he actually joins that corporation or company or body; (ii) In case a railway employee initially joins a corporation or company or body on foreign service terms by retaining a lien under the railways the date from which his unqualified resignation is accepted by the railways.
.................................................................................... ..............................................
69. Amount of pension - (1) In the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month‟s emoluments for every completed six-monthly period of service."
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6. The applicant has further submitted that he was waiting with fond hope of getting pro-rata pension automatically to be settled by the respondents as per the above Rule position and visited the officials personally on number of occasions and requested the concerned official to arrange for payment of retirement benefits including pro-rata pension. As there was no response, he submitted representations dated 09.12.2017 and 05.04.2018. The 3 rd respondent forwarded the same to the 2nd respondent vide letter dated 18.04.2018. As there was also no response, the applicant has submitted further representations dated 08.07.2018 and 08.09.2018 to the 5th respondent. He received a letter vide No.E-5/Set/Pen/P.file of C.P.Rao, Jamalpur, dated 01.09.2018 stating that "Since this is a case of about 42 years old and service record and other related documents are not available in the office. Hence, without any proper documents/Service Record, this office unable to process pension and other benefits in favour of you". In response to the above letter dated 01.09.2018, the applicant submitted representations dated 30.11.2018, 11.01.2019 and 29.01.2019 to the 2nd and 5th respondents along with available documents to reconstruct the service record and for payment of benefits, which are legitimately due to him in terms of Pension Rules. In response, the 2nd respondent vide letter dated 06.09.2019, informed the applicant that "Since this is a case of about 43 years old neither service records nor any other related documents are available in this office as well as Accounts Office, Hence, this office is unable to process pensionary benefits in your favour for want of service record/proper documents", and to take further steps for arranging payment of retirement benefits including pro-rata pension as per rules in vogue.
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7. The applicant has, therefore, submitted that he is a senior citizen having meagre resources of income to eke out his livelihood eagerly waiting for the payment of retirement benefits including pro-rata pension for financial protection and to meet the expenses for the old age related ailments. The grant of retirement benefits including pro-rata pension provides better living conditions and conducive atmosphere to sustain at his fag end of his life, and hence filed this OA seeking for the above said relief.
8. The respondents have contested the OA filing a reply statement. They have stated that the applicant has joined the office of the 2 nd respondent on 18.07.1966 as Apprentice for 5 years with stipend of Rs.150-5-170/-, which every recruitee in the Electrical and Mechanical Engineering Department has to undergo. The applicant, after completing 5 years training/apprentice, had taken charge of regular post as Chargeman-B from the year 1971 and therefore his regular service would be counted from 1971 onwards for the purpose of payment of pension and other retirement benefits.
9. The respondents have further submitted that from 18.07.1966 i.e., under apprenticeship for 05 years from 1966 to 1971 and as a regular Chargeman-B for 04 years and add from 1971 to 18.09.1975 and thereafter the applicant left the respondents‟ department and took employment in Bharath Coking Coal Ltd. at Dhanbad, where he served from 1975 to August 2001. At the time of quitting employment from the respondents‟ department, the applicant took all necessary and relevant papers/certificate for producing the same before the new employer i.e., Bharath Coking Coal Ltd. at Dhanbad.
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10. The respondents have further submitted that after lapse of 17 long years of his voluntary retirement from Bharath Coking Coal Ltd., at Dhanbad, the applicant has submitted his first representation dated 05.04.2018 followed by two reminders seeking payment of pro-rata pension and pensionary benefits from the respondents‟ department. In response, the respondents‟ department gave a reply to the applicant vide letter dated 01.09.2018 informing that the grievances put-forth by him is of 42 years old and therefore the service records and related documents were not available with the respondents‟ office and hence without proper service records and documents, they could not attend to his grievance.
11. The respondents have further submitted that the alleged representation dated 29.01.2019 is not served on the respondents‟ department till date by the applicant while the same was taken as plea and produced before this Tribunal to put them in bad light. Again the applicant represented his grievance before the respondents‟ department, vide letter dated 14.06.2019 seeking pro-rata pension and pensionary benefits for which the respondents‟ department gave a reply, vide letter dated 06.09.2019 stating that the service records of the applicant was not available, as it pertains to 43 years old and hence expressed their inability to attend to his grievance. Instead of providing relevant documents/papers/records to the respondents‟ department to enable them to process his grievance in accordance with the prescribed Pension Rules in force, the applicant has approached this Tribunal by filling the OA seeking indulgence in the matter.
