P. B. Bajanthri, J.—On 03.11.2022, the following order was passed:—

“None appears for the Railways.

Matter is relating to fixation of pension.

Therefore, Railway counsel is hereby directed to secure service record (Service Book of the petitioner – Yogendra Prasad). He is also hereby directed to ascertain from the concerned official-respondent even though petitioner was promoted to the post of Senior Section Engineer on temporary basis, however he has been extended pay scale of Senior Section Engineer, once he has been extended pay scale attached to the post of Senior Section Engineer in the year 1997 and he continued to hold such post till 31.03.2015, the date on which he has attained age of superannuation and retired from service, the concerned authority have undertaken any action to consider the petitioner name for regular promotion to the post of Senior Section Engineer during the period from 31.10.1997 till 31.03.2015. Further whether the petitioner has been extended annual increment from 1998 to 2015 and so also whether has he been extended any benefit of TBA/MACP. If it is so, necessary material be placed on record in order to examine whether petitioner is entitled to fixation of his pension with reference to last pay drawn in the post of Senior Section Engineer or not.

If the aforesaid direction is not complied, in that event, second Respondent – The General Manager (Construction), North Frontier Railway, Maligaon, Guwahati, Assam is hereby directed to draft an official who is well conversant with the matter.

Relist this matter on 01.12.2022 as a last chance.”

2. Today, learned counsel for the respondent furnished Service Book of the petitioner – Yogendra Prasad. On 18.11.1997, there is entry in the Service Book of the petitioner as under:—

“Promoted to Sr. Section Engineer (Ad-hoc) in Scale Rs. 7450-225-11550 (RP) w.e.f. 21.10.1997 vide Office Order No. 178/1997 dated 31.10.1997 and the pay fixed on Rs.7450/- w.e.f. 21.10.1997 in Scale Rs. 7450-11550.”

3. The Tribunal refused to grant relief to the petitioner in so far as fixation of pay and pension in the post of Sr. Section Engineer while recording at Para-6 and 7 as under:—

“6. The only question to be examined in this OA is whether a person on an ad-hoc promotion in a temporary organization can claim pension on the basis of that last pay drawn if his substantive lien is at a lower post in the parent permanent organization. It transpires that those working in the Construction organization have no permanent status and their permanent lien is maintained in the different cadres in open line in the Railways. As and when they become due for promotion in the open line cadre, such persons are considered and it there is a requirement for some test, the persons in Construction Wing are also invited to take the test. In the present case, the applicant on his own volition declined to take the test for promotion from Technician Grade-III to Technician Grade-II, apparently because he was already in higher grade in the Construction Wing on ad-hoc basis. It is seen from the Annexure at R/3 i.e. the order dated 25.08.2014 that a large number of persons similarly situated in Construction Wing took the said test and passed whereas the applicant has been shown unwilling.

7. The applicant has not been able to show any specific rules on the point that in the Railways, Construction Wing people are granted pension on the basis of ad-hoc promotion in the higher grade even though their substantive lien in open line in lower grade, nor has he cited any such case.”

4. In the present case, it is to be noted that from 21.10.1997 till 31.03.2015, the petitioner has discharged duties of the post of Sr. Section Engineer and pay scale attached to the post has been extended. The reasons for not extending pension with reference to Sr. Section Engineer is that petitioner declined to take test for promotion from Technician Grade-III to Technician Grade-II on the score that he had already occupied the next higher g