ASHIM KUMAR SAHA vs SOUTH EASTERN RAILWAY
- Court
- Central Administrative Tribunal
1
O.A./350/0927/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A./350/0927/2023 Date of Hearing:- 23.09.2026.
Date of Order:- 14.10.2026.
Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member.
Ashim Kumar Saha, son of Late Nani Gopal Saha, aged
about 59 years, retired Superintendent, Shalimar
Railway Station, Kharagpur Division, South Eastern
Railway and residing at Shree Shree Anukul Apartment,
A/3, Vivekananda Park, P.O. Ghola Bazar, P.S- Ghola,
District- 24 Parganas (North), Pin- 700111, West Bengal.
………..Applicant
-Versus-
1. Union of India, service through the General
Manager, South Eastern Railway, Garden Reach,
Kolkata- 700043.
2. The Secretary, Railway Board, Rail Bhawan, New
Delhi- 110001.
3. The General Manager, South Eastern Railway,
Garden Reach, Kolkata- 700043.
4. The Principal Chief Personnel Officer, South
Eastern Railway, Garden Reach, Kolkata- 700043.
5. The Senior Divisional Operations Manager, South
Eastern Railway, Kharagpur Division, Pin- 721301.
……….Respondents
For the applicant(s) : In Person.
For the respondent(s) : Dr. D. Chowdhury (Counsel).
O R D E R.
Per: Mr. Anindo Majumdar, Administrative Member.
1. This matter is taken up by the Single Bench for disposal in
accordance with the order of the Hon’ble Chairman, CAT dated
10/09/2021 issued under Sub-Section (6) of Section 5 of the
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
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O.A./350/0927/2023
Administrative Tribunals Act, 1985, and since no complicated question of
law is involved .
2 . The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act 1985, praying for the following relief(s):-
a) An order quashing and/or setting aside the communication dated 22.05.2023
“
along with its enclosure, the letter dated 27.06.2023 and the communication forwarded
to the applicant being a communication dated 28.06.2023.
b) An order directing the respondents to release and pay all Post Retirement Benefits
like Gratuity, Leave Salary, CGIS etc. which a retired Railway employee is entitled to with
interest.
c) An order directing the respondents to produce/cause production of all relevant
records.
d) Any other order or further order/orders as to this Hon’ble Tribunal may deem fit
and proper .
”
3. The facts of the case are summarised below:-
3.1 The applicant, being an Ex-Serviceman of the Indian Air Force, was
initially appointed as an Assistant Station Master in the South Eastern
Railway on 10.04.2006. Over the course of his service, he earned
promotions and was posted as a Station Superintendent at Shalimar
Railway Station under the Kharagpur Division.
3.2 The applicant submitted a representation dated 14.03.2022 seeking
voluntary retirement upon completing 55 years of age, citing heavy mental
and physical exhaustion after approximately 37 years of cumulative
Central Government service (including Military service).
3.3 The competent authority vide Memorandum dated 28.06.2022,
communicated the acceptance of his voluntary retirement with effect from
01.07.2022 (F/N). Pursuant thereto, the applicant was relieved.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
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O.A./350/0927/2023
3.4 However, since other post-retirement dues (such as Gratuity, Leave
Salary, etc) were not disbursed, the applicant made several
representations.
3.5 Subsequently, by the impugned communications dated 22.05.2023,
27.06.2023 and 28.06.2023, the respondent authority informed the
applicant that the acceptance of his voluntary retirement was erroneous
and treated as null and void since he had only completed about 15 years, 6
months, and 5 days of regular service under the Railways falling short of
the mandatory 20 years of qualifying service required for voluntary
retirement under Rule 12 of the CCS (Implementation of National Pension
System) Rules, 2021/Master Circular No. 35. Consequently, the applicant
was directed to either rejoin duty (treating the intervening period as Dies-
non) or tender his resignation to settle his claims as a resigned employee.
3.6 The applicant had earlier filed an Original Application being
O.A./350/927/2023 which was disposed of by this Tribunal vide order
dated 23.04.2024. However, the respondents had challenged the said
order in WPCT 336 of 2024 before the Hon'ble High Court at Calcutta. The
Hon'ble High Court had, vide judgment dated 27.01.2025, remanded the
matter to the Tribunal for reconsideration. The respondents were directed
to file their counter reply to the O.A. The respondents have since filed their
counter reply to the Original Application.
4. Heard the applicant in Person and Ld. Counsel for the respondents
and considered the material on record.
5 . At hearing, the submissions made by applicant in person are
summarized below:-
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
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O.A./350/0927/2023
5.1 He is an ex-serviceman who was re-employed in the South Eastern
Railway as Assistant Station Master on 10.04.2006. He retired voluntarily
as Station Superintendent upon acceptance of his application for voluntary
retirement.