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12. The respondents have further submitted that the applicant has completed only 04 + years as regular Chargeman-B from 1971 to 1975 prior to undergoing Apprenticeship from 1966 to 1971. In other words, the applicant was with the respondent‟s department from July 1966 to August 1975 in total.
13. The respondents have further submitted that the Pension Rules specifies that an employee should at least put in 10 years of service for availing pension and pensionary benefits. The applicant, as on record, has put in oly 04 years and 02 months regular service from July 1971 to 18.09.1975 in the respondents‟ department, as the Apprenticeship prior of 05 years from 19.07.1966 to 1971 would not be counted as regular service for the purpose of payment of pension and pensionary benefits as stipulated under Pension Rules. Thus, the applicant was not entitled to get any pensionary benefits and therefore, his claim over pro-rata pension from the respondent‟s department was not only unjustified, but also unacceptable under any circumstances. By showing all the relevant papers/documents/certificates issued by the respondent‟s department at the time of leaving/quitting the respondents‟ department, the applicant should have claimed service benefits from the office, where he serve from 1975 to 2001 and took voluntary retirement. Moreover, the applicant has not made his employer ie., Bharath Coking Coal Ltd, Dhanbad as party to the OA, and therefore, the applicant is clearly trying to conceal the actual retirement benefits he had received from the said organization and hence the OA is liable to be dismissed on the ground of non-joinder of proper and necessary party.
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14. The respondents have further submitted that they are relying mainly upon the following documents as of now to substantiate their contention with the leave of this Tribunal that other documents, if needed, would be produced at an appropriate time.
i) Copy of Indian Railway Establishment Manual (Second Edition) along with Annexure I, II and III;
ii) Copy of letter No.E 787/O/PEN/Pt.XIII dated 09.09.1988 of Chief Personnel Officer;
iii) Copy of reply letter No.Set/Pen/Pro-rata Pen/Pt.I, dated 06.09.2019 in response to applicant‟s representation dated 14.06.2019.
The respondents have, therefore, contended that the applicant has not made out any case and there is no merit in the OA and prayed this Tribunal to dismiss the OA in its totality with costs.
15. The applicant has filed a rejoinder to the reply statement filed by the respondents denying the contentions of the respondents. He submitted that he was appointed as a Trainee Chargeman on 19.07.1966 and on successful completion of one year training, he was appointed as a temporary chargemen (C) on 18.07.1967. He had served in the Railway for the period from 18.07.1966 to 31.10.1977 with a total service of 11 years 3 months and 14 days. He denied the contention of the respondents that he was appointed as an Apprentice, but in fact he was appointed as Trainee charge men but not as Apprentice. The Apprentice Mechanics who are appointed have to undergo training for a total period of 5 years as per rules pertaining to Apprentice Mechanics. As per letter dated 18.07.1967, it shows that I have been absorbed P a g e | 8 of 14 OA.No.020/0162/2020 as a Trainee Chargemen on completion of training period i.e., one year. Hence, the total period of 5years training under Apprenticeship is not applicable and relevant to his case. He is entitled to get pension and other benefits as per Rule 53 r/w Rule 69 of the Railway Services (Pension) Rules. 1993 on pro-rata basis. He has relied on the propositions and ratio laid down by the Hon‟ble Apex Court in T S Thiruvengadam v. The Secretary to Govt. of India, M/o Finance dated 17.02.1993 and the judgment of the Delhi High Court in S.R.Dutta vs. Secretary, M/o Agriculture & Others dated 03.12.2007 and Union of India & Others vs Mr.V.K.Puri dated 30.07.2010 in W.P.(C) No.6464/2008, wherein the pensionary benefits were granted to the applicant therein on prorate basis for the service rendered prior to joining in service of the erstwhile departments of the Government, and the same squarely covers the subject matter of the present OA, and prayed this Tribunal to allow the OA as prayed for.
16. In support of his submissions, the learned counsel for the Applicant has cited the judgment passed by the Hon‟ble Supreme Court in V.Sukumaran v. State of Kerala & Another in Civil Appeal No.3984/2010, dated 26.08.2020, and the judgments of the Hon‟ble Delhi High Court in Union of India & Others v. Mr.V.K.Puri dated 30.07.2010 in WP.(C) No.6464/2008, and in Union of India & Others v. Pramoo Kumar Pande dated 29.09.2010 in W.P.(C) No.742/2009, and in Shri S.R.Dutta v. The Secretary, Ministry of Agriculture & Others dated 03.12.2007.
