Important Point
In order to be entitled to the benefit of complimentary railways passes on retirement, an employee who has served in the railways must have to his credit 20 years of service in railways alone.

Judgment

Mrs. Sujata V. Manohar, J.-Delay Condoned.

2. Leave granted.

3. The respondent initially served under the Government of Orissa from 14.4.1962 to 11.5.1972. Thereafter he served with the Government of Chandigarh from 15.5.1972 to 29.12.75. The respondent joined the railways and was appointed as plastic surgeon at Byculla Hospital, Central Railway, on 31.12.1975. He sought voluntary retirement and was allowed to voluntarily retire from his service with the Central Rail­way on 1.4.1987. He would have retired on superannuation on 26.11.1991. The respondent thus served as followed :

S.No. Service Rendered with Years Months Days

1. Service rendered in 10 years   0 28 Government of Orissa

2. Service rendered in 3 years 7 14 Chandigarh

3. Service rendered in the 11 years 2 9 Railways

Total 24 10 21

4. Prior to his voluntary retirement, he had sought a clarification as to whether his past services with the Government of Orissa and the Government of Chandigarh would count for the purpose of pensionary benefits. By order dated 29.5.1985, the appellants informed the re­spondent that his past services with the Governments of Orissa and Chandigarh would count as qualifying service for pensionary benefits. He would also get an additional five years’ service on account of voluntary retirement; and as a result his total service for pensionary benefits would be 29 years, 11 months and 9 days.

5. The respondent were accordingly granted retirement benefits. He has, however, been denied complimentary railway passes on retirement on the ground that his service with the railways was of less than 20 years and hence he was not eligible for complimentary railway passes on retirement. The respondent moved the Central Administrative Tribu­nal by filing O.A. No. 530 of 1996 claiming a right to complimentary railway passes. His application has been allowed by the Central Admin­istrative Tribunal, Bombay Bench. Hence, the Union of India through the General Manager, Central Railway, has filed the present appeal.

6. Under Railway Services Pension Rules, Chapter III deals with quali­fying ser­vice. Under Rule 22, the service of a railway servant which shall qualify for pensionary benefits includes, inter alia, service rendered under the Central Government in a Civil Ministry or Depart­ment or a civilian employee under the Ministry of Defence including the Ordinance Factories, or a State Government before transfer to railways. In accordance with the provisions of Rule 27, such service will count for the purpose of pension. Rule 27 prescribes the details of such counting of service for various kinds of pensionary benefits. The respondent has been given the benefit of counting his previous service with the State of Orissa and with the Government of Chandi­garh as qualifying service for the purposes of his retirement benefits under the said Pension Rules. Under the scheme of Voluntary Retirement for railway employees which has been set out in the Railway Board’s letter dated 9.11.1977 it is provided that in respect of those employ­ees who are allowed to retire voluntarily under the terms of that scheme, weightage of upto five years would be given as an addition to the qualifying service in the case of those who are governed by Railway Pension Rules. Accordingly, the respondent has also been given an addition of five years’ service for the purpose of his retirement benefits.

7. It is the contention of the respondent that the service which has been counted as a part of his qualifying service and the weightage of five years’ service which has been given to him on account of his voluntary retirement; should also be taken into account for the pur­pose of giving him complimentary railway