5.2 He had preferred a representation dated 14.03.2022 to Respondent
no. 3 allowing him to retire voluntarily followed by another
representation dated 12.05.2022 and that thereafter by a communication
dated 28.06.2022, the applicant was informed that his services stood
terminated with effect from 01.07.2022 towards voluntary exit upon
acceptance of his representation for voluntary retirement by the
competent authority.
5.3 Pursuant to his voluntary retirement from service, he was paid the
benefits of the New Pension System (NPS) and was also issued an identity
card and post retirement railway pass but other post-retirement benefits
were not granted and that, as such, he had made a representation on
11.11.2022 in this regard which was followed by a further representations
dated 02.12.2022 and 26.06.2023.
5.4 He had received a letter dated 27.06.2023 (Annexure-A/10) from
the Asstt. Personnel Officer, South Eastern Railway, Santragachi asking
him to submit his option for re-joining or to resign vide his letter dated
28.06.2023 (Annexure-A/11) addressed to the Deputy Chief Personnel
Officer (HQ), Divisional Railway Manager (P), South Eastern Railway,
Kharagpur reiterated that the applicant should either rejoin or tender his
resignation.
5.5 He further cited the provision in the Railway Rules corresponding to
FR 56 (k) according to which a Group C employee can retire voluntarily
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
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O.A./350/0927/2023
after attaining the age of 55 years and that the qualifying 20 years of
service is not relevant for an employee who is governed by NPS and is not
governed by the Railway Pension Rules, 1993.
5.6 Since his request for voluntary retirement was duly considered and
accepted by the competent authority with effect from 01.07.2022, the
respondents are estopped in law from unilaterally revoking the same after
more than ten months and for treating it as null and void.
5.7 He is governed by the NPS framework and that the actions of the
respondents in withholding legitimate post-retirement dues, and
subsequently coercing him to rejoin or resign, are arbitrary, illegal, and
violative of Articles 14, 21, and 300A of the Constitution of India.
6. Per contra, Ld. Counsel for the respondents vehemently opposed the
application and submitted that it is an undisputed position that the
applicant had completed only around 15 years and 06 months of regular
service under the Respondent Railways. Under the statutory framework
governing railway servants and NPS implementation rules (specifically
Rule 12 of the CCS (Implementation of National Pension System) Rules,
2021 and Master Circular No. 35), completion of a minimum of 20 years of
regular qualifying service is an indispensable prerequisite for seeking
voluntary retirement. He further submitted that the initial acceptance of
the applicant's voluntary exit notice by the local authorities on 28.06.2022
was evidently contrary to the statutory rules governing minimum
qualifying service and that an administrative error or mistaken relief
cannot confer a legal right upon an employee to claim benefits for which
he is statutorily ineligible. Ld. Counsel therefore submitted that the
respondents have the competence to rectify this anomaly.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
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O.A./350/0927/2023
Findings.
7. A copy of a Memorandum No. ESB/DTS/SHM/OP-8/VE/AKS dated
28.06.2022 is available on record which is reproduced below:-
“ Acceptance of the Competent Authority Sr. DOM/KGP towards
the Voluntary Exit w.e.f, 01/07/2022 from Rly service of Sri
Ashim Kumar Saha SS/SHM, Emp No. 50714101782 working
under SMR/SHM is hereby communicated for information to
all concerned. Hence his service stands terminated from
01/07/2022.
”
From the aforesaid memorandum, it is clear that the applicant Shri Ashim
Kumar Saha has been granted voluntary exit from the Railways with effect
from 01.07.2022. The applicant is an ex-serviceman who has been re-
employed in the South Eastern Railway from the Defence Forces. He has
already been granted voluntary retirement with effect from 01.07.2022.
Vide the aforesaid order dated 28.06.2022, there is therefore no reason
whatsoever for the respondents to delay in releasing all post retirement
benefits such as gratuity, leave salary, CGEIS to which a retired railway
employee is entitled to. Further, the communications dated 22.05.2023
along with its enclosure, i.e, letter dated 27.06.2023 and the
communication dated 28.06.2023 (Annexure-A/11) which has been
forwarded to the applicant are meaningless since the applicant has already
been granted voluntary exit vide Memorandum dated 28.06.2022 and his
service stands terminated w.e.f, 01.07.2022.
8. In view of the above discussion and keeping in view the principles of
equity, natural justice and the fact that the applicant was discharged from
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
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Ganguly
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O.A./350/0927/2023
service pursuant to an official order of the department, the Original
Application is allowed without any order as to costs.
9. The competent respondent authority is further directed to disburse
all the post retirement benefits to which the applicant is entitled to as per
the extant rules within 03 (three) months of receipt of a certified copy of
this order.
(Anindo Majumdar)
Administrative Member
//SKG//
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone=
df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74
c00de89, PostalCode=700020, S=West Bengal, SERIALNUMBER=
Sambit Kumar
02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b
4e36f2e, CN=Sambit Kumar Ganguly
Reason: I am the author of this document
Location:
Date: 2026.11.02 12:52:54+05'30'
Foxit PDF Reader Version: 2024.3.0
Ganguly