JUDGMENT

S.B. Sinha, J. — Leave granted.

2. The Respondent was a Station Master working in Sodepur Railway Station, Eastern Railway. He retired on 31.1.1995. He was paid 16 ½ months emoluments comprising basic salary and 20% dearness allowance towards Death-Cum-Retirement Gratuity.

3. One Pritam Singh who is said to be similarly situated, however, claimed and obtained such benefits of gratuity in terms of the provisions contained in the Payment of Gratuity Act, 1972 (for short "the 1972 Act") in terms whereof the element of dearness allowance was calculated at the rate of 125% of basic salary. A special leave petition filed thereagainst was dismissed by this Court by an order dated 13.2.2002 holding:

"This is not a fit case for our interference under Article 136 of the Constitution. Hence the appeal is dismissed."

4. Principally, relying on the said decision, the Respondent filed an original application before the Central Administrative Tribunal claiming payment of gratuity on the same terms and for recovery of purported arrears of the difference of gratuity. The Tribunal by an order dated 25.2.2004 directed the Appellant to consider the Respondents case whereupon a speaking order w