IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 16226 of 2009 1. UNION OF INDIA THROUGH THE GENERAL MANAGER, NORTH EASTERN RAILWAY, GORAKHPUR, 2. CHIEF PERSONNEL OFFICER, NORTH EASTERN RAILWAY, GORAKHPUR 3. CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) NORTH EASTERN RAILWAY, GORAKHPUR 4. DEPUTY CHIEF ENGINEER (CONSTRUCTION) EAST CENTRAL RAILWAY, SAMASTIPUR (BIHAR) …… Petitioners Versus KHOJENDRA NARAYAN DAS, S/O- LATE TILAK NARAYAN DAS, RESIDENT OF VILLAGE + P.O. BALOUR, DISTRICT- DARBHANGA (BIHAR), RETIRED SENIOR T.S. AMIN FROM THE OFFICE OF THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) NORTH EASTERN RAILWAY, SAMASTIPUR. ….. Respondent ----------- 3 03.02.2010 Heard Mr. Shabir Ahmad for the petitioners. This writ petition is directed against the order dated 11.7.2008 (Annexure- 1), passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 464 of 2005 (Khojendra Narayan Das versus Union of India & Ors), whereby the original application has been allowed, and the respondent authorities have been directed to allow post-retirement benefits to the original applicant after taking into account the total length of service with the respondents from 1.1.1983 to 30.9.1997. 2. We have perused the materials on record, and considered the submissions of learned counsel for the petitioners. We shall go by the description of the parties occurring in the original application. It appears that the petitioner served the Railways from 1979 to 1983, on daily wages. He was granted temporary status accompanied with a regular pay-scale w.e.f. 2 1.1.1983. He was promoted as Amin. He superannuated from the services of Railways on 30.9.1997. The respondent authorities took the stand that the half of the period of service as a temporary employee, i.e. from 1.1.1983 to 30.9.1997, shall enure to the benefit of the original applicant for the purpose of computation of post-retirement benefits. Consequently, the respondents gave to the original applicant credit of a period of 7 years and 3 months, which was below the qualifying period of service, and disentitled the applicant from post-retirement benefits. The Tribunal disagreed with the approach and has, inter alia, stated in paragraph 6 of the impugned order that the applicant is entitled to count the total length of service on temporary basis from 1.1.1983 to 30.9.1997 for the purpose of computation of post-retirement benefits for the reasons assigned therein. 3. We agree with the impugned order for the reasons assigned therein. The writ petition is dismissed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )