Only regular service is counted for pensionary benefits, and claims based on alleged prior service require sufficient documentation to be considered valid.

ORDER

Delivered by Hon'ble Mr. Anjani Nandan Sharan, Member-(A)

Heard Shri Ravi Sharma, learned counsel for the applicant and Shri Raj Pal Singh, learned counsel for the respondents.

2. By way of this original application the applicant has sought the following reliefs:-

"(i) That the Hon'ble Tribunal may graciously be pleased to direct the respondents to count the services of the applicant from 21.7.1966 to 22.9.1978 i.e. 12 years 2 months 1 day as rendered by him in Railway Mens Consumers Cooperative Society Ltd., Gorakhpur, as per judgment of the Hon'ble Supreme Court and as per Railway Board orders dated 19.11.1990 in this respect, with the services rendered by him in Railway workshop N.E. Railway, Gorakhpur, from 23.9.1978 to 31.1.2005 i.e. 26 years 4 months 8 days i.e. on total qualifying service 38 years 6 months 9 days.

8.2 That the Hon'ble Tribunal may graciously be pleased to direct the respondent to revise the payment of retrial dues and pensionary benefits (including pension) to the applicant after his retirement from Railway service on 31.1.2005 on the basis of total qualifying service 38 years 6 months 9 days and may also kindly direct the respondent to make payment of arrear on this account with interest @ 12% per annum.

8.3 That the Hon'ble Tribunal may graciously be pleased to award heavy cost in favour of the applicant.

8.4 That the Hon'ble Tribunal may graciously be please to pass any other order or direction as may deem fit and proper in the facts and circumstances of the case."

3. The brief facts of the case, as stated by the applicant in original application are that the applicant was appointed on 21.07.1966 on the post of Assistant Manager-cum-clerk in the Railway Mens Consumer Cooperative Society, Ltd., Gorakhpur. The society was running and managing the subsidized (recognized) non-statutory canteen in North Eastern Railway, Gorakhpur. A seniority list was issued on 19.11.1973 and the name of the application was at serial no.18 of the Seniority List of the employees of Society. In the year 1976 the Railway Board issued orders for screening of employees of Cooperative Society Ltd. Gorakhpur to absorb them in Group ‘D’ post in Railway and the age limit was 28 years. On 01.01.1970 the society again issued seniority list dated 26.06.1976 and the applicant was figured at serial no.3. The applicant could not be screened and absorbed in railway being over aged at that time and he continued to work in society upto 29.09.1978. He has worked from 21.02.1966 to 22.09.1978 i.e. 12 years 4 months and 1 day and also annexed certificate dated 15.12.1984 to that effect. On 23.09.1978 the applicant was appointed in Group ‘D’ on compassionate ground on the post of Tuner Grade-II in Railway Workshop, Gorakhpur but as per rule the applicant should be appointed on the post of Khalasi on 23.09.1978 on compassionate grounds in Railway Workshop, North Eastern Railway, Gorakhpur. The Railway Board vide letter dated 19.11.1990 issued direction for implementation on Supreme Court judgment for extension of pensionary and SRPF benefits to the Canteen Employees in Railways. The applicant was entitled for pensionary benefits and retrial dues by adding his services in society from 21.7.1966 to 20.9.1973 i.e. 12 years 2 months 1 day. He served the Railway from 23.9.1978 to 31.1.2005 i.e. 26 years 4 months 8 days and retired from Railway service on 31.1.2005. Thus, less payment of all the dues was made to the applicant by not considering the services in society. The applicant before his retirement from Railway service on 31.1.2005 made several representations to the respondents/concerned au