Judgment:
Dr. A.K. Mishra, Member (A)
1. This application has been filed with a prayer to issue direction to respondent No.3 (Divl. Railway Manager (DRM), West Central Railway, Kota) to forward the service record of the applicant to DRM, Allahabad to determine the retiral benefits of the applicant afresh after taking into consideration the period of service the applicant rendered under DRM, Kota from 1968 to 1978 and further for a direction to the respondents to expeditiously decide his retiral benefits and grant him all consequential benefits including interest on the amount due to be paid after fresh determination is made.
2. According to the applicant, he joined under DRM, Kota on 25.09.1968 as a Cleaner and subsequently was promoted as 2nd Fireman. While working as a confirmed railway employee at Kota he applied for the post of Guard in response to the advertisement of Railway Recruitment Board, Allahabad. He was duly selected for the post of Guard (Grade-C) and was so informed by the office of General Manager, Northern Railway on 21.08.1978. He was asked to report to headquarters office with original documents so that he could join the training programme meant for Guards commencing from 04.09.1978. A copy of this letter (Annexure-A1) was endorsed to the Divisional Superintendent, Western Railway, Kota asking him to relieve the applicant so as to enable him to report the headquarters on 02.09.1978 for onward joining at Zonal Training School, Chandausi to participate in the training programme commencing from 04.09.1978.
2.1 According to the applicant, he had applied for the higher post of Guard (Grade-C) through proper channel and he had requested to the Headquarters Office, Northern Railway on 16.08.1978 to exempt him from medical examination as he was medically examined by Railway Medical Officer in April, 1978 and was declared to be in A-I category before he was promoted to the post of Fireman (vide Annexure-A2). A reference has been made to this representation while informing him about his selection and asking him to report to the headquarters in connection with his appointment to the post of Guard-C.
2.2 He further submits that he had a regular Provident Fund Account No. 1553159 in Western Railway. He made a representation on 20.05.1980 (Annexure-A3) by which he requested DRM, Kota to forward all his service records. This representation was made through proper channel and forwarded to DRM, Kota as can be seen from the endorsement at Annexure-A3.
2.3 His grievance is that the railway service rendered by him at Kota has not been taken into account while determining his pension after he retired on 31.08.2005 at Tundla DRM, Allahabad. He had made a number of representations in this regard and has enclosed copies of a few at Annexure-A3 and Annexure-A4 without getting any relief. DRM, Allahabad had also written a letter to DRM, Kota requesting them to send a letter of authority (Annexure-A5) about the service rendered by the applicant at Kota as Cleaner/Fireman so that his admissible past service would be taken into account before finalizing his pension. When there was no response from Kota, his pension was determined on the basis of his service rendered under DRM, Allahabad; hence the present O.A.
3. Learned counsel for the respondents raised the preliminary objection that this application has been hopelessly barred by limitation as it has been made after a long lapse of time. According to him, the original cause of action arose after he joined at Tundla under DRM, Allahabad and his service records in the previous station were not transferred and there was no response to his representation dated 20.05.1980. The settled law is that repeated representations will not give a fresh cause of action. Further, he has acquiesced in the situation all these years and as such he could not be permitted to raise this issue after such delay. Even if it is considered that a fresh cause of action had arisen at the time of his retirement when no response was received to the letter dated 25.06.2005 by DRM, Allahabad, he should have taken legal steps for redressal of his grievance. The learned counsel has placed reliance on many judgments mentioned in the counter-affidavit filed on 21.12.2011.
4. Learned counsel for the applicant submits that the subject matter of the present application is the admissibility of the past service rendered by the applicant under Kota Division for the purpose of his pension and other retiral benefits. She placed reliance on the following judgments to contend that limitation will not be held against the applicant as the matter relates to determination of pension and recurring cause of action is available to the applicant due to wrong fixation of his pension:-
(i) Apparel Export Promotion Council Vs. A.K. Chopra,JT 1999(1)SC 61.
(ii) Secunderabad Hyderabad Hotel Owners Associationand ors. Vs. Hyderabad Municipal Corporation, Hyderabad and Anr., JT 1999(1) SC 75.
