Central Administrative Tribunal - Mumbai
Hemant L Rathod vs M/O Railways on 5 February, 2020
1235/2016, 497/201 4,
j 303/2014, $22/2013,
34/2013, 3350/2013,
A83/2013, 7192613
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION Nos.210/2013, 125/2016, 497/2014,
3503/2014, 322/2013, 349/2013, 3580/2013, 483/2013 and 719/2013
Dated this Wednesday, the 05th day of February, 2020
CORAM: R.VLTAYRUMAR, MEMBER (A)
R.N.SINGH, MEMBER (J}
OA No.210/2013
{. Mahabir Prasad, son of Shri Rarneshwar Pasad, age: 60 years, (Date of
birth: 27.01.1953}, worked cas Mail Guard (Retired) with Central Railway, Sr.
Station Manager, CST, Mumbai 400 604, and Residing at MS-RB-HII3/10. Rly.
Quarter, G.TB. Nagar, Mumbai 400022.
2. Davanand Sharma, son of Tarachand Sharma, age 0 years, (Date of Birth:
09.77.1952), worked as: Mall Guard (Retired) with Central Railway, Sr Station
Manager, CST, Mumbai 400 001. and Residing at Rockies-f, Bldg No.D-9, Fiat
No.2, Godrej Hills, Kalyan (West, District 'Thane, Pin Code 421301.
3. Viaykumar Durgaprasad Misar, son of Durganrasad Ganpati Misar, Age $7
years,(Date of birth: 07.05.1955, worked as: Guard (retired as per Vol.
Retirement) wih Central Railway, and Residing at : A2-701, Sai Paradise,
Barave Road, Kamdar Pada, CIRC! Kalyan GN). District Thane- Pin Code
421301.
4. Amar Singh Rana, son of Shri Ubha Singh Rana, Age 59. years, (Date of
Birth: 02.08.1953} working as: Mall Guard with Central Railway, and Residing
at: A3-704, Om Shankeshwar Darshan, Near Kala Taleb, Kalyan (VW), District
Thane- Pin Gade 421 301.
5. BA. Ghule, son of Shri A.S. Ghule, Age years, (Date of Birth: 17.05.1857}
worked as: Mail Guard with Central Railway, Cfo Sr Station Manager, CST, --
Mumbai 400 G01, and Residing at : MS-RB-HVIS/41. Rly Quarier, GTB.
Nagar, Mumbai 400022.
§. Bhaian Lal, son of Shri Chhidda Lal, Age 58 years, (Date Birth: 10.10.1954)
worked as: Guard "A' Spl. with Central Rallway, C/o Sr. Station Manager, CST,
Mumbai 400 001, and Residing at 13, Sameer Apartment, Near Durga Maata
Mandir, Kolsewadi, Kalyan (East), District Thane, Pin Code No.421306.
7. Arvindar Singh son of 8. Mehar. Singh, Age 57 years, (Date of Birth:
20.08.1955) worked as: Mail Guard with Central Railway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Residing at: RB-HViI3/5. C. Railway
Colony, G.T.B. Nagar, Sion (East), Mumbai 400 022,
OA Wos.2 } Of20} 3, foes
OA Nos.210/2013,
1325/2016, 4497/2014,
SO3/2014, 3922/2013,
3498/2013, 3850/2013,
4835/2013, 719/2013
po
8. Rajendragir Shamir Goswami, son of Shamgir Goswami, Age 59 years,
(Date of Birth: 07.06.1954) worked as: Mail Guard with Cantrat Railway, C/o Sr.
Station Manager, CST, Mumbai 400 001, and Residing at RB-UV8/2. C_Rallway
Galony, G.T.B. Nagar, Sion (East), Mumbai 400 022.
8, Mr &.A. Siddiqui, son of Late Shri Anmad All, Age 58 years, (Date of Birth:
09.02.1955) worked as: Mail/Exp. Guard with Central Railway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Residing at > RB-IN114, Flat No.O1,
Central Railway Officers' Colony, Matunga (East), Mumbai 400 019.
