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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI – Appellant
Versus
N. SIVASANKARAN – Respondent
| Table of Content |
|---|
| 1. service period recognition for pension eligibility. (Para 1 , 2 , 3) |
| 2. arguments regarding reliance on contrasting case law. (Para 4 , 5 , 6) |
| 3. final determination on case merits. (Para 7) |
JUDGMENT
P.V.BALAKRISHNAN,J This Original Petition is filed by the respondents in O.A.No.180/467/2022, challenging the order dated 28.11.2023, passed by the Central Administrative Tribunal, allowing the original application filed by the respondent herein.
2. The respondent herein/applicant joined the Southern Railway as a Commission Bearer on 09.08.1983. Pursuant to the decision of the Hon'ble Apex Court in T.I. Madhavan, Gen. Secy., All India Rly. Catering Services Workers' Union v. Union of India [1988 Supp SCC 437], he was absorbed as a Railway employee on 26.02.2001. Subsequently, he retired from service on 31.08.2022. Since the Railways did not consider his past service as Commission Bearer towards qualifying service for pension, he approached the petitioners by filing a representation. The said representation was rejected by Annexure-A1 order dated 25.07.2022. It is aggrieved by the said order, the respondent herein filed the afore O.A.
3. The learned Tribunal, after consid
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