(iii) S.K. Mastan Bee Vs. The General Manager, South Central Railway and Anr., 2003(1) SC SLJ 136.
5. Admittedly, the matter relates to determination of pension and the admissibility of the service rendered by the applicant in Kota Division of the Railways. This issue will have a bearing on the quantum of pension which the applicant will get every month. Therefore, we agree with the contention of the learned counsel for the applicant and do not sustain the preliminary objection of the respondents.
6. As regards merits, the respondents have stated that the applicant never forwarded his application through proper channel. He independently sent the application to the Railway Recruitment Board and on selection joined for training and thereafter the regular service as Guard (Grade-C) under DRM, Allahabad. The matter being very old, Kota Division does not have records pertaining to his service there. However, photo copies of some of the pages of the service book available with Kota Division have been filed at pages 101-109. Page-101 indicates that he was medically examined on 16.03.1974 and appointed on the post of Cleaner on 22.03.1974. The entries made in the service book at Kota reveal that his service was last verified on 31.03.1975. However, there are entries which suggest that he was on Half Pay Leave from 27.06.1975 to 29.06.1975. A new service book has been opened in respect of his fresh appointment as Guard on 21.11.1978. This service book has been maintained till his retirement on 31.08.2005. We called for the original service books. They do not throw any more light on the subject.
6.1 However, the respondents No.1 and 2 have mentioned that the applicant had passed the medical test in A-1 category in April 1978 while working in Idgah Shed Western Railway under Divisional Superintendent Kota. They have also filed a copy of the letter dated 02.09.1978 (page-114) which is about intimation to the applicant to join the training meant for Prob. Guard Gr.(C) which was to start from 04.09.1978 at Chandausi. The following reference has been made in this letter:-
“He has passed the medical examination in category A-I on 5/4/78 vide D.S.Kota, W.Rly letters No.E/12/6592 dated 13-8-78.”
This letter clearly establishes the claim of the applicant that while working at Kota he was subjected to medical examination and was declared in category A-1 on 05.04.1978 in connection with his promotion to the post of Fireman. This letter also refers to the communication received from DS Kota, Western Railway dated 13.08.1978. The appointment letter dated 21.08.1978 issued from the headquarters of Northern Railway has endorsed a copy of appointment to D.S., Western Railway, Kota for his information and also with a request to relieve the applicant in time so as to enable him to report to the headquarters office on 02.09.1978 and then onward at the training institute, Chandausi for the training programme commencing from 04.09.1978.
7. From the evidence on record, the following facts emerge:-
The applicant was appointed on a regular post of Cleaner on 22.03.1974. The letters referred to in the preceding paragraph also clearly establish that he was medically examined at Kota on 05.04.1978 and this fact was informed to Northern Railway in the letter dated 13.07.1978 of D.S., Kota, Western Railway. Since the copy of appointment letter dated 21.08.1978 was endorsed to Kota it goes to prove the contention of the applicant that he was with Kota as late as 21.08.1978. The request in this letter was to relieve him so that he could report to the headquarters office on 02.09.1978. Although the exact date of his relief is not forthcoming yet it could be safely concluded that he was in the employment under Kota Division till the last week of August, 1978. Thereafter, he reported for training under Allahabad Division. It is true that no document is forth coming whether his application was forwarded through proper channel or not. Nevertheless, Kota Division, Western Railway had never objected to his being selected for Guard Grade-C; neither did it raise any objection to relieve him as per the direction received from the headquarters office, Northern Railway.
8. From the analysis of evidence, we find that the applicant was, in fact, working at Kota Division from 22.03.1974 till the end of August 1978. Thereafter, he reported to the headquarters office of Northern Railway and subsequently at the training institute on 04.09.1978. Therefore, it would be unfair to deny the period of service which the applicant rendered to the Railway from 22.03.1974 till end of August, 1978.
9. Respondent No.2 is directed to examine the matter afresh in the light of the foregoing observations whether this period should not be taken into consideration to arrive at the total admissible period of his railway service for determination of his pensionary benefits at the time of his retirement on 31.08.2005 and pass a speaking order according to rules within two months from the date of receipt of a copy of this order.
10. The O.A. is disposed of in terms of the aforesaid directions. No costs.