Satyabrata Sinha, J. - (1.) This writ application is directed against the judgment and order dated 9.12.99 passed by the Central Administrative Tribunal, Calcutta Bench, in O. A. No. 700 of 1997 and O. A. No. 779 of 1997 whereby and whereunder the application tiled by the petitioner herein was dismissed.
(2.) The fact of the matter is not in dispute.
(3.) The petitioner joined the Railway Service as Khalasi. He was promoted to the post of Head Train Examiner (HTXR). Allegedly, on 14.1.97, he had to leave his place of duty owing to his illness. His duty was reallocated to one J. K. Bagchi, C. S. The petitioner was asked to attend the office of C. V. I., Maligaon. The petitioner joined his duties at Siliguri Junction Railway Station on 17.1.97. He again went on leave on 17.2.97 and was admitted to a Hospital. On or about 30th April, 1997, the petitioner reached the age of superannuation and retired from service. Although by that time no departmental proceeding was initiated, he was not paid his retiral and terminal benefit. He was paid only the provident fund amount and group insurance maturity value on 1.5.97. He made a representation which was not taken into consideration. On 13.6.97, the petitioner filed an application which was marked as O. A. No. 700 of 1997 praying for release of his retiral benefit, whereafter only, that is, on 17.6.97 a charge-sheet was served upon him.;