The instant OA has been filed by the applicant under

Section 19 of the Administrative Tribunals Act 1985, seeking

the following relief(s):-

“a) direct respondent No.2 to release the entire

pensionary/retiral

and

other

benefits

of

the

applicant at the earliest;

b) pass such other and further orders as this

Hon'ble Tribunal may deem fit and proper in the

facts and circumstances of the case.”

2.

The brief facts of the case are that the applicant joined as

Apprentice Mechanical (DL) Diploma Holder in the TRD

Department at Busawal Division of Central Railways on

04.11.1992. He had an unblemished service and retired from

service on 02.12.2005 because of his technical resignation.

Learned counsel for the applicant states that the applicant

submitted various representations to the respondents from

time to time, earliest representation is dated 08.03.2006 (A-7)

and the latest representation is dated 04.06.2016 (A-5) to

release his retiral benefits. The respondents, despite various

representations submitted by the applicant, have not

responded positively to release the retiral benefits of the

applicant. Being aggrieved, he has filed the present OA.

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2.

In response to the notice from this Tribunal, the respondents

have filed detailed counter affidavit. The applicant has filed

rejoinder thereto.

3.

In support of the relief sought by the applicant, learned

counsel for the applicant states that the applicant has

completed the requisite number of years to get entitlement for

payment of pension. As per provision contend under Rule No.

53(3) of Railway Service, Pension Rules 1993 the applicant is

eligible for pension. He refers to a letter dated 09.05.2006

from the Division Railway Manager (Personal) to RITES which

reads as follows:-

“Regarding grant of Pensionery benefits, it is stated

that as per provision contained under Rule no. 53 (3)

Railway Services (Pension) Rules 1993 and if there is

pensionery

scheme

in

RITES,

in

which

the

abovenamed ex-employee is absorbed, he shall be

eligible to exercise an option, either to count the

service rendered under the Railway, in that body for

pension or to receive pro-rata pensionery benefits for

service rendered under the Railway for which RITEs

has to pay foreign service contribution for the period

of his deputation to RITES.”

3.1 In view of the above, learned counsel for the applicant

states that the applicant is entitled to get pension as he has

completed the requisite years of service from 04.01.1992 to

02.12.2005. He further submits that the admissibility of

pension has not been disputed by the respondents in their

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counter affidavit. The respondents have stated that they have

already issued a PPO in favour of the applicant. However, the

learned counsel for the applicant states that the money has

not been received by the applicant in pursuant with the said

PPO. In view of this, he states that respondents should also

release other benefits like gratuity, commutation of pension,

leave encashment the learned counsel for the applicant

further claims that because of inordinate delay in payment of

pensionary benefits, the applicant is entitled for interest on

delayed payment of retirement benefits.

4.

Per contra, learned counsel for the respondents refers to

the additional affidavit filed by the respondents on 26.07.2023

according to which the respondents have stated that the

respondents have issued PPO dated 07.07.2023 in favour of

the applicant. Similarly, the applicant have issued the

amount payable vide the second PPO letter dated 12.07.2023

as per the 6^th CPC recommendations. However, as regards to

7^th CPC recommendations, the issue is under consideration

with the respondents. The revised PPO will be issued shortly.

5.

I have heard the arguments by both the counsels and

perused the records.

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5.1 In the instant case, admissibility of pension is not an

issue. The respondents have already issued PPO in

accordance with the 5^th and 6^th CPC recommendations.

However, the applic