- (1.) The petitioner has prayed for the issuance of a Writ of Mandamus commanding upon the respondent Nos. 1, 2 and 5 to pay the dues of the petitioner and also to refund the amounts said to have been wrongly deducted and to pay pension to him under the Railway Claims Tribunal Rules together with interest thereon. The petitioner has also prayed for a declaration declaring Section 10 of the Railway Claims Tribunal Act, 1987 as being ultra vires the Constitution of India.
(2.) The case of the petitioner is that while he was posted as an Additional District and Sessions Judge, 3rd Court, Nadia at Krishnanagar, he applied for voluntary retirement. By a Notification dated 20th March, 2003, the Judicial Department of the Government of West Bengal notified that the Governor of West Bengal had been pleased to allow the petitioner to retire voluntarily from service with effect from 21. 3. 2003 for joining the post of Member (Judicial), Railway Claims Tribunal, Kolkata Bench under the Ministry of Railways, Government of India. Thereafter by an Order dated 25.3.2003, the Deputy Secretary (D)/ Railway Board, Government of India, Ministry of Railways issued the Appointment Letter intimating, inter alia, that the President had been pleased to appoint the petitioner as Member (Judicial), Railway Claims Tribunal at Kolkata against an existing vacancy and that the tenure of service would be for a period of 5 years from the date of assumption of charge or the date on which he attained 62 years of age, whichever was earlier. It was further ordered that salaries and allowances payable to the petitioner as well as his conditions of service, will be governed in accordance with the provisions of the Railway Claims Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 1989 as amended from time to time. The petitioner assumed charge on and from the forenoon of 26. 3. 2003.
(3.) The aforementioned facts would be evident from reading the Notification dated 20.3.2003, the Order dated 25.3.2003 as well as the charge report dated 26.3.2003 brought on record by the petitioner between pages 25 to 27 of the Writ Petition.;