Union Of India v. P R Narayanan

This RA has been filed by the respondents in OA stating that post retirement complementary passes are to be given to Railway employees, who have completed 20 years of service. Rule 107 of Railway Servant (Pension) Rules, 1993 can be invoked to relax any of the provisions but not to relax any provision of the rules. As such, it is prayed that the order passed on 18.3.2008 be reviewed.

2. A similar case, i.e., RA-175/2008 in OA-2127/2007 has been decided by the Tribunal on 17.4.2009 whereby taking cognizance of Rule 17 of Railway Servants (Pass) Rules 1993, where there is a power to include, modify, amend or delay or relax any of the provisions contained in the rules, the order passed in OA-2127/2007 was reviewed with the following observations:- 9. In the result, for the foregoing reasons, the OA is partly allowed. Impugned orders are set aside. Case is remitted back to the respondents to reconsider the claim of applicant as per decision in P.R. Narayans case (supra) and also under Rule 17 of Railway Servants (Pass) Rules 1993 for relaxation of the provisions in grant of post retirement complimentary passes and post retirement medical facilities to the applicant within a period of two months from the date of receipt of a copy of this order. No costs.

3. In the instant case, while disposing of the OA on 18.3.2008, following directions have been issued:- 9. In the light of changed situation, OA stands partly allowed. Impugned order is set aside. Matter is now sent back to respondents to consider for grant of post-retirement complimentary passes and medical facilities to applicants in the light of addition of half of their service in public sector undertakings / non-railway services. A reasoned order to this effect shall be passed within a period of three months from the date of receipt of a copy of this order. No costs. Accordingly, it is directed that the same shall now be substituted with the following observations:- 9. In the result, for the foregoing reasons, the OA is partly allowed. Impugned orders are set aside. Case is remitted back to the respondents to reconsider the claim of applicant as per decision in P.R. Narayans case (supra) and also under Rule 17 of Railway Servants (Pass) Rules 1993 for relaxation of the provisions in grant of post retirement complimentary passes and post retirement medical facilities to the applicant within a period of two months from the date of receipt of a copy of this order. No costs. Accordingly, the RA is allowed. OA is also partly allowed. Registry is directed to include the above paragraph and serve a fresh copy to the parties. No costs. ( Shanker Raju ) Member (J) /sunil/