(Reserved on 17.12.2025)

Central Administrative Tribunal Allahabad Bench, Allahabad ****

Original Application No.54 of 2020 Pronounced on this the 12^th day of January, 2026.

Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Hon’ble Mrs. Manju Pandey, Member (A)

Surendra Babu, S/o Late Meharvan Singh, Aged about 61 years R/o East Ashok Nagar, Devyani Marg Etawah-206001.

….Applicant By Advocate: Mr. Ravi Sharma Versus

1. Union of India through The General Manager, North Central Railway, Headquarter Office, Subedarganj, Allahabad.

2. The Secretary, Railway Board, Rail Bhawan, New Delhi.

3. The General Manager, North Central Railway, Headquarter Office, Subedarganj, Allahabad.

4. The Divisional Railway Manager, North Central Railway, DRM Office, Nawab Yusuf Road, Allahabad.

5. The Divisional Personnel Officer (Admin.) North Central Railway, DRM Office, Nawab Yusuf Road, Allahabad.

.…Respondents By Advocate: Mr. K. K. Ojha

ORDER

By Hon’ble Mrs. Manju Pandey, Member (A):

Learned counsel for both the parties are present and heard.

2. The applicant has approached this Tribunal under Section

19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“8.1 That the Hon'ble Tribunal may graciously be pleased to set aside/quash the impugned order dated 29.05.2019 issued by the D.P.O (Admin.)NCR/Allahabad denying payment of pension and commutation of pension to the applicant after his retirement from Railway Service on 30.04.2019 under the pretext the applicant comes within the preview of New Pension Scheme 01.01.2004, despite the fact the services of the applicant is governed under Railway Services (Pension) Rules, 1993 being enterned in Railway Service on 01.03.1986, with all consequential benefits to the applicant.

The impugned order is arbitrary, against statutory rules and issued by the DPO/NCR/Allahabad without any power and authority being nullity is law.

8.2 That the Hon'ble Tribunal may graciously be pleased to direct the DRM/NCR, Allahabad respondent no 4 to issue necessary orders for payment of Pension and Commutation of Pension as per Railway Services (Pension) Rules, 1993 after retirement of the applicant from Railway Service on 30.04.2019 with arrear and interest as per rules.

8.3 That the Hon'ble Tribunal may graciously be pleased to direct the DRM/NCR/Allahabad consider application of applicant dated 28.04.2015 of VRS and appointment of his son in Group 'D' post under LARSGESS as withheld by the Asstt. Divisional Engineer/NCR/ Firozabad under pretext of post factor approval of the General Manager which has already been granted on

30.03.2016 w.e.f 01.03.1986.

8.4 That the Hon'ble Tribunal may graciously be pleased to direct the DRM/NCR/Allahabad. respondent no. 4, to issue necessary orders for payment of MACP as per Railway Board order with fixation of pay and payment of final settlement benefits with arrear and interest thereon.

8.5 That the Hon'ble Tribunal may graciously be pleased to direct the General Manager, NCR/Allahabad, Respondent No. 2 to take strict panel action against the responsible officers / officials under rules for extreme carelessness, delay and lapses on their part in obtaining post facto approval of the General Manager after 33 years from the date of appointment of the applicant on 18.03.1983, spoiling entire service carrier of the applicant with irreparable losses on this account.

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

8.7 That the Hon'ble Tribunal may graciously be pleased 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 are that the applicant was initially engaged as a Casual Gangman in the P.Way Department of North Central Railway, Etawah on 18.02.1983. He was subsequently granted Temporary Status w.e.f. 01.03.1986 and continued to discharge duties uninterruptedly thereafter. It is the case of the applicant that since his initial engagement was prior to