CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Original Application No.060/1419/2021 Pronounced on: 30.03.2026 Reserved on: 24.02.2026 CORAM: HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

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Surender Pal Singh son of Sh. Hazari Lal, aged 60 years, Ex. Senior Section Engineer, resident of Plot No.28, Sector-C, Defence Colony, Near Sidhu Farm House, Ambala Cantt.-133001 (Group-B)

... Applicant By Advocate: Mr. Rishav Sharma Versus

1. Union of India through the General Manager, Northern Railway, Baroda House, New Delhi-110001.

2. Divisional Railway Manager, Northern Railway, Ambala Division, Ambala Cantt.-133001.

3. Senior Divisional Finance Manager, Northern Railway, Ambala Division, Ambala Cantt.-133001.

... .Respondents

Digitally signed

WADHWA By Advocate: Mr. Sanjay Goyal

O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-

(i) That Annexure A-1 dated 30.07.2021 and Annexure A-2 dated

09.08.2021 be quashed and set aside.

(ii). The respondents be directed to release the withheld Gratuity and Commuted Value of Pension with interest due w.e.f.

01.08.2021.

2. The factual matrix of the case is that the applicant retired from service on 31.07.2021 on attaining the age of superannuation while working as Senior Section Engineer in the Engineering Department, Northern Railway, Ambala Cantt. During his service, he was promoted as Senior Section Engineer in the year 2007 and thereafter posted at Bathinda in the year 2010. While working as PWI at Bathinda, certain deficiencies were pointed out in Stock Sheet No.16 dated 19.07.2010. The applicant submitted replies from time to time and undertook reconciliation of the stock. As per reply dated 03.10.2013 (Annexure A- 5) and further reply dated 18.01.2017 along with Stock Sheet No.16 (Annexure A-6), the discrepancies stood reconciled and no deficiency Digitally signed remained. It is further pleaded that prior to his retirement, the

Divisional Engineer (Track), Northern Railway, Ambala Cantt. verified

the position and certified vide letter dated 20.07.2021 (Annexure A-4)

that there was no loss to the Railway.

3. It is further the case of the applicant that another stock issue relating to Stock Sheet No.129 dated 29.05.2018 involving an amount of Rs.4,02,364/- was also reconciled and verified and no amount remained recoverable. The applicant has detailed the reconciliation process showing reduction of the alleged stock value from Rs.29,71,370/- to nil deficiency through various scrutiny stages dated 17.01.2011, 02.05.2014 and 11.07.2016, culminating in certification by the DEN, Track, NR, Ambala Cantt that the adjustment was technically correct and satisfactory. Despite this, the respondents issued impugned orders dated 30.07.2021 (Annexure A-1) and 09.08.2021 (Annexure A- 2) withholding gratuity and commuted value of pension amounting to more than Rs.34 lakhs.

4. The applicant contends that as on the date of retirement i.e. 31.07.2021, neither any charge-sheet nor any vigilance or criminal proceedings were pending against him. It is further contended that in the absence of any quantified government dues, the respondents had no authority under the Railway Pension Rules, 1993 to withhold retiral benefits. It is also pleaded that Rule 15 of the said Rules (Annexure A-7) mandates assessment and adjustment of dues within three months from the date of retirement, which has not been adhered to. The applicant further relies upon correspondence dated 31.05.2021 (Annexure A-8), which shows that the issue pertained to stock discrepancies of the year 2010 and had already been clarified by reply dated 03.10.2013, yet the Digitally signed

respondents delayed reconciliation for years. It is also submitted that

vide letter dated 11.07.2016 (Annexure A-9), several items had already

been directed to be dropped and the applicant had been submitting

replies from time to time including reply dated 21/2