MATHURA SARJU Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act, 1985 for directions/orders to the respondents to pay monthly pension along with arrears and interest at the rate of 18% on the accumulated pension till the date of full payment, to pay the DCRG amount with interest at the rate of 18% p.a. and to issue the yearly complementary free passes as per eligibility of the applicant with immediate effect.

(2.) The applicant Mathura Sarju who was working as Shunter/Driver in Bandra Marshalling Yard of Western Railway, Mumbai which is under the Administrative control of the Divisional Railway Manager, Mumbai Central Division, Mumbai No. 8 belongs to the Mechanical Department and controlled by the Mechanical Officers in the Divisional office. The applicant, Mathura Sarju during his service period was allotted Railway Quarter No. 122/A Type-II at Santacruz (East) Mumbai and he was residing there with his family. He sought voluntary retirement after completion of 30 years on 15.9.1985. The said quarter No. 122/A Santacruz (E) Mumbai was regularised in the name of his son Ram Raj M. who was sharing the accommodation and working as Furnaceman T. No. 3081 in the Smith Shop, Parel Carriage Workshop, Western Railway, Mumbai which is under the charge of Chief Works Manager, Parel Workshop, Western Railway, Mumbai vide order No. E58/ CW/2 Vol. II dated 16.6.1986 (Annexure-'A-2'). Thereafter, the said Shri Ram Raj M. was allotted Qr. No. 113-A, Santacruz (E), Mumbai as a change over from Type-II Qr. No. 122/ A at Santacruz (E), Mumbai vide Chief Works Manager's Office letter No. E58/CW/2 Vol. IV dated 5.12.1994. Rent was recovered from the said Ram Raj w.e.f. 1.10.1985 (Annexure--'A-4').

(3.) THE applicant claims that complete non-payment of monthly pension is arbitrary, illegal and irregular act. He approached the Bank and Railway Offices. THEreafter served Advocate's notice dt. 16.12.1997 (Annexure-'A-8') followed by another Advocate's noticed dt. 23.10.1999.