IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER 2025 PRESENT THE HON'BLE MR. JUSTICE S. G. PANDIT AND THE HON'BLE MR. JUSTICE T.M. NADAF WRIT PETITION NO. 19093/2024 (S-CAT)

C/W WRIT PETITION NO. 19009/2024 (S-CAT)

W.P.NO. 19093/2024 BETWEEN SRI K. VENKATESWARA RAO AGED ABOUT 58 YEARS S/O SRI CHINA AYYANNA KEDARISETTY CHIEF ENGINEER (RSW)

UNDER PCE IN THE OFFICE OF GENERAL MANAGER SOUTH EAST CENTRAL RAILWAY BILASPUR (CHHATTISGARPH)-495001 MOBILE NO.630360574 (UNDER ORDERS OF RETIREMENT AS PER RULE 1802 OF IREC)

PRESENTLY RESIDING AT:

C/O SOBHAN VEZZU NO.357, FF-01, GRS HOMES

2^ND MAIN, 3^RD CROSS BEML V STAGE, 2^ND PHASE RAJA RAJESWARI NAGAR (RR NAGAR)

BENGALURU- 560 098.

... PETITIONER (BY SRI. MAHESH L., ADV.)

AND

1. THE SECRETARY RAILWAY BOARD MINISTRY OF RAILWAYS RAIL BHAWAN NEW DELHI-110001.

2. GENERAL MANAGER SOUTH EAST CENTRAL RAILWAY BILASPUR (CHHATTISGARH)-495001.

3. SHRI H.K. DUTTA RETD SDGM/ECOR INQUIRY OFFICER, S1, ASIANA PLAZA DUMDUMA, BHUBANESWAR-571049.

…RESPONDENTS (BY SRI H. SHANTHI BHUSHAN, DSGI A/W SRI B PRAMOD, CGC)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS; 2. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED DATED 19.10.2023 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL IN ORIGINAL APPLICATION NO.170/00474/2022 VIDE ANNEXURE-A, AS THE SAME IS ARBITRARY, ERRONEOUS AND CONTRARY TO THE SETTLED LAW AND ETC. W.P.NO. 19009/2024 BETWEEN SRI K. VENKATESWARA RAO AGED ABOUT 58 YEARS S/O SRI CHINA AYYANNA KEDARISETTY CHIEF ENGINEER (RSW)

UNDER PCE IN THE OFFICE OF GENERAL MANAGER SOUTH EAST CENTRAL RAILWAY BILASPUR (CHHATTISGARPH)-495001 MOBILE NO.630360574 (UNDER ORDERS OF RETIREMENT AS PER RULE 1802 OF IREC)

PRESENTLY RESIDING AT:

C/O SOBHAN VEZZU NO.357, FF-01, GRS HOMES

2^ND MAIN, 3^RD CROSS BEML V STAGE, 2^ND PHASE RAJA RAJESWARI NAGAR (RR NAGAR)

BENGALURU- 560 098.

... PETITIONER (BY SRI. MAHESH L., ADV.)

AND

1. THE SECRETARY RAILWAY BOARD MINISTRY OF RAILWAYS RAIL BHAWAN NEW DELHI-110001.

2. GENERAL MANAGER SOUTH EAST CENTRAL RAILWAY BILASPUR (CHHATTISGARH)-495001 FOR AND ON BEHALF OF UNION OF INDIA.

…RESPONDENTS (BY SRI H. SHANTHI BHUSHAN, DSGI A/W SRI B PRAMOD, CGC)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS; 2. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED DATED 19.10.2023 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL IN ORIGINAL APPLICATION NO.170/00174/2022 VIDE ANNEXURE-A, AS THE SAME IS ARBITRARY, ERRONEOUS AND CONTRARY TO THE SETTLED LAW AND ETC.

THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDER ON 11.07.2025 COMING ON THIS DAY S.G.PANDIT J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF

CAV ORDER

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

In W.P.No.19093/2024, petitioner is before this Court under Article 226 of the Constitution of India assailing the order dated 19.10.2023 in O.A.No.170/00474/2022 passed by the Central Administrative Tribunal at Bengaluru, (for short, ‘CAT’) where under, the petitioner’s challenge to order dated 22.04.2022 (Annexure-A24) according permission/sanction to initiate departmental proceedings against the petitioner under the Railway Services (Pension) Rules, 1993 (for short, ‘1993 Rules’) and also memorandum of articles of charge dated 22.04.2022 (Annexure-A25) are rejected.

2. In W.P.No.19009/2024, the petitioner is before this Court assailing the order dated 19.10.2023 in O.A.No.170/00174/2022 passed by the CAT, where under, the petitioner’s prayer to hold that his gratuity cannot be withheld by the railway administration and that he should have been granted retiring pension under Rule 52 of 1993 Rules instead of provisional pension and also for a direction to release forthwith the admissible gratuity and to issue regular retiring pension payment order, are rejected.

3. The petitioner was working as Chief Engineer (RSW) in the South-East Central Railway (Chattisgarh)