Swastik Sanyal v. Union of India and Ors.
Case brief
What is this about?
Swastik Sanyal Vs. Union of India & Ors., WP.CT 17 of 2026, decided 20.01.2026 (Sujoy Paul, CJ.; Partha Sarathi Sen, J.). Writ under Articles 226/227 against CAT Kolkata Bench order dt. 10.12.2024 in O.A. 350/836/2015 (railway pension, DCRG, leave salary 286 days, compassionate allowance / withdrawal of resignation; Rule 550(3)(D) IREC Vol.-I; Rule 41(1) Railway Services (Pension) Rules 1993; leave encashment letter dt. 20.01.2015). Department's rejection order dt. 19.01.2025 held a fresh cause of action; relying on L. Chandra Kumar (1997) 3 SCC 261, High Court not court of first instance — CAT is court of first instance; petition disposed of with liberty to file fresh O.A. before Tribunal and to challenge constitutionality of the rules; all points kept open; no merits opinion.
What did the court decide?
Petition disposed of without expressing any opinion on merits, permitting the petitioner to file a fresh original application before the Central Administrative Tribunal; liberty expressly reserved to assail the constitutionality of Rule 550(3)(D) of the Indian Railway Establishment Code Vol.-I and Rule 41(1) of the Railway Services (Pension) Rules, 1993, which were the subject-matter of O.A. No.350/836/2015 and were not decided by the Tribunal; all points kept open; urgent photostat certified copy to be furnished expeditiously on compliance of formalities.