M JAMES vs SOUTH CENTRAL RAILWAY
- Court
- Central Administrative Tribunal
OA/1113/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
OA/21/1113/2025
rd
HYDERABAD, this the 03 day of August, 2026
Hon’ble Ms. Shalini Misra, Administrative Member
M. JAMES, S/o. M. Narayanappa,
Aged: 74 Yrs., Group -‘C’
Occ: Retd. Sr. Trackman,
Office of SSE/P. Way/NDL, Sr.DEN/Co-Ordn/GNT,
South Central Railway,
R/o H.No.26/470, Burmashell,
Nandayal, Nandayal R.S,
NANDAYAL DISTRICT - 518 501,
ANDHRA PRADESH.
….Applicant
(By Advocate: Mr. Altaf Hussain)
Vs.
1. Union of India represented by
The General Manager,
South Central Railway,
3rd Floor, Rail Nilayam,
Secunderabad - 500 003 (Telangana State)
2. The Principal Chief Personnel Officer,
th
South Central Railway, 4 Floor, Rail Nilayam,
Secunderabad - 500 003 (Telangana State)
3. The Divisional Railway Manager,
GUNTUR Division, South Central Railway,
GUNTUR-522 006, ANDHRA PRADESH.
4. The Senior Divisional Personnel Officer,
GUNTUR Division, South Central Railway,
GUNTUR-522 006, ANDHRA PRADESH.
….Respondents
(By Advocates: Mr. B. Siva Sankar, Sr. PC for CG)
------
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 1 of 7
OA/1113/2025
ORAL ORDER
(As per Hon’ble Ms. Shalini Misra, Administrative Member)
By this OA, the applicant has sought the following relief:
“ .......to call for the records pertaining to issuance of
impugned proceedings dated 19.08.2024 and quash and
set-aside the impugned proceedings and direct the
Respondents to add 50% of Casual Labour Service towards
qualifying service in terms of extant Rules and to grant
consequential benefits accordingly and pass any other
order or further orders as deemed fit and proper in the
.”
interest of justice.
2. The brief facts of the case are that the applicant was appointed as
Casual Labour in the Engineering department on 01.01.1986 in South
Central Railway. Subsequently, he was absorbed into the same Engineering
department on a regular basis on 07.05.1993. He progressed in Engineering
department and finally retired as Sr. Trackman on 31.05.2011 on attaining
the age of superannuation. At the time of retirement, it was indicated in the
Service Certificate issued to the applicant that his period of service is from
01.01.1986/07.05.1993 to 31.05.2011. However, in the Pension Payment
Order (PPO) dated 05.10.2017, it was indicated that the applicant’s date of
appointment is 01.02.1984 and net qualifying service is 21.5 years.
3. The applicant has made several representations to the respondent
authorities for the issue of Post Retirement Complimentary Passes (PRC).
In this regard, Sr.DPO/Guntur vide impugned proceedings, dated
19.08.2024, intimated to the applicant that the applicant is not entitled to
PRC passes, as he did not complete 20 years of minimum qualifying service
for the issue of PRC passes as per the extant rules.
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 2 of 7
OA/1113/2025
4. The applicant further submitted that the applicant had put up Casual
Labour service from 01.01.1986 to 07.05.1993 i.e., 7.5 years of Casual
Labour service before being absorbed on regular basis. In terms of Rule 31
of Railway Services (Pension) Rules, 1993, 50% of Casual Labour service
i.e., 3.7 years is to be reckoned for the purpose of calculation of total
qualifying service of the applicant. Therefore, the total qualifying services
for which the applicant becomes entitled is 21.7 years of service.
5. The applicant submitted that he is eligible for grant of PRC passes
since he has completed more than 20 years of qualifying service. Without
considering the 50% of Casual Labour Service, the respondent authority,
i.e., Sr.DPO/GNT denied granting the PRC passes on the ground that the
applicant did not complete 20 years of qualifying service. Feeling
aggrieved, the applicant filed the present OA.
6. After notice, respondents have appeared through their counsel and
filed a detailed reply opposing the relief stating that the applicant was
initially engaged as APS Gangman on 30th of the monthly rate of pay
w.e.f., 01.02.1984 in the scale of Rs. 200-250/-. He was granted monthly
rate of pay in the scale of Rs.200/- as Casual Labour (Temporary Status) in
the Engineering Department w.e.f., 01.01.1986. He was thereafter screened,
empanelled, and absorbed into regular service w.e.f. 07.05.1993. He retired
from service on 31.05.2011 as Senior Trackman.
7. The respondents have submitted that during the applicant's Casual
Labour (Temporary Status) period from 01.01.1986 to 06.05.1993, he
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 3 of 7
OA/1113/2025
remained absent for a non-qualifying spell of 01 year 01 month and 12
days, and his net qualifying Temporary Status service comes to 06 years 02
months and 23 days. That during his regular service period from
07.05.1993 to 31.05.2011, he remained absent for 02 years 09 months and
14 days, which is non-qualifying, leaving a net regular qualifying service of
15 years 03 months and 10 days.
8. As per Rule 31 of the Railway Services (Pension) Rules, 1993, only
50% of the service rendered after attaining Temporary Status is reckonable
as qualifying service. Accordingly, only 50% of the applicant’s Temporary
Status service has been taken into account.
9. The respondents have further contended that the applicant's total
qualifying service, after adding 50% of his Temporary Status service (03
years 01 month and 12 days) to his net qualifying regular service (15 years
03 months and 10 days), comes to 18 years 04 months and 22 days
(approximately 18.5 years). This is below the mandatory requirement of 20
years prescribed for eligibility to PRC passes. The Working Sheet of
Terminal Benefits issued on 31.05.2011, which is the contemporaneous and
primary document for determining qualifying service, clearly reflects this
position.
10. The respondents have contended that the applicant intentionally
suppressed the working sheet issued at the time of his retirement and has
filed the present OA relying solely on the Pension Payment Order (PPO)
generated at a later stage. It is admitted that in the PPO dated 05.10.2017,
the applicant’s qualifying service has been erroneously mentioned as 21.5
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 4 of 7
OA/1113/2025
years due to a clerical/technical error. However, such an inadvertent error
in the PPO does not confer any legal right upon the applicant to overcome
his actual qualifying service of 18.5 years, which stands conclusively
established by the Working Sheet issued at the time of retirement.
11. The respondents further contended that as per Rule 8 of the Railway
Servants (Pass) Rules, 1986, a Group-C Railway servant having qualifying
service between 20 and 25 years is entitled to one set of Post-Retirement
Complimentary Passes, and those having more than 25 years of qualifying
service are entitled to two sets. Since the applicant has only 18.5 years of
qualifying service, he does not fulfill the minimum eligibility criterion
prescribed under the said rules, and therefore his representation was rightly
rejected vide DRM(P)/GNT's letter dated 19.08.2024. There is absolutely
no illegality, arbitrariness, procedural irregularity, or violation of rules in
the action of the respondents. The applicant is not entitled to any relief,
having failed to meet the basic qualifying service requirement for PRC
passes. Therefore, the respondents prayed for dismissal of the OA.
12. Heard learned counsels for the parties and perused the material on
record.
13. The applicant who was appointed as Casual Labour in Engineering
Department on 01.01.1986, superannuated on 31.05.2011, when he
requested the respondent authorities for the issuance of post the retirement
Complementary post, the impugned proceedings dt. 19.08.2024 have been
issued informing the applicant that he is not entitled for PRC post as he has
not completed 20 years of minimum qualifying service. As per contention
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 5 of 7
OA/1113/2025
of the applicant, he has put up 21.07 years of service which are mentioned
in the Pension Payment Order issued by the Accounts Officer on
05.10.2017. As per this Pension Payment Order, his date of appointment
shown as 01.02.1984 and net qualifying service as 21.05 years believing
this PPO, applicant is contesting that he has completed 20 years of
qualifying service.
14. Respondents in their reply submitted that it is a fact that he has joined
as Gangman on 01.02.1984 but, he was granted temporary status in the
Engineering Department with effect from 01.01.1986. Respondents also
accepted that the PPO order is an error by the concerned officer, and this
error does not confer any legal right to the applicant.
15. The respondents have also submitted that the applicant has
intentionally suppressed the work sheet as issued at the time of his
retirement. Respondents have produced the pension calculation to the
Tribunal on 22.06.2026 and as per this calculation, the applicant temporary
status of service is for 7 years 4 months 5 days. But, after deducting non-
qualifying temporary service of 1 year, 1 month, and 12 days. The net
casual labour service comes to 6 years, 3 months, and 23 days. His regular
service is 18 years 04 months 22 days and in this also non qualifying
service is 2 years 9 months 14 days. Therefore, the net qualifying service is
15 years 3 months 10 days. In this taking 50% of the net casual labour
service of 3 years, 1 month, and 12 days. The total qualifying service
comes to 18 years, 4 months, and 22 days, in short, 18.5 years. The
applicant’s counsel has aggrieved with this calculation sheet.
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 6 of 7
OA/1113/2025
16. Therefore, there is no merit in the case being devoid of merit. The
OA is dismissed. Pending MAs, if any, stand closed. No order as to costs.
(SHALINI MISRA)
ADMINISTRATIVE MEMBER
/al/
Digitally signed by KANDULA ADI LAXMI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
0459ed4d33f2e688401f50a334f22f2765def221058355944efda2fed484935f, SERIALNUMBER=
fbe6223d8101f543565a085debc10def0935e296c991adef30560be3547b9765, [email protected], CN=KANDULA ADI LAXMI Reason: I am the author of this document
KANDULA ADI LAXMI Location: Date: 2026.08.31 14:49:21+05'30'
Foxit PDF Reader Version: 2025.1.0
Page 7 of 7