Pratap Kumar Ray, J.

1. HEARD the writ petitioner in person.

2. ASSAILING the order dated 17th July, 2008 passed in O.A. No. 861 of 2007 by the Central Administrative Tribunal, Calcutta Bench, this writ application has been filed. The impugned order reads such:

The applicant who is a retired Judicial Member of the Railways Claims Tribunal, Kolkata has filed this application praying for the following relief:

(a) A direction may be given to the respondents 3, 4 to refund and pay to the applicant the amount of the pension of his past service which have been deducted from his monthly salaries paid in the RCT, Kolkata, as his appointment in the RCT, was not re-employment but was fresh appointment under Rule 5(1) of the RCT, (salaries and allowances and other conditions of service of Chairman, Vice- Chairman and Members) Rules 1989 for which he was entitled to receive pension of his past service under Rule 5(2) of the said Rules and his case was not covered by the proviso to Rule 3 of the same Rules which as per Rules of interruption has to be carved out from the main provision of that Rule and is distinct from the provisions of Rule 5(1) and (2).

(b) A direction may be given to t