Pension benefits for Members (Judicial) of the Railway Claims Tribunal are governed strictly by applicable statutory rules, and prior legal practice cannot be included as qualifying service.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present Letters Patent Appeal (LPA) has been filed under Clause 10 of the Letters Patent Act and is arising out of the judgment & order dated 04.10.2021 passed by the learned Single Judge in W.P.(C.) No. 1201/2021 titled Ajit Kumar Pande, Ex-Member (Judicial) RCT Vs. Union of India, Through Chairman Railway Board.

2. The facts of the case reveal that the appellant before this Court has filed a writ petition for issuance of a writ, order, or direction directing the respondent/Union of India (UOI) to take into account 10 years of practice as a Lawyer for the purpose of calculating the pension in addition to the qualifying service of the appellant as Member (Judicial) of the Railway Claims Tribunal (RCT). The appellant has also prayed for other reliefs in the writ petition. The learned Single Judge has dismissed the writ petition vide impugned judgment dated 04.10.2021.

3. The facts of the case further reveal that the appellant/petitioner was enrolled as an Advocate with the Bar Council of Delhi (BCD) on 24.04.1990 and he also cleared the Advocate-on-Record Examination on 15.10.1998. Pursuant to an advertisement issued by UOI, the appellant/petitioner was selected and appointed on 20.04.2015 to the post of Member (Judicial), Kolkata Bench of the RCT. The petitioner joined the aforesaid post on 22.04.2015 and was transferred to various Benches of the RCT. He successfully completed his 5 years tenure as Member (Judicial) of the RCT on 21.04.2020.

4. The facts further reveal that the appellant/petitioner was appointed in response to a notification dated 10.09.1989 issued by the Ministry of Railways. The service conditions of the appellant/petitioner were governed by the statutory provisions as contained under the Railway Claims Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice- Chairman and Members) Rules, 1989 (hereinafter referred to as Rules of 1989). The qualification for appointment as Chairman, Vice-Chairman and Members finds place under the Railway Claims Tribunal Act, 1987 (hereinafter referred to as Act of 1987). The statutory provisions providing qualifications for appointment to the post of Chairman, Vice-Chairman and other Members are reproduced as under:

"5. Qualifications for appointment as Chairman, Vice- Chairman or other Member.--(1) A person shall not be qualified for appointment as the Chairman unless he--

(a) is, or has been, a Judge of a High Court; or

(b) has, for at least two years, held the office of a Vice-Chairman.

(2) A person shall not be qualified for appointment as the Vice- Chairman unless he--

(a) is, or has been, or is qualified to be, a Judge of a High Court; or

(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years; or

(c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India; or

(d) has, for at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways; or

(e) has, for a period of not less than three years, held office as a Judicial Member or a Technical Member.

(3) A person shall not be qualified for appointment as a Judicial Member unless he--

(a) is, or has been, or is qualified to be, a Judge of a High Court; or

(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or

(c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.

(4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least three years,