- (1.) We have heard learned counsel for the petitioner Union of India and perused the judgment of Central Administrative Tribunal, Jodhpur Bench, Jodhpur (hereinafter referred to as "the Tribunal") dated 21.01.2004.
(2.) The Tribunal by the impugned order has directed the petitioners to recalculate the pension of respondent taking his total length of service as years and grant all consequential benefits including two complementary passes. Respondent was initially appointed as Tea Vendor with the canteen managed by a committee of Railway Workshop on 10.02.1956. Respondent and persons similarly situated were not considered as Govt. Employee. Apex Court in the decision M.M.R. Khan and Others v. Union of India and Others, reported in AIR 1990 SC 937 directed to recount the services of canteen employee for the purpose of eligibility for post retirement complementary passes. Pursuant to the directions of the Apex Court, Railway Board issued a circular No. 180/2003 wherein a decision was taken that service rendered by the canteen employees prior to their regularisation dated i.e. 22.10.1980 shall be counted for the purpose of eligibility for post retirement benefits. The Tribunal on consideration of entire material, in depth and detail, allowed and Original Application filed by the respondent.
(3.) It is submitted by the learned counsel that in view of the decision of Railway Board, services prior to the regularisation could be counted only for the limited purpose of issuing passes and not granting entire pensionary benefit.;