Rajasthan High Court - Jaipur
U O I And Ors vs Shri Girraj Chaturvedi And Ors on 20 February, 2017
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Writ Petition No. 6311 / 2002
1. Union of India through General Manager, Western Railway,
Churchagate, Mumbai.
2. Divisional Manager, Western Railway, Church Gate, Mumbai.
3. Divisional Railway Manager, Western Railway, Kota Division,
Kota.
.....Petitioners/Respondents
Versus
1. Shri Girraj Chaturvedi, Chief Cler, PW1/CTR, Sawai Madhopur.
2. Shri Rambharat Sakhawar, Sr. Clerk, CTCI, Sawai Madhopur.
3. Shri B.M. Pancha, Chief Clerk, A.E.N., Sawai Madhopur.
4. Shri Jai Kishan Meena, Chief Clerk, CPWI, Sawai Madhopur.
5. Shri Virendra Kumar, Chief Clerk, CSI, Sawai Madhopur.
6. Shri Ashok Dawra, Chief Clerk, CI, Sawai Madhopur.
7. Shri B.L. Meena, Chief Clerk, CTFO/CRD Sawai Madhopur.
8. Shri Mathura Lal Meena, Chief Clerk, Mawi E/C.R.D., Sawai Madhopur.
9. Shri R.C. Janggir, Clerk, CTFO/T.R.D., Sawai Madhopur.
10. Shri Bhuri Singh, Chief Clerk, Va Vi Cha (Paa), Sawai Madhopur.
11. Shri Ramavtar Meena, Sr. Clerk, C.S.I. Sawai Madhopur.
12. Shri Ramphool Meena, Sr. Clerk, CTCI. Sawai Madhopur.
13. Shri Thomas K. Methue, Clerk, CPWI, Sawai Madhopur.
14. Shri Amrit Lal Meena, Clerk, SO/TT, Sawai Madhopur.
15. Shri Sayed Mohd. Juneja, Sr. Clerk, ASTE, Sawai Madhopur.
16. Shri Chiranji Lal Meena, Clerk, ASTE, Sawai Madhopur.
17. Shri Yogesh Kumar Bansal, Sr. Clerk, CTCIGGC, Sawai Madhopur.
18. Shri. P.K. Tiwari, Clerk, Senior Section Engineer, Telecom Office of Senior Section Engineer West Central Railway, Gangapur City, Distt. Sawai Madhopur.
19. Shri Abdul Kadir, Clerk, PWI, Lakheri, Sawai Madhopur.
(2 of 5) [CW-6311/2002]
20. Shri Prem Prakash Sharma, CTFO, Sawai Madhopur.
21. Shri Nimesh Kumari, Clerk, C.T.C.I., Kota.
22. Shri Vasishth, Chief Clerk, PWI, Hindaun.
23. Shri. P.K. Tiwari, Clerk, Senior Section Engineer, Telecom Office of Senior Section Engineer West Central Railway, Gangapur City, Distt. Sawai Madhopur.
24. Shri Mukesh Clerk, T.P. Nagar, Shashtri Nagar, Near Canara Bank, Near Shri Rajendra Prasad Srivastava Shop, Gali No.1, Third House, Agra Fort, Agra.
25. Shri Jasvir Singh, Senior Clerk in the office of Assistant Divisional Engineer, West Central Railway, Bharatpur.
26. Shri R.K. Meena, Chief Clerk, PWI, Gangapurcity.
27. Shri Kamlesh Kumar, Chief Cler, PWI, Gangapurcity.
28. Shri R.K. Tiwari, Clerk, Works, Inspector, Gangapurcity.
29. Shri Yogendra Kumar Bansal, Senior Clerk in the Office Chief Engineer, Open Line, North, North West Railway, Jaipur.
30. Shri Devendra Swaroop Sharma, Head Clerk, in Office of Senior Section Engineer (P. Way) North, West Central Railway, Gangapur City, Distt. Sawai Madhopur.
31. Shri Sayed Mohd. Ali, Clerk Va Vi Foreman, Gangapurcity.
32. Shri Aziz Khan, Head Clerk, in office of senior Section Engineer (Works) Gangapur City, West Central Railway, Distt. Sawai Madhopur.
