SHIVCHARAN S RAJPUT Vs. UNION OF INDIA
LAWS(GJH)-2016-6-329
HIGH COURT OF GUJARAT
Decided on June 27,2016

Shivcharan S Rajput Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

M.R.SHAH,J. - (1.) As common question of law and facts arise in this group of petitions, all these petitions are decided and disposed of together by this common judgment and order.
(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad dated 17.01.2014 passed in Original Application No. 105 of 2013 with Miscellaneous Application No.128 of 2013 and also order dated 18.05.2015 passed in Review Application No. 1 of 2015, by which, the learned Tribunal has dismissed the said application preferred by the petitioner herein ­ original applicant, petitioner herein ­ original applicant has preferred present Special Civil Application No. 15623 of 2015. 2.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad dated 17.01.2014 passed in Original Application No. 104 of 2013 with Miscellaneous Application No.127 of 2013 and also order dated 18.05.2015 passed in Review Application No. 2 of 2015, by which, the learned Tribunal has dismissed the said application preferred by the petitioner herein ­ original applicant, petitioner herein ­ original applicant has preferred present Special Civil Application No. 15624 of 2015. 2.2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad dated 20.03.2015 passed in Original Application No. 358 of 2015 with Miscellaneous Application No.377 of 2013, by which, the learned Tribunal has dismissed the said application preferred by the petitioner herein ­ original applicant, petitioner herein ­ original applicant has preferred present Special Civil Application No. 20764 of 2015.
(3.) For the sake of convenience, facts in Special Civil Application No. 15623 of 2015 arising out of the Original Application No. 105 of 2013 are narrated. 3.1. That the original applicant approached the Tribunal, by filing Original Application No. 105 of 2013 inter alia prayed for following reliefs: "A.Hon'ble Tribunal may be pleased to admit and allow the present application; B. It may please be held, declared and directed that the applicant treated / is entitled to the pensionary benefits, treating him as appointed from initial date of Vendor i.e. from July 23, 1971 (23.07.1971) notionally deemed effect by calculating entire service as qualifying service or 50% (Fifty percent) as qualifying service from the date of appointment as Vendor till regular absorption, followed by regular appointment in Railway service with all consequential benefits, including pensionary scheme / family pension as available to the Railway employees prior to January 01, 2004 (01.01.2004)" 3.2. It was the case on behalf of the original applicant that looking to the inordinate delay caused by the respondent in implementing / acting upon the scheme of absorption of Vendors in catering department in Regular Railway service, has resulted in denial of the benefits in pension rules as on January 01, 2004, there being short period of service left, in their retirement. Therefore, it was requested to declare that the applicant is entitled to pensionary benefits, treating him as appointed from initial date of vendor i.e. from July 23, 1971 notionally with deemed effect by calculating entire service as qualifying service or 50% as qualifying service from the date of appointment as Vendor till regular absorption, followed by regular appointment in Railway service with all consequential benefits, including pensionary scheme / family pension as available to the Railway employees prior to January 01, 2004. 3.3. That by impugned common judgment and order, the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad had dismissed the said application. Similar, common judgment and order is passed in other original applications also dismissing the original applications preferred by the respective original applicants, arising out of it, other Special Civil Applications are preferred. ;


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