17. Heard Mr.B.Rama Mohan Rao, learned counsel for the Applicant and Mr.P.Narayana, learned Senior Panel Counsel for the Respondents, at length, and perused the material placed on record.
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18. The applicant was appointed as Trainee Charge Man-B on 18.07.1966. On 18.09.1975, he was relieved duly providing lieu for a period of two years by the Workshop Personal Officer, Jamalpur Workshop, Eastern Railway, Jamalpur Bihar State i.e., the 5th respondent, to join in the Bharat Coking Coal Ltd, vide staff order dated 18.09.1975. Applicant‟s technical resignation was accepted w.e.f 31.10.1977. He applied for voluntary retirement on 31.08.2001.
19. The applicant is claiming on prorate basis pension and other benefits because he worked in Eastern Railway for 11 years, 3 months and 14 days from 18.07.1966 to 31.10.1977 under Rule 53 r/w Rule 69 of Railway Services (Pension) Rules, 1993. Though he took voluntary retirement in the year 2001 from Bharat Coking Coal Ltd, he made representation to claim prorate pension and other benefits only in 2017, after a gap of seventeen (17) years from Eastern Railways, which he had left in 1975 physically and 1977 technically, which means a gap of forty (40) years. Respondents informed the applicant that his service records are not available, therefore, they could not process his claim.
20. The respondents, in their reply, are emphasizing that the applicant was a trainee for five years from 18.07.1966 to 1971 where he was given a regular post of Chargeman-B, so his services would be counted from 1971 and not 1966, as contemplated by the applicant. Respondents have submitted that under Pension Rules, an employee must complete 10 years of service for availing pension and pensionary benefits. The applicant does not qualify on this count. Respondents also argue on the ground that why has he not claimed all dues P a g e | 10 of 14 OA.No.020/0162/2020 while leaving their organisation and also why the applicant not made Bharat Coking Coal Ltd, a party in this OA.
21. The applicant in his rejoinder brings out the fact that he was appointed as a Trainee Chargeman on 19.07.1966 not as Apprentice. Apprentice Mechanic have to undergo 5 years training not Trainee Chargeman. Following the Apex Court judgment in Thiruvengaam v. The Secretary to Govt. of India, M/o Finance, wherein pensionary benefits were granted on prorate basis for the services rendered prior to joining the service of the erstwhile departments of the Government. Another Apex Court judgment in support of the applicant is V.Sukumaran v. State of Kerala & Another.
22. A perusal of the proceedings of Eastern Railway order No.E1(TT)18 Pt XVII, dated 18.07.1967, very clearly establishes the fact that the applicant was Trainee Chargeman. Another proceeding of Eastern Railway staff order No.E1(TT)20/O.P.Jamalpur, dated 18.09.1975 establishes the fact that the applicant joined Bharat Coking Coal Ltd. With proper permission, the order is self-explanatory and reproduced hereunder:
"Sri Chitrapu Prasada Rao, Offg. Chargeman „B‟ Pay Rs.560/ P.M. in scale Rs.425-700 (RS), p.F.A/c No.311321, Erecting Shop, Eastern Railway, Jamalpur, who applied for the post of Asstt. Engineer (Excavation) in scale Rs.725-1325 under Bharat Coking Coal Limited, Vihar Building, Jharia, Dhanbad (Bihar) through proper channel, having been selected for the above post is released with effect from 18.9.1975 (AN) to enable him to report to the Senior Personnel Officer (Recruitment), Vihar Building, P.O. Jharia, Dist. Dhanbad, on 19.9.1975 (FN) for necessary appointment.
P a g e | 11 of 14 OA.No.020/0162/2020 The administrative lien of Sri C.P.Rao will be maintained in this Department, for a period of two years. In exceptional case, however, if Sri Rao is not confirmed in the Bharat Coking Coal Ltd. Within the period of two years, the administrative lien may be extended for a period of one year more i.e. total three years. On expiry of the said period, he will have to resign from the Railway service or revert back to this Department.