33. Shri Pyare Lal Sharma, Clerk, Loco Foreman, Gangapurcity.
34. Shri Farrukh Ahmed, Clerk, Loco Foreman, Gangapurcity.
35. Shri Jagdish Sharma, Clerk, Loco Foreman, Ganga[purcity.
36. Shri Ashok Kumar Sharma, Clerk, Loco Foreman, Gangapurcity.
37. Shri Virendra Pal, Clerk, Loco Foreman, Gangapurcity.
38. Shri Mathuri Asthana, Clerk, Loco Foreman, Gangapurcity.
39. Smt. Sarita Sharma Office Superintendent Ist, Office of Main Branch, Divisional Railway Manager, West Central Railway, Kota.
40. Smt. Pushpa Devi, Clerk, Loco Foreman, Gangapurcity.
41. Shri |Krishan Kumar Dixit, Clerk, Loco Foreman, Gangapurcity.
(3 of 5) [CW-6311/2002]
42. Shri Ram Swaroop Sharma, Clerk, Loco Foreman, Gangapurcity.
43. Shri Sunil Raj, Clerk, Loco Foreman, Gangapurcity.
44. Shri Santosh Kumar Sharma, Office Superintendent Gr. II, Office of Senior Section Engineer (LOCO) West Central Railway, Kota.
45. Shri Abdul Majid, Clerk, C.S. Gangapurcity.
46. Shri Hari Mohan Meena, Clerk, C.S. Gangapurcity.
47. Shri Om Prakash, Clerk, C.S. Gangapurcity.
48. Shri Ram Prasad, Clerk, C.S. Gangapurcity.
49. Shri Shyam Babu, Clerk, Va Vi Foreman, Gangapurcity.
50. Shri Laxmi Narain Sharma, Clerk, C.S.I., Gangapurcity.
51. Shri Rajendra Sharma, Clerk, C.S.I., Gangapurcity.
52. Shri Roop Kishore Sharma, Clerk, Locl Foreman, Gangapurcity.
53. Shri Mohd. Hussain, Clerk, Locl Foreman, Gangapurcity.
54. Shri Bhagirath Lal Mahawar, Sr. Clerk, Mukhya Karashan Foreman, G.G.C., Gangapurcity.
55. Shri Sri Kishan, Chief Clerk, S.S. Gangapurcity.
56. Shri Ramji Lal, Chief Clerk, S.S. Gangapurcity.
57. Shri Shakur Khan, Clerk, COCI/GGC, Gangapurcity.
58. Shri Rakesh Kumar Clerk, PWI, LKE, Gangapurcity. (All the above named applicants are employed in Kota Division of Western Railway on the posts mentioned against each address for Communication) C/o. Office of Shri Ram Bharat, Senior Clerk, C/o. Chief Signal and Telecommunication Inspector, Sawai Madhopur, Western Railway).
........Respondents/Applicants
59. The Central Administrative Tribunal, Jaipur Bench, Jaipur through its Registrar.
..... Respondents _____________________________________________________ For Petitioner(s) : Mr. Shailesh Prakash Sharma _____________________________________________________ (4 of 5) [CW-6311/2002] HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 20/02/2017 By way of this petition, the Central Government has challenged the judgment and order of the Central Administrative Tribunal, Jaipur Bench, Jaipur, dated 18.10.2001, whereby the Tribunal in para 6 and 7 has observed as under:-
"6. However, we wish to make it abundantly clear that in this case before us we are only dealing with the matter concerning working hours of the staff in the subordinate offices who are not put to work in shift duties. In support of their contentions, the applicants have attached Annexure A-5 which is a duty roster under the Hours of employment Regulations (HOER, for short). HOER is a subject governed by a definate set of Rules where the staff are classified as 'Continuous' Essentially- intermittent' and 'Intensive' when deputed in shifts as per nature of job and place of work. The staff in the shift duty have to perform their duties as per their classification under HOER. They have to work as per the duty roster assigned and such also. If the requirements of the task make it necessary. Such Staff cannot claim to work for only 40 hours in a week. Their working hours and rest periods are necessarily governed by HOER only. The concept of 40 working hours applies only to such of the staff in field offices, including subordinate officers, who are not in shift duties.
7. In the light of the above discussion, while we allow this OA and direct the respondents to refix the working hours of the staff working in subordinate offices to 40 hours in a week, We wish to make it clear that this shall not include such of the staff, including the clerical staff, who are put to work in shift duties under HOER."
We are in complete agreement with the view taken by the Tribunal. No interference is called for. Hence, the writ petition being devoid of merit deserves to be dismissed.
(5 of 5) [CW-6311/2002] The writ petition is accordingly dismissed. (VINIT KUMAR MATHUR)J. (K.S. JHAVERI)ACTING C.J. KKC/21