The Tribunal ruled only the service from regularization post-2006 is valid for calculating pension and benefits due to breaks in service prior to that.

ORDER

Shri Satish Dwivedi, learned counsel for the applicant and Shri Krishna Kumar Ojha, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following reliefs:

i. That the respondents be directed to count the period of service of applicant rendered in the department of railway with effect from 15.1.1978 to 10.1.1985 and 16.10.20069 to 15.10.2019 in his total period of service for the purpose of fixation of pay, pension and all the retiral benefits and make payment thereof with interest at the rate of 12% per annum from the due date within the specified period.

ii. That the respondents be directed to treat the applicant in continuous service of department of railway with effect from 11.1.1985 to 15.10.2006 and further they be directed to count the said period in total period of service of applicant for the purpose of fixation of pay, pension and all the retiral benefits and accordingly correct the fixation of pay, pension and all the retiral benefits of applicant and make payment of arrears thereof with interest at the rate of 12% per annum from the due date to the applicant within the specified period.

iii. That the respondents be directed to treat the services of the applicant as regularized with effect from the date of regularization / absorption / appointment of junior and similarly situated person namely Sri Roop Ram and Sri Narayan or in any case from the year 1996 when the services of the junior persons were regularized in the department of railway under the Circular of Railway Board referred in this original application with all the consequential benefits.

iv. That the respondents be directed to grant the benefit of Ist, 2^nd and 3^rd ACP Scheme to applicant and accordingly correct the fixation of pay, pension and all the retiral benefits and make payment of arrears thereof to applicant with interest at the rate of 12% per annum till the date of actual payment thereof.

v. That the respondents be directed to pass a reasoned and speaking order on the representation dated 30.04.2020 and 10.09.2020 of applicant within the specified period and communicate the order to applicant immediately thereafter.

vi. That any other and further relief which this Hon’ble Tribunal may deem fit and proper by also awarded to the applicant.

vii. Cost of proceeding be awarded to the applicant.”

3. A compendium of the facts narrated in the OA is that the applicant by means of this application is seeking direction to the respondents to count the entire period of service, as he claims to have been rendered by him in the department of Railway, for the purpose of fixation of pay, pension and all the retiral benefits and also for providing him the benefit of 1^st, 2^nd and 3^rd ACP and for making payment of arrears of pay, pension and all other retiral benefits with interest at the rate of 12% per annum within the specified period which may be fixed by this Hon’ble Court. Applicant has claimed that respondents have repeatedly erred in counting the total service rendered by the applicant and subsequently not given the requisite service benefits to him. Applicant has further claimed that his case is covered by the statutory rules and other stipulated departmental provisions and also by several ratios laid down by the various courts across the country and accordingly he is entitled to the relief sought. On the contrary, respondents have contended that the applicant has not worked regularly and accordingly, his service cannot be deemed to be continuous and further he is not entitled to get any pensionary benefits as he is short of net qualifying service required to be conferred with pension and other rela