CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/00010/2017 Reserved on: 05.12.2025 Pronounced on: 12.12.2025.

CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

HON’LE MR. KUMAR RAJESH CHANDRA, MEMBER (A)

Hari Bansh Ray, Son of Late Dayali Ray, resident of Village-Chhot Jhaua, P.O. -Jhaua, P.S.-Avtar Nagar, District-Chapra (Saran).

……. Applicant.

- By Advocate(s): - Shri Gautam Saha.

-Versus-

1. The Union of India through the General Manager, East Central Railway, Hajipur, Vaishali.

2. Divisional Railway Manager, Samastipur Division, East Central Railway, Samastipur.

3. Senior Divisional Personnel Officer, Samastipur Division, East Central Railway, Samastipur.

4. Divisional Finance Manager, Samastipur Division, East Central Railway, Samastipur.

5. Deputy Chief Engineer - IV, (Construction), East Central Railway, Samastipur.

6. Executive Engineer/ XEN, (Construction), East Central Railway, Saraigarh, Supaul.

7. Assistant Engineer, (Construction), East Central Railway, Saraigarh, Supaul.

8. Inspector of Works (Construction), East Central Railway, Narpatganj, Araria.

7. Accounts Officer, Samastipur Division, East Central Railway, Samastipur.

…….Respondents.

By Advocate(s) :- Shri Ravindra Rai, ld. ASC.

O R D E R Per Justice Narendra Kumar Johari, Member (J) :- Present OA has been filed by the applicant for the following relief:-

“(i)8.1 For direction upon the respondents to count half of the service of the applicant from 30.01.1980 till 31.12.1980 (Casual Service Period) and the entire service from 01.01.1981 till his retirement on 30.04.2016 (including Temporary Status Service Period) as Net Qualifying Service for Digitaly signed by BINAY PRASAD BINAYD A D N M : C IN = I I S N T , R O A = T "C IV E E N T T R R I A B L U NAL, PATNA BENCH", OU=GOVT, Phone=

2db6d8b108d2bae82a01fa1fc5ce9 758c97b405890ef4c43b51f869dc1 PRAS3facc6, PostalCode=800001, S=

Bihar, SERIALNUMBER=

b e a d 6 4 d fb 2 2 4 2 fe 3 3 8 a 7 3 b d 1 a 6 3 d c 7 5 7 a 5 e 3 5 5 6 b c 5 8 f4 5 b 4 8 4 2 8 2 5 2 b f

07dde3c, CN=BINAY PRASAD granting all retirement benefits as well as all difference of amounts including arrears of pay to the applicant with interest at the rate of 18% per annum.

8.2 For direction upon the respondents to grant the applicant the Grade Pay of Rs.2800/- in the Pay Band of Rs. 5200-20200/- with effect from 01.11.2013 in view of the Railway Board Establishment No. 102 of 2013 dated 08.10.2013 with all consequential benefits including refixation of pay, refixation and revision of retirement benefits, arrears of difference of pay and allowances and difference of retirement benefits with interest at the rate of 18% per annum.

8.3 For direction upon the respondents for making necessary correction/modification/ amendment in the PPO No. 20167300200283 dated 27.04.2016 issued by the respondents particularly by the respondent No. 4, DFM, Samastipur by which not only the date of appointment of the applicant has illegally, arbitrarily and malafidely been changed from 30.01.1980 to 18.05.1991 but also the pension and pensionary benefits of applicant has been calculated on the basis of reduced Net Qualifying Service of only 21 years and 5 months and on the basis of lesser Grade Pay of Rs. 2000/- though the applicant is legally entitled to calculation of his pension and pensionary benefits on the basis of Net Qualifying Service of 33 Years (maximum) and Grade Pay of Rs. 2800/- in the Pay Band of Rs.

5200-20200/-.

8.4 For direction upon the respondents payment of all retirement benefits etc. to the applicant along with arrears of pay and salaries pursuant to 6th Pay Commission recommendation and Bonus with interest at the rate of

18% per annum.

8.5 For direction upon the respondents to make payment of arrears of salaries as per the legal entitlement of the applicant along with interest at the rate of 18% per annum.

8.6 For granting any other appropriate relief or reliefs which this Hon'ble Tribunal may deem fit and proper in the fact and circumstances of the case.”

1.