CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA OA/350/1417/2025 MA/939/2025 Date of Order: 06.11.2025 Coram: Hon’ble Mr. Suchitto Kumar Das, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member

1. Debashis Dutta, Son of Late N.G. Dutta, aged about 69 years, Worked as Station Superintendent (Coaching), Sealdah/Eastern Railway, residing at Nirmal Hridaya, 35, North Station Road, Post-

Agarpara, Kolkata-700109, 2. Ashim Kumar Biswas, Son of Late Biswewar Biswas, aged about 63 years, Worked Sr. Passenger Guard/Operating under Eastern Railway/Sealdah, residing at Village-Madanpur Paschim Kalyannar (East), Post-Madanpur, District-Nadia, Pin Code-

741245, 3. Bijoy Krishna Bhattacherjee, Son of D. Bhattacherjee, aged about 68 years, Worked as Sr. Goods Guard under Eastern Railway/Sealdah, residing at Taherpur, E/21/784, Post and P.S.-

Taherpur, District-Nadia, West Bengal-741159.

4. Swapan Kumar Chakraborty, Son of Late B. Chakraborty, aged about 71 years, Worked as Chief Booking Clerk under Eastern Railway/Sealdah, residing at Niva Apartment, Ground floor, kalibari No. 2, Deshbandhunagar, Post-Sodepur, P.s.-Khardah, Kolkata-700110. ………..Applicants -Vs-

1. Union of India, Service through the General Manager, Eastern Railway, 17, Netaji Subhas Road, Fairley Place, Kolkata, West Bengal-700001.

2. The Principal Chief Personnel Officer, Eastern Railway, 17, Netaji Subhas Road, Fairley Place, Kolkata, West Bengal-700001

3. The Principal Financial Advisor, Eastern Railway, 17, Netaji Subhas Road, Fairley Place, Kolkata, West Bengal-700001

4. The Sr. Divisional Personnel Officer, Eastern Railway, Sealdah Division, DRM Building, Sealdah, Kaiser Street, Kolkata-700014.

5. The Chairman & Chief Executive Officer, Railway Board, Rail Bhawan, Raisina Road, Rafi Marg, New Delhi 110001.

……..Respondents For the Applicant : Mr. Arpa Chakraborty; Counsel For the Respondents : Mr. K Sarkar; Counsel

O R D E R (O R A L)

Per: Hon’ble Mr. Suchitto Kumar Das (A):

1. Ld Counsel for both the parties are present.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;

b) An Order do issue directing the respondents to modify the Railway Services (Commutation of Pension) Rules, 1993 to the extent the same lays down rule for recovery of the amount of commuted pension for 15 years, and thereby directing the Respondents to reduce the recovery period of the amount of commuted pension for applicants who retired from Railway Services from the existing recovery period of 15 years to the actual recovery period of the commuted amount [i.e., the "years of purchase" (without interest)] and/or, alternatively, from the existing recovery period of 15 years to the actual recovery period of the commuted amount [i.e., the "years of purchase" (without interest)] with an addition of the actual period to recover the interest on such commuted amount in accordance with the principle for the recovery of interest levied on Government advances made to Government servants and thereby directing the Respondents to refund the excess recovery of amount of commuted pension, if any as on the date of finalization of the issue, made from the applicants along with interest and also to extend the benefit of Solemn Order dated 25.07.2024 in O.A. No.

413/2024 passed by the Hon'ble Tribunal, Jaipur Bench;

c) An Order do issue directing the respondents to restore the full pension of the applicants immediately on completion of 10.8 years from the date of their retirement and to issue consequent revised Pension Payment Orders in their favor;

d) To grant all consequential benefits;

e) To grant Costs and incidentals;

f) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of re