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2025 Supreme(Online)(CAT) 3849

CENTRAL ADMINISTRATIVE TRIBUNAL
Smt. Urmita Datta, Mr. Anindo Majumdar, JJ
Santi Devi – Appellant
Versus
Eastern Railway – Respondent
O.A./1615/2014



Advocates:
Mr. A. Banerjee, Counsel; Mr. R. Halder, Counsel

Repeated applications for the same reliefs are barred by limitation, and lack of new grounds for consideration leads to dismissal.

Headnote:(A) Administrative Tribunal Act, 1985 - Section 19 - Applicants sought relief for non-compliance of earlier orders regarding retirement benefits and compassionate appointment - The father of the applicants was recorded as 'Striker' during a railway strike, affecting their claims. (Paras 1-7)

(B) Limitation - The application filed by the legal heirs after a significant delay was barred by limitation, as they repeatedly sought the same reliefs through various OAs. (Paras 6-7)

Facts of the case:
The father of the applicants, a railway employee, sought benefits as a 'Loyal Worker' after being recorded as a 'Striker' during a 1974 strike. He filed multiple OAs for retirement benefits and compassionate appointment, with the last application made by his legal heirs in 2014, long after his death.

Findings of Court:
The Tribunal found no merit in the application due to the delay and the lack of new grounds for relief.

Issues: The main issues were the applicability of limitation on the application and the merit of the claims for compassionate appointment.

Ratio Decidendi: The Tribunal ruled that the repeated applications for the same reliefs were barred by limitation and that the applicants failed to present new grounds for consideration.

Result: Application dismissed.

ORDER (ORAL)

Per: UrmitaDatta (Sen), Judicial Member

The applicants have approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief:

“(i) Leave may be granted to them to file this Application jointly Under Rule 4(5)(a) of CAT (Procedure) Rules, 1987 being having common/same cause of action.

(ii) Direction upon Respondents to dispose Application dated December 14, 1991 filed by S N P Singh (since deceased) within time frame as specified by this Hon’ble Tribunal vide Solemn Order dated October 10, 2001.

(iii) Other direction(s)/order(s) as Ld. Tribunal may deem fit and proper.”

2. As per the applicants, the father of applicant Nos. 2 & 3 had joined Railway Service as Trains Clerk in the year 1956. Thereafter, in the year 1974 there was a All India Railway Men’s strike wherein those who did not join the said strike against the Railways were called “Loyal Worker” and for them, the Railway Administration had issued one Scheme for grant of some financial benefits as well as appointment of his/her wards in the Railways. In the meantime, the said employee was promoted as Head Trains Clerk. On 14.12.1991, the father of the applicants i.e. the ex-employee represented the Railways to be considered as Loyal Worker since in his Service Book, he was recorded as Striker. On December, 1991, the said Ex-employee had filed one OA. 1237/1991 before this Tribunal asking for benefits of pay fixation as per Shankar Saren Award which is related to Loyal Worker. In the meantime, on 31.12.1991, the employee superannuated and subsequently, he filed another OA. 206/1992 asking for extending of the said award as Loyal Worker as well as grant of employment to his daughter Smt. Asha Singh. On 16.03.1992, the earlier O.A. i.e. 1237/1991 was disposed of directing the respondents that pension and other retirement benefits, if not already calculated and paid to the applicant, should be recalculated at the present rate keeping in mind the refixation of the pay and the amount due to the applicant, should be paid to him within 90 days from the date of receipt of a copy of this order. Simultaneously, in O.A. 206/1992, the respondents filed their reply.

In the meantime, on 09.12.1992, one C.P No. 124/1992 had been filed before this Tribunal by the applicants for non-compliance of the order dated 16.03.1992 passed in OA. 1237/1991 when the other O.A. 206/1992 was still pending. Further, C.P. 124/1992 was disposed of as the DCRG amount has already been paid to the applicant. On 11.07.1993, the applicant filed rejoinder in OA. 206/1992.

On 01.09.1993, the applicant again filed O.A. No. 993/1993 praying for non- payment of actual retiral benefit in terms of order passed on 16.03.1992 in OA. 1237/1991 which was subsequently withdrawn on 25.04.1996.

The applicant again filed another O.A. No. 374/1997 praying for a direction upon the respondents to make payment of dues as calculated by the applicant with interest. In the meantime, MA No. 300/1997 was filed by the applicant for discovery of documents in connection with the OA. 206/1992 which was rejected vide order dated 03.04.1998. Being aggrieved with the said order dated 03.04.1998, the applicant moved before the Hon’ble High Court in WPCT No. 237/1998 which was disposed of vide order dated 28.11.2000 by remanding back the matter before this Court . On 10.10.2001, OA. 206/1992 was disposed of directing the Respondents to consider the application dated 14.12.1991 within three months. On 22.11.2002, the concerned employee had expired. Thereafter, on 09.12.2014, the instant application was filed by the legal heirs of the deceased employee for non-compliance of the order dated 10.10.2001 passed in OA. 206/1992. In the meantime, the applicant no. 1 i.e. the wife of the deceased employee had expired whereas Smt. Sarita Singh and Smt. Asha Singh claimed to be the daughters of the deceased employee and prayed for consideration of the representation dated 14.12.1991 made by the de

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