CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No. 290/00275/2019 Pronounced on : 01.01.2026 Reserved on : 21.11.2025 CORAM HON’BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr AMIT SAHAI, MEMBER (A)

Ashok Kumar S/o Shri Ram Dev, Aged about 62 years, R/o C/o Abdul Hamid, Gali No. 10, (Tajio Ke Chauk ke Pass) Rampura Basti, Lalgarh, Bikaner (Office Address:- Worked as parcel Porter (Group D) under DRM Bikaner Division, Railway Department).

......Applicant By Advocate : Mr S.P. Singh.

Versus

1. Union of India through General Manager, North Western Railway, Jaipur-302005.

2. Divisional Railway Manager, North Western Railway, Bikaner-334001.

3. Sr. Divisional Personnel Officer, North Western Railway, Bikaner-334001. ......Respondents By Advocate : Mr K.S. Yadav.

ORDER Per : Hon’ble Mr Justice Rameshwar Vyas Being aggrieved by the action of the respondents in allowing only 50% of the last pay drawn with dearness allowance thereon as remuneration on his re-engagement, the applicant SUDESH D D i N g : it a C l = y I N si , g O ne = d C E by N T S R U A D L E S A H D M S I H N A IS K T H R I ATIVE TRIBUNAL, OU=JODHPUR BENCH, Phone=

a27c6e3b70871625348f2a3c0c55c745e5a539aa4870d b2699074ca1c35d078c, PostalCode=342006, S=

Rajasthan, SERIALNUMBER=

SHAKHI F A 7 8 0 3 9 2 B 62 6 E D 2 E D 9 1 4 B E B 21 7 5 2 3 E C A C 7A FD D 5 F 5 6 F 5 3 1 4 , 3 C 8 N 7 = F S 3 U B D B E 78 S 8 H E S 0F H F A 8 K 5 H 0 I Reason: I am the author of this document Location:

D Fo a x te it : P 2 D 02 F 6 R .0 e 1 a . d 2 e 9 r 1 V 5 e :5 rs 9 i : o 0 n 1 : + 2 0 0 5 2 has preferred this OA seeking direction against the respondents to amend communication dated 25.03.2019 (Annex. A/1) and

15.01.2019 (Annex. A/2).

2. The facts necessary to adjudicate this OA are as under:-

2.1 After serving as casual labour in the Railway, the applicant was appointed on regular basis on the post of Group ‘D’ vide order dated 30.01.2009 (Annex. A/4). After serving the department on regular basis for 08 years and 09 months, he retired on superannuation w.e.f. 30.01.2009. After retirement, he was re-engaged in the Railway and worked as Pointsman during the period from February, 2018 to September, 2018

2.2 As per RBE No. 150/2017 dated 16.10.2017 (Annex. A/5), monthly remuneration of a retired employee being re-enagaged be determined by reducing Pension from his/her last pay drawn (i.e. Basic Pay + DA). It is the grievance of the applicant that he was not sanctioned pension on account of not completing pensionable service yet the respondents deducted 50% of his basic pay and DA thereon from his last pay drawn while paying him monthly remuneration of re-engagement after retirement on the analogy that usually an employee gets pension @ 50% of his last pay drawn. Therefore, the applicant who was not coming under the criteria of pensionable service, was given only 50%

salary of his last drawn pay at the time of re-engagement.

2.3 Aggrieved with the above and non-payment of some allowances, the applicant preferred this OA seeking direction against the respondents to amend the communications dated

25.03.2019 (Annex. A/1) and 15.01.2019 (Annex. A/2).

SUDESH D D i N g : it a C l = y I N si , g O ne = d C E by N T S R U A D L E S A H D M S I H N A IS K T H R I ATIVE TRIBUNAL, OU=JODHPUR BENCH, Phone=

a27c6e3b70871625348f2a3c0c55c745e5a539aa4870d b2699074ca1c35d078c, PostalCode=342006, S=

Rajasthan, SERIALNUMBER=

SHAKHI F A 7 8 0 3 9 2 B 62 6 E D 2 E D 9 1 4 B E B 21 7 5 2 3 E C A C 7A FD D 5 F 5 6 F 5 3 1 4 , 3 C 8 N 7 = F S 3 U B D B E 78 S 8 H E S 0F H F A 8 K 5 H 0 I Reason: I am the author of this document Location:

D Fo a x te it : P 2 D 02 F 6 R .0 e 1 a . d 2 e 9 r 1 V 5 e :5 rs 9 i : o 0 n 1 : + 2 0 0 5 2

3. Heard learned counsel for the parties and perused the material available on record.

4. Having regard to the arguments raised by the parties and material available on record, it is not in dispute that before re- engagement, the applicant served the Railway as Group D emplo