CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated this the 23^rd day of January, Two Thousand Twenty Six CORAM :

HON'BLE MR M. SWAMINATHAN, JUDICIAL MEMBER A. Lakshmanan, No.39/16, Pavender Street, Bharathinagar Extension, Dharapadavedu, Katpadi (Post)

Vellore District .. Applicant By Advocate M/s. R. Venkataraman Vs.

1. Union of India rep by rep by The Principal Chief Personnel Officer, Southern Railway Headquarters Office, Park Town, Chennai.

2. Senior Divisional Personnel Officer, O/o the Divisional Railway Manager, Southern Railway, Salem Division, Salem .. Respondents By Advocate Mr. K. Rajendran, SCGSC

ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicant seeking the following relief:

“a) call for the relevant records/files relating to the case of the applicant both from the Principal Chief Personnel Officer, Southern Railway/1^st respondent as well as the Senior Divisional Personnel Officer, Southern Railway, Salem Division/2^nd respondent and peruse the same;

b) Quash/set aside the letter No.SA/P.579/Settlement dated 17.06.2021 (Annexure A-1) issued by the Senior Divisional Personnel Officer, Southern Railway, Salem Division/2^nd respondent herein;

c) Quash/set aside the letter No.SA/P.579/Settlement dated 30.03.2022(Annxure A-3) issued by he Senior Divisional Personnel Officer, Southern Railway, Salem Division/2^nd respondent herein;

d) Letter No.SA/P.443/VII/Miscellaneous dated 26.08.2022 (Annexure A- 7) issued by the Senior Divisional Personnel Officer, Southern Railway, Salem Division/2^nd respondent herein;

e) Quash/set aside the order dated Nil passed by the Principal Chief Personnel Officer, Southern Railway, Chennai/1^st respondent herein which has been communicated to the applicant under the cover of letter No. P(S)353/OA/434/2023/CAT/MAS/LAK dated 15.12.2023 (Annexure A-9) f) Direct the Railway Respondents to pay/disburse/release to the applicant all the withheld retiral/financial benefits viz., Retirement Gratuity, Pay &

allowances for the month of May, 201, Dearness Allowance Arrears from January 201 to Ma 2021 and Productivity Linked Bonus for the year 2020- 21, with 18% interest till the amounts are actually paid to the applicat; and g) Pass any other order(s) as deemed fit and proper in the circumstances of this case and thus render justice.”

2. The facts leading to the filing of the OA are as follows:

The applicant is an Ex-Serviceman who served in the Indian Army from 18.03.1983 to 31.03.2009. Subsequently, he was appointed as a Helper in the Electrical Wing (TRD) of Salem Division, Southern Railway, against the Ex-Serviceman quota on 06.06.2011. Upon attaining the age of superannuation, the applicant retired from Railway service on 31.05.2021 while working as Technician Grade II. At the time of his superannuation, the applicant was not paid the following retirement benefits: (a) Retirement Gratuity,(b) Pay and Allowances for the month of May 2021,(c) Dearness Allowance arrears from January 2021 to May 2021, and (d) Productivity Linked Bonus for the year 2020–2021. The applicant submitted a detailed representation dated 17.06.2021. In response, the 2nd respondent, by letter, informed the applicant that a sum of Rs.1,78,195/- was liable to be recovered from him on the ground that he had allegedly availed leave in excess of the leave at his credit. Subsequently, by another letter dated 30.03.2022, the 2nd respondent revised the alleged recovery amount to Rs.2,07,810/- and withheld the applicant’s financial dues. The representations submitted by the applicant were rejected by the 2nd respondent vide letter, dated 26.08.2022. Aggrieved by the same, the applicant preferred an appeal before the 1st respondent. As no response was forthcoming, the applicant was constrained to approach this Tribunal by filing OA No.434 of 2023. This Tribunal, by order, dated 31.05.2023, directed the respondents/competent authorities to consider the applicant’s appeal and pass a reasoned and