18. MULAYAM SINGH son of SHRI RAM PRASAD, Age 57 years, (Date of
Birth: 08.09.1955) worked as: Mail Guard with Central Railway, 04 Sr. Station
Manager, CST, Mumbai 400 001, and Residing at : G-IN, Murbad Road, Kalyan
(West), Railway Quarter, Districh Thane (Maharashtra) 421 301. --
V1. Charmpakbhal Chhanabhai Patel. son of Chhanabhai Raviibhai Patel, Age
56 years, (Date of Birth: 10.06.1956) worked/working as: Guard A-Spl. 1972,
with Central Railway, C/o Sr. Station Manager, CST. Murmbal 400 001, and
Residing at : Gagan Solitaire, C-701, Viva Jangid, Near Samrat Empire,
Manvel Pada, Virar (East), District Thane. 401 305.
12. BALWANT SINGH RATHOD, son of Chhanabhai Ravilbhai Patel, Age 59
years, (Date of Birth: 18.03.1954) worked/ working as: Mail Guard, with Central
Railway, C/o Sc Station Manager, CST, Mumbai 400 001, and Residirig at :
MS- RB-IH/ Bldg.No.1, Room No.3, First Floor, Sir J.J. Road, Byculla, Mumbai
490008.
AB B. KHARAT, san of Bramhadeo Dasharath Kharat, Age 58 years, (Date
of Birth: 21.03.1955) warked/working as: Mall Guard Central.
Office of Sr. Station Manager, Main Line, CST, Mumbai 400 001, and Residing
at :398/4632, SA. Tagor Nagar, Vikhrali (East), Mumbai 400083.
_ Geantral Railway,
14. Laxminarayan Yadav, son of Late Sujan Singh Yadav, Age 53 years, (Date
of Birth: 20.12.1959) worked/werking 'as Mail Guard, with Central Railway, C/o
Sr. Station Manager, CST, Mumbal 400-001, and Residing at : LN. Yadav, -
Room No.103, tst Floor, Shiv Sai Building, Saint Namdeo Path, Near D.N.S.
Bank, Dombivil (East), Dist. Thane 421 204,
13.PADAM BAHADUR LAMA son of SHRI BISHNU PRASAD LAMA. years,
~ (Date of Binh16.09.1956) worked/working as: Mail/Exp. Guard, with Central
~ Railway, Cfo Sr Station Manager, CST (Main Line), Mumbai 400001, and
~ Residing at : Railway Block IIVB/7. First: Floor, Barkley' Place, J.J. Road,
Byculla, Mumbai 400008.
18. THANNIMALAYIL CHACKO VARGHESE, son of Thannimalay!! Ulahannan
Chacko, Age years, (Date of 19,12.1960) worked/working Mail/Exp Guard, with
Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 001, and Residing
at : Flat No.208, The Ankoor C.HS., Rambaug Lane No.2. Bhujbal Wadi,
Kalyan (West), District- Thane 421 301.
OA Nos.2 10/2015,
1235/2016, 497/2014,
3053/2014, 32272015,
349/2013, 350/2013,
483/2013, FIG2013
17. Anand Bhargava, son of Shri GP. Sharma, Age 47 years, (Date of Birth:
21.05.1985). worked/warking as: Sub- GD "A", with Central Railway, C/o Sr.
Station Manager (Sub), CST, Mumbai 400 001, and Residing at Zinnia C.H.S.
A-TH13, Gadrej-MIT Compound, Kalyan (West, District: Thane, 421 304.
18. NARESH DEORAO GONDOLE, son of Deoraa Dadhu Gondole, Age 48
years, (Date of Birth:02.12.1964) worked/working as: Mail Guard, with Central
Railway, C/o Sr. Station Manager, CST. (Main Line}, Mumbai 400 001, and
Residing at : 301, Third Floor, Telwane Tower, Kulgaon, Badlapur (East), 401
503.
