Prayagraj: The Allahabad High court has said it was ‘ undesirable ’ for a court or tribunal to say that a litigant should be thankful to it for allowing his petition , as an order is passed on merit of a case and ‘it is not a favour extended to a litigant’. While allowing a petition filed by one Avinashi Prasad, a retired railway employee, a division bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar directed the respondent railway authority to accord benefit of old pension scheme and other pensionary benefits as provided under the Railway Services (Pension) Rules, 1993 to the petitioner with all consequences, in accordance with law. The petitioner’s counsel argued that Central Administrative Tribunal (CAT), Allahabad bench dismissed the orginal application (OA) of Prasad without considering the fact that his services were regularized and he was accorded the benefits of seniority from 1990 but was denied old pension scheme.
“Also, the CAT had said the petitioner should be thankful that he has been accorded the benefit of a regular employee unlike hundreds of others who are litigating each day without getting such relief. Consequently, the original application was dismissed,” said petitioner’s counsel. The high court said the observation made by the tribunal was totally uncalled for.
“The observations give a feeling as if the tribunal had extended some favour to the petitioner. Whatever orders are passed by the tribunal/court are based on .
