The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension) Rules 1993.

JUDGMENT :

Krishan Pahal, J.

1. Heard Sri Chandra Prakash, Petitioner (in person) along with Ms. Subhash Rathi, learned Amicus Curiae who assisted the Court on behalf of the petitioner and Sri Praveen Kumar Srivastava and Sri Arun Kumar Gupta, learned counsels for the respondents.

2. Ms. Subhash Rathi, learned Amicus Curiae has filed the written submissions on behalf of the petitioner.

3. By means of the present writ petition, the petitioner has prayed for the following reliefs:-

“I. To issue a writ or order or a writ in the nature of Certiorari quashing the impugned order dated 1.3.2012 of Central Administrative Tribunal, Allahabad Bench passed in O.A. No.1235 of 2011 (Chandra Prakash Vs. U.O.I. & Others),

II. To issue a writ or order or a writ in the nature of Certiorari quashing the impugned order No. b@50@fjt@lalnh; lfefr@V@ikVZ&11 dated 26/02/2010 passed by respondent No. 4.

III. To issue a writ or order or a writ in the nature of Certiorari quashing the part of impugned order No. Nil dated 03/03/2010 passed by respondent No.4, as far as it relates to withholding of “petitioner’s all Retirement dues & benefits”,

IV. To issue a writ or an order or direction in the nature of mandamus directing the respondents Railway Administration to retire the petitioner with immediate effect (as the petitioner is waiting for ‘order of his retirement’ since 01.03.2010 as mentioned in para-93 & 94 of writ petition) & serve to the petitioner “Retirement Order cum Service Certificate” & pay the salary {last pay drawn} of the petitioner from 01.03.2010 to till date of receipt of retirement order by the petitioner along with interest at the bank rate (i.e. @18%) upon its arrears.

V. To issue a writ or an order or direction in the nature of mandamus directing the respondents Railway Administration to release & pay all retirement dues & benefits of the petitioner i.e.:-

i. Pension Payment Order (PPO) from the date of retirement

ii. Gratuity

iii. Leave in Cashment

iv. Pension Commutation from the date of retirement

v. Remaining part of P.F. of period September/October, 1973 to December, 1994.

vi. Composite Transfer Grant etc. along with interest at the bank rate (i.e. @18%) upon aforesaid amounts from the date of retirement.

VI. To issue a writ or an order or direction in the nature of mandamus directing the respondents Railway Administration to release & serve petitioner’s:-

i. Service Medal,

ii. Medical Card for post retirement medical facilities,

iii. Other Post Retirement facilities.

VII. To issue a writ or an order or direction in the nature of mandamus directing the respondents Railway Administration to pay compensation of Rs.20 lacs for the irreparable losses & damages caused due to non-payment of petitioner’s all retirement dues & benefits as mentioned in para-100 & XLVI of writ petition.”

Factual Matrix:-

4. Facts in brief giving rise to the present writ petition are that in the year 1969, the Railway Service Commission, Allahabad vide its Employment Notice No.3/69-70 advertised 24 posts of Apprentice Assistant Telecommunication Inspector. The petitioner applied for the said post mentioning his caste as “Bhuiya” which is recognised as Scheduled Caste in the State of U.P. The petitioner along with 23 other candidates were selected for the said post and in the final selection panel, the petitioner found his place at S.No.23 in the merit list. Thereupon, the petitioner joined as Apprentice Assistant Telecommunication Inspector in North-East Railway, Gorakhpur on 31.07.1970. After completion of 12 years of service in Railway, an inquiry was initiated by the General Manager (Personal), North-East Railway, Gorakhpur, U.P. (Respondent No.4) with regard to the validity of the caste certificate submitted by the petitioner. The District Magistrate, Gorakhpur submitted a report vide Letter No.354 tkfr Áek.k i=okn fyfid dated 09.02.1983, the relevant part of the said report reads as under:-

5. On the basis of the said report of the District Magistrate, Gorakhpur, a crim