19. SANJAY MITTAL, son of Dr N.C. Mittal, Age 47 years, (Date of Birth:
24.09.1965) workedAvorking as: Mail Guard, with Central Railway, Cfo Sr.
Station Manager, CST- Main Line, Mumbai 400 001, and Residing at: O.4/901,
Kailash, Lok Dhara, Kalyan (East), District Thane : 421 306.
20. ANIL KUMAR GUPTA, san of Late Krishna Ram, Age 47 years, (Date of
Birth: 04.07.1965) warked/working as: Mail Guard, with Central Railway, G/o Sr.
Station Manager, CST- Main Nagar, Mumbai 400 001, and Residing at :
A/12/204, Nilgiva, Lokdhara, Kalyan (BE), District : Thane - 427 306, .
21. UMESH PRATAP SINGH Son of Shri Balram Singh, Age 48 years, (Date of.
Birth: 07.08.1965) warkedAwarking as: Guard (Sub), with Central Railway, C/o
Sr. Station Manager, CST Guburban}, Mumbai 400.001, and Residing at ;
Ambika Complex, A-103, Meditiya Nagar, Phase, PK. Road, Mira Road (&)},
District Thane - 404.705.
22. VIVEK RANJAN SAHAI son of Virendra Sahai, Age 4/ years, (Date of
Birth: 36.10.7968) worked/working as: Guard "A" Sub. with Central Railway;
Cfo Sr Station Manager, CST(Sub), Mumba! 400 001, and Resicing at 204,
Kalpataru Apartment, Opp. Roshan Petrol Pump, Murbad Road, Kalyan (Vest,
District - Thane: 427 304.
23. SANJAY KUMAR PRASAD, son of Late Surya Shekhar Prasad, Age 46
years, (Date of Birth: 15,.717.1966) worked/working as: Mail Guard, with
Central Railway, Go Sr Station Manager, CST, Mumbai 400 004, and Residing
at: C-8/29. NILE-IN, Godrei Hil, Barve Road, Kalyan (West), District Thane,
State of Maharashtra, Pin Gade 421 301.
24. DAYAL CHAND, son of Late Sita Ram, Age years, (Date Birth: 26.05.1964)
workedAwarking as: Mail Guard, with Central Railway, C/o Sr. Station Manager,
CST, Mumbai 400 004, and Residing at ; TYD-40 RLY Quarters, Near Rly
Hospital, Kalyan (East), District: Thane, Maharashtra State, Pin Code 427 301.
25. AJAYKUMAR RAMCHANDRA JAGDALE, son. of Ramchandra Sitaram
Jagdale, Age 48 years, (Date of Birth: 14.04.1964) workedAvorking as: Mail
Guard, with Central Railway, 0/) Sr Station Manager, CST, Mumbai 400 0014,
and Residing at : 27/13, Matchiswala Chaw!l, Swadeshi MHls Road, Sion-
Ghunabhaiti (East}, Mumbai 400 O22.
26, PREM KUMAR SHUKLA, son of Mr Ganesh Prasad Shukla, Age 48 years,
OA Nos.210/2013,
1235/2016, 497/2014,
4 S03/2014, 3223/2013,
3492015, 3350/2015,
4835/2013, 71972013
(Date of Birth: 20.02.1966) worked/working as: Sr Pass. Guard (SUB), with
Central Railway, Cfo Sr Station Manager, CST (Sub), Mumbai 400 001, and
Residing at : 09, Shivesh Apartment, Chinchpada Road, Kalyan (East), District
Thane Pin Gade 421 306.