In case Bharat Coking Coal Ltd, absorbs Sri C.P.Rao permanently before two years it would be incumbent on their part to consult this department before issuing such orders of absorption. The orders of permanent absorption should be issued after the resignation of Sri C.P.Rao is accepted by this department and with effect from the date of acceptance.
Bharat Coking Coal Ltd. May pay the liability of leave salary pensionary benefit for Sri C.P.Rao for the period of his lien maintained in this Department.
In case, Bharat Coking Coal Ltd. is not agreeable to the above condition, Sri C.P.Rao should submit his consent to Bharat Coking Coal Ltd. to deduct the amount of service contribution from the salary of Sri C.P.Rao and remit the same to this Department.
If the above arrangement does not materialise, Sri Rao will have to deposit the service contribution in this office regularly every month failing which he will be liable to be re-called to join the Railway for breach of undertaking given by Sri C.P.Rao. Incidentally, this is mentioned that Sri C.P.Rao has submitted a declaration to this effect.
This issues with the approval of Supdt. Jamalpur."
23. The third order of Eastern Railways in support of the applicant is No.E1(TT)20/OP/C.P.Rao, Jamalpur, dated 29.10.1979, wherein his resignation was accepted with effect from 31.10.1977 (AN) on payment of full amount of Foreign Service Contribution and also other loans vide this office S.O. of even No. dated 15.10.1979, which reads as under:
"Sri C.P.Rao, while working as Ch.Man B (Erector) in sc:Rs.425- 700/- (RS) was released w.e.f. 18.9.75 (AN) to join appointment under Bharat Coking Coal Ltd. Dhanbad (A Govt. of India undertaking and his lien was maintained in this Railway.
P a g e | 12 of 14 OA.No.020/0162/2020 Sri Rao submitted his resignation from Rly. Service which was accepted with effect from 31.10.77 (AN) on payment of full amount of Foreign Service Contribution and also other loans vide this office S.O. of even No. dated 15.10.79.
Sri Rao‟s lien in this Railway was maintained up to 31.10.77 and it is certified that had Sri C.P.Rao not been transferred to Bharat Coking Coal Ltd., Dhanbad, he would have continued to work as Ch.Man B (Erector).
Accordingly, his increments for two years are drawn in sc:Rs.425- 700/- (RS) as under:
S.580/- -425-700/- w.e.f.1.7.76
S.600 " " 1.7.77."
24. Government of India, Ministry of Railways (Railway Board), Rule 53 of Railway Services (Pension) Rules 1993, reads as under:
"53. Pension on absorption in or under a corporation, company or body- (1) A railway servant who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or a State Government or in or under a body controlled or financed by the Central Government or a State Government shall be deemed to have retired from service from the date of such absorption and subject to sub-rule (3), he shall be eligible to receive retirement benefits, if any, from such date as may be determined, in accordance with the orders of the Railway applicable to him. (Authority: Railway Board‟s letter No. F(E)III/2003/PN1/25 dated 20.01.05)"
25. The applicant has paid the lien charges of Foreign Service Contribution and leave salary contribution following the order of the Eastern Railway dated 18.09.1975. Thereafter, his technical resignation was accepted. The applicant has completed 11 years, 4 months and 14 days in Railways. The applicant has not opted for the grant of proportionate pension. The reply of the respondents that the records are not available in applicant‟s case because of the time gap of 42 years is not acceptable because the applicant has given all concerned papers, P a g e | 13 of 14 OA.No.020/0162/2020 which are sufficient to the respondents who can build up the records with positive mind.
26. Therefore, it is clear that the respondents are not willing to pay the pension, which the applicant is entitled. The records, if not available must be rebuild properly. Training period is to be counted as qualifying service for pension. Applicant joined as Trainee Chargeman B on 18.07.1966. Therefore, he is entitled for prorate pension i.e., counting the date of joining as qualifying service. The Eastern Railway has also accepted his resignation w.e.f. 31.10.1977. The applicant has fulfilled all the formalities following the orders of the Eastern Railways. There is no ambiguity in this case. Therefore, the impugned order No.Sett/Pen/Pro-rata/Pen./Pt-1 Jamalpur, dated 06.09.2019 passed by the 2nd respondent is hereby quashed and set aside. The respondents are directed to pay the prorata pension to the applicant immediately within a period of six weeks from the date of receipt of a copy of this order, failing which an interest @ 8% will be charged till the full payment.
27. The OA is allowed accordingly on merits. There shall be no order as to costs.
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