JASABHAI ALABHAI RATHOD Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard learned Counsel Mr. Anand B. Gogia, appearing for the petitioner and Mrs. Vasavdatta Bhatt appearing for the respondents.

(2.) The brief facts of the case are that the petitioner was joined his services as WSPA in Railways on 24.07.1948. After completing 26 years of service in Railways, he wanted to retire from service. Stating these facts he tendered his resignation on 18th February 1974. The resignation was accepted by the respondents vide order dated 5th November 1974.

(3.) On 27th January 1998, the Government of India, Ministry of Railways issued a circular for grant of Exgratia payment to surviving family members of the retired SRPF (C) employees, who had retired between the period of 01.04.1957 to 31.12.1985. This Exgratia amount was to be paid to those employees who had completed 20 years of continuous services, prior to the date of their superannuation. Paragraph No. 2 of the circular clearly mention that this Exgratia payment will not be admissible to dismissed/removed employees, or to the employees who had resigned from service before completing 20 years services.