PRATIBHA BANERJEE, J. - (1.) The above Title Suit No.46 of 1987 was received on transfer from the court of the Assistant District Judge at Asansol by this Tribunal u/s. 29 of the Administrative Tribunals Act and registered as T.A. 171 of 1988.
(2.) The applicant is a retired Inspector of Railway Protection Force, residing at Chittaranjan, District -Burdwan. He filed the above suit on 25.5.87 against the respondents for declaration that the defendants have no right to withhold his pensionary benefits. The applicant also made an application for mandatory injunction for payment on 25.5.87 against which the respondent Nos. 3 and 4 filed objection on 14.8.87. On 24.8.87, the applicant made an application for transfer of the above suit to this Tribunal. The respondent Nos. 3 and 4 filed an objection on 3.11.87 contending that the Railway Protection Force Act falls outside the purview of Central Administrative Tribunal and as such the present suit cannot be transferred to this Tribunal. The applicant filed a reply on 17.2.88.
(3.) It appears from the order sheet dated 23.8.88 that the learned Assistant District Judge, Asansol, after hearing the counsel for both the parties and on the basis of a Circular No. GMA/GS/69 Pt. III dated 28.5.87/1.6.87, wherein it was shown that R.P.F. personnel were Railway Servants within the meaning of Sec. 10 of the R.P.F. Act, came to the conclusion that he had no jurisdiction to entertain the suit and as such ordered the suit to be transferred to this Tribunal.;