27. UMESH SHRIPAD KUBAL, son of Shripad S. Kubal, Age 47 years, (Date of
Birth, 23.07.1965) worked/working as: Guard "A" (Sub), with Central Railway,
Clo Sr. Station Manager, CST (Sub), Mumbal 400 001, and Residing at: A/S04,
Pratk Apartment, Ramchandra Nagar No.3, Vaity Wadi, Naer Nitin Co. Thane
(West, Pin Code 400 604.
28. DINESH RAMCHANDRA AHIRE, son of Ramchandra K. Ahire, Age 44
years, worked/working as: Mall Guard, with Central Railway, C/o Sr Station
Manager, CST, Main Line, Mumbai 400 001 and Resi iding at: Row House
No.44, Royal Park, Morivali, Near Navare Nagar, Ambernath (East) 421 501.
29. SUDHAKAR BHOJU BAVISKAR, son of Bhoju Sakharam Baviskar Age 48
years, (Date of Birth: 01.03.1968) workedAvorking as: Maill Guard, with
Central Railway, C/o Sr Station Manager, CST-Main Line, Murmbai 400001,
and Reet at Room No.8, Chawl no. Datta oe Behind Pote
Cade 421 "306.
30. BIMLENDRA PATHAK, son Janardan Pathak, age 47 years, (Date of
Birth: 01.07.1965) worked/working as: Mail Guard, with Central Railway, Cfo Sr.
Station Manager, CST, Mumbai 400 001, and Residing at.. -MS-RBH 05/45,
New Ralway Quarters, Road No.7, . Vidyavihar, Ghatkopar (East), Mumbai 400
OF?.
31. BALJINDER SINGH, son of Himmat Singh, Age 86 years? (Date of Birth:
71.06.1957) worked/working cas Mailixp. Guard, with Central Ralway.
Cio Sr. Station Manager, CST (Main Line), Mumbai 400 001, and Residing at:
75) RBAUAG.T.B. NAGAR, Kollwada, Mumbai 400 022.
32. LAL HAMANT, son of KISHAN, Age 56 years, (Date of Bich: 28.01.1957)
workedaworking as: Mail/Express Guard, with CGantral Railway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Residing af : Plot No.ti/i2, Vilay
Enclave, Vilay Paradise Society, Gokhivare, Vasai {East}, District Thane.
~ Applicants.
Versus
1. The Union of india, Through The Chairman, Railway Board. Rail Bhavan
New Delhi 110 014.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai
400 007,
3. Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumbai 400 007.
OA Nos.210/2013,
1235/2016, 4977/2014,
3093/2014, 3822/2015,
349/2013, 3350/2013,
4853/2013, FIS/2013
4. The Divisional Railway Manager (DRM) DRM's Office, Central Railway,
CSTM, Murnbal 400 001.
~ Respondents.
OA No. 1252016
{, SANJAY DHARMADHIKARE (son of PUROSHOTTAM DHARMADHIKAR),
Date of Birth: 04.04.1964, Age: 52 years), working as : Senior Passenger
Guard ("C" Past, under Area Manager, Western Railway, churchgate,
Headquarters Office, Mumbai 400020, and residing at Af2, Ground Floor, Om
Shriram Sadan, M8. Estate, Virar, Taluka-Vasal, District --~ Palghar, State
Maharashtra, Pin Code - 401 308.
2. PRASHANT V. VASAIKAR, (son of VASANT MADAN VASAIKAR), Date of
Birth: 02.12.1962, Age: 63 years), working as : Senior Passenger Guard ("C"
Post}, under Area Manager, Western Railway, Churchgate, Headquarters
Office, Mumbal 400020, and residing at' 13/14, 1st Floor, OM Sai Nagar CHS,
Above MSEB Office, Virar (East), Taluka-Vasai, District Palghar, State
Maharashtra, Pin Code 407 305.
3. SWAMIDUTT PANDEY, ison of GAYADUTT PANDEY), Date of Birth:
92.12.1958, Age: 57 years}, working as > Senior Passenger Guard {("C" Post),
under Area Manager, Western Railway, Churchgate, Headquarters Office,
Mumbai 400020, and residing a/303, JANK!I Avenue Co.operative Housing
Society, Aazad Nagar, Bhayander (East), District Thane, State Maharashtra, -
Pin Code - 407 308.
4. CHELLAPPAN PREM ANAND, (son of J.D. CHELLAPPAN )}, Date of Birth:
05.98.1963, Age: 53 years}, working as : Senior Passenger Guard ("C" Past),
under Area' Manager, Western Railway, Churchgate, Headquarters Office,
Mumbal 400020, and residing at 138-103, Kishor Kunj No.4, Virar (West),
Post Virar, Taluka-Vasai, District - Palghar, State Maharashtra, Pin Code --
401305,
5. PRADIP YALLATIKAR, (son of WL YALLATIKAR),. Date. of . Birth:
17.10.7961, Age: §4 years), working as « Senior Passenger Guard ("C" Post),
under Area Manager, Westem Railway, Churchgate, Headquarters Office,
Mumbai 400020, and residing at 101, 1ST Floor, Millennium Park, Hari OM
Nagar, Mulund (East), Mumbai 400081, State Maharashtra.
8. MURALIDHARAN M.M. (son of Madhavan Nair), Date of Birth: 12.09.1964,
Age: 51 years}, working as < Senior Passenger Guard ("C" Post}, under Area
Manager, Western Railway, Churchgate, Headquarters Office, Mumbai
400020, and residing at 16/243, Sun View Co-operative Housing Society, Sion
Koliwada, Mumbai 400020, Maharashtra.
OA Nos.2 10/2013,
12572016, 497/201 4,
6 S03/2014, 322/2013,
349/2015, 3506/2013,
4835/2015, 7192013
7. BRAJESH GOSWAMI, (son of Shri Jag Jivanial Goswami), Date of Birth:
21.04.1966, Age: $1 yeais), working as : Senior Passenger Guard ("C" Past),
under Area Manager, Wester Railway, Churchgate, Headquarters Office,
Mumbai 400020, and resiciing at: C-102, Ist Floar, Purvi, Sector-10, Vasant
Nagri, Post Vasai (Eas{), Taluka-Vasai, District ~ Paighar, State Maharashtra,
Pin Code - 404 208.
8. RAMESH AMRUT PATIL, (son of AMRUT S. PATIL), Date of Birth:
07.03.1974, Age: 45 years), working as : Senior Passenger Guard ("C" Past),
under Area Manager, Western Railway, Churchgate, Headquarters Office,
Mumbai 400020, and residing at A-202, 2nd Floor, Krishna, Dwarka Nagar,
Kalyan (Easi}, Santosh Nagar, Tisgaon, District-Thane, State Maharashtra, Pin
Code- 421 3068.
G@. RAJESH: KUMAR SINGH, (son of KARNAIL SINGH). Date of -Birth:
21.11.1951, Age: 54 years}, working as < Senior Passenger Guard ("C" Post),
wider 'Area Officer, Western ey Ghorengate, Seetauarers Office,
Meee eccce nec e ccc cee een nc ccncccnn enc neces nec en cnc nner enn ncn cnneen cece ene eee Tn inneentiine laminas
Mica Road, District-Thane, State Maharashtra. Pin Code 401 107. .
10. BRAJ PRASAD MPH {son of os ol Ser vere Bate af
'Mumbai 400020, ana ne at A303, 3rd Floor Synel cate Bank Staff
Anand CHS, Rawal Pada, Dahisar, Mumbai Pin Code 400068.
11, NASEEM AHMED (son of Mohammed Hanif}, Date of Birth: 25.05.1960,
Age: 56 ake ae ng as Senior He tee Guard oa Post), under Area
No.148, Baril anes Mumbai 400050, State Maharashtra,
12. MAHESH SHARADCHANDRA V. REKH! (son of SHARADCHANDRA
REKH)), Date of Girth: 16.07.1961, Age: 55 years), working as ° Senior
Passenger Guard Post}, under Station Superintendent, Mumbai Central
Station (Main) Western Railway, Mumbai Central Mumbai 400008 and residing
at: Flat No.C-208, 2nd Floor, Royal Park-t, Ramedi Road, Vasai, Taluka Vasai,
District - Palghar, State Maharashtra
13. SAYED ASIF ALI (son of SAYED ASGAR ALI}, Date of Sirth: 05.08.1967,
Age: 48 years), working as : Senior Passenger Guard ("C" Post), under Area
Manager, Western Railway, Churchgate, Headquarters Office, Mumbai
400020, and residing at B-203, 2nd Floor, Heara Panne Building, Nallasopara
(West), Taluka Vasai, District -Paighar, State Maharashtra, Pin Cade - 401208.
OA Nos.210/2013,
1252016, 497/2014,
S03/2014, 322/2013,
"4 /2013, eomor
$83/2613, 7119/2013
14. SANJAY NANDRISHORE GUPTA, (son of NANDKISHORE M. GUPTA),
Date of Birth: 05.09.1968, Age: 47 years), working as : Senior Passenger
Guard {°C" Post), under Area Manager, Western Railway, Churchgate,
Headquarters Office, Mumbai 400020, and residing at C-51, 3R0. Fleor.
Ganjawala Apariment No.02, Borivall (West), S\.P. Road, Mumbai ~ 400092.
15. SHIVAJ! RAMCHANDRA SHAVARDE (son of Late Ramchandra Babu
Savarde}, Date of Birth: 01.03.1954, Age: 61 years), working as : Senior
Passenger Guard ("C" Post), under Area Officer, Western Railway, Churchgate,
Headquarters Office, Mumbai 400020, and residing at: Flat No.603~C-Wing, 6th
rigor, Mansaravar, New Mhada Colany, Dindoshi, Near NNP, Goregaon (East),
Mumbal-400 065.
- Applicants.
Versus
1. The Union of India, Through The Chairman, Railway Board. Rail Bhavan
New Dethi 170 074.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai
400 001.
3. Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumbai 400 004.
4. The Divisional Railway Manager (DRM) DRM's Office, Central Railway,
CSTM, Mumbai 400 001.
-Respondents.
OA No. 4972014
{, Deepak Kumar Upadhyay, son of Hariday Narayan Upadhyay, Date of Birth
10.05.1989, Age 45 years, working as : Senior Passenger Guard (Group "OC"
post), under Station Manager, ARO, Churchgate Railway Station, Western
Raiiway, Mumbai 400020, and residing at Riddhi, B- 04/102, Vasant Nagari-ll)
Vasal (East), District-Thane, State of Maharashtra, Pin Cade No.401 208:
2. Surya Prakash Khare, son of Shr Mahendra Kumar Khare, Date of Birth:
20.11.1968, Age 48 years, working as > Chief Booking Clerk (Decategorized
from Senior Passenger Guard (Group "GC" past), under Senior DCM (Divisional
Commercial Manager)-BCT, CTCW Cash and Pay Office, Churchgate, Western
Railway, Churchgate Railway Station, Mumbai 400020, and residing ab 2017/4,
Sanskrit Apariment, New Link Road, Near UCO Bank, Nallasopara (East),
District- Thane, State of Maharashtra, Pin Code No.401209.
3. Rajendra Kakkar, son of Manchar Lal Kakkar, date of Birth 12.06.1965, Age
years, working as Senior : Passenger Guard (Group °C" post}, under Station
Manager, ARO, Churchgale Railway Station, Western Railway, Mumbai
400020, and residing at 1-A/S04, Gayatri Darshan CHS, Near Saraswati
School, Tulin}) Road, Nallasopara (East), District-Thane, State of Maharashtra,
Pin Code No.401208,
OA Nