Facts
The applicants, both retired railway employees, filed the Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking pensionary and retiral benefits by counting half of their casual service and the period of service from the grant of temporary status until regularisation as qualifying service.
Source reference: para. 2They also sought recalculation of pension and payment of consequential arrears, relying on decisions in O.A. No. 117/2007, the Patna High Court judgment dated 29 April 2013, the Supreme Court proceedings in Union of India & Ors. v. Sarju, SLP (C) No. 20041/2008, and the CAT Kolkata decision in O.A. No. 350/1472/2015.
Source reference: para. 2The applicants claimed parity with similarly situated railway employees, including Shri Santosh Deb and others, who had allegedly been granted corresponding benefits.
Source reference: para. 2They had submitted representations dated 26 June 2026, but no decision had been communicated to them.
Source reference: para. 3The application for joint prosecution under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987 was also filed and allowed.
Source reference: para. 1Issues
1. Whether the applicants could be permitted to prosecute the Original Application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987, on the ground that they had a common grievance?
Source reference: para. 12. Whether the competent Railway authority should be directed to consider the applicants’ representations concerning counting of casual and temporary-status service for pensionary and retiral benefits?
Source reference: paras. 3–63. Whether the applicants were entitled, at this stage, to a direction for grant or recalculation of pensionary benefits and consequential arrears?
Source reference: paras. 4–6Law Applied
The Tribunal applied Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, permitting joint prosecution where applicants have a common grievance.
Source reference: para. 1It exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, under which an aggrieved person may approach the Tribunal for redressal of a service-related grievance.
Source reference: para. 2The Tribunal also relied on the procedural principle that, where an applicant seeks consideration of a pending representation, the competent authority may be directed to examine it and communicate a reasoned and speaking decision within a specified period.
Source reference: para. 6The applicants relied upon the pensionary-service principles referred to in Union of India & Ors. v. Sarju, SLP (C) No. 20041/2008, the Patna High Court decision, and O.A. No. 350/1472/2015, but the Tribunal did not adjudicate the substantive applicability of those authorities to the applicants’ entitlement.
Source reference: paras. 2, 4–6Reasoning
The Tribunal found that the applicants had a common grievance and accordingly permitted joint prosecution under Rule 4(5)(a).
Source reference: para. 1However, since the applicants’ representations dated 26 June 2026 had not yet been decided, the Tribunal considered it appropriate to adopt a limited procedural course rather than determine the substantive pension claim at the admission stage.
Source reference: paras. 3–6It directed the competent Railway authority to examine the representations in light of the cited judicial decisions, treating the Original Application as part of the representations, and to issue a reasoned and speaking order.
Source reference: para. 6The Tribunal expressly left the question of actual entitlement to pension recalculation, arrears, and other consequential benefits to the competent authority’s consideration.
Source reference: para. 6Holding
The application for joint prosecution was allowed.
The Original Application was disposed of at the admission stage with a direction to the competent Respondent authority to consider the applicants’ representations dated 26 June 2026, together with the Original Application, and communicate a reasoned and speaking decision within three months from receipt of a copy of the order.
Source reference: paras. 1, 6–7If the applicants were found entitled to the claimed relief, the authority was directed to extend the benefit and undertake consequential follow-up action within the same period.
Source reference: paras. 1, 6–7No order as to costs was made, and the Miscellaneous Application was also disposed of.
Source reference: para. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
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SWAPAN KUMAR SHOMEvsEASTERN RAILWAY
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