Bridging gaps too late: N-Railway to pay officer after 17 years

NEW DELHI, March 29: For former Northern Railway (NR) bridge engineer Narinder Singh, it has not been the peaceful retirement that he expect...

NEW DELHI, March 29: For former Northern Railway (NR) bridge engineer Narinder Singh, it has not been the peaceful retirement that he expected. He spent 17 years since his retirement on February 28, 1981, trying to retrieve his Provident Fund (PF) money.

Singh’s tireless efforts has finally paid off now. A recent Central Administrative Tribunal (CAT) judgement has directed the NR to pay Singh’s PF dues plus 10 per cent interest per annum.

In 1970, Singh was sent on foreign deputation to Nigeria, where he continued till his retirement. During this period, the NR had undertaken the duty through the High Commission of India at Nigeria to remit the official’s PF to their accounts in India from 1970-78. But, Singh says: “This crediting was very irregular and no proper accounts were maintained by the Railways.”

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On his retirement he was informed that his PF for 1970-76 was missing. “No such information was given to me when I was still on deputation in Nigeria. Due to this, my pension was delayed and paid tome in 1985, four years after retirement.”

In a letter dated August 1985, he was informed that only PF contributions from January 1971 to June 71, January 1972 to June 1972 and from June 1976 to May 1978 were received and only these amounts were paid to him.

The missing credit was for the period from May 1970 to December 1970, July 1971 to December 1971 and July 1972 to May 1976.

“Letter after letter was written to them but no payment was made. Seventeen years after retirement was not considered enough to pay the amount. On personally approaching them I was ridiculed and jeered by the concerned NR accountants.” Singh finally approached the CAT in November 1996.

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Singh was not alone in his struggle. He says that all the officers sent on foreign deputation faced a similar problem for the period from 1970-78. Yet, while some of them received their PF in 1995 and 1997, “I was discriminated and singled out”. According to the CAT judgement: “The applicant as well as four others have had similar problems… whereas, these others were paid the amount, the applicant claims that he was singled out. The respondents do not explain as to how the applicant’s case was different from others.”

NR contested Singh’s claim, saying that the grievance pertains to a period prior to November 1, 1982 and according to Section 21 of the A T Act, 1985, CAT has no jurisdiction in the matter. They also said the application filed 15 years after retirement is barred by limitations.

According to the Railways, they did not receive Singh’s PF contributions from the Nigerian Railway Corporation. They also said they sent several letters to the Nigerian authorities for details of the missing credit, but there was no response. The CAT judgement states: “… the respondents have routinely addressed letters to cover up what was basically their lapse.”

The judgement further adds: “It is the statutory responsibility of the respondents to pay retirement dues to the applicant. The liability to pay back the GPF contributions ariseseveryday and every year. It is not a case where the applicant slept over this claim.”

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Justice delayed may be justice denied, but the battle is finally over for this decorated officer who was twice awarded the Vashisht Seva medal, in 1967 and 1970, for outstanding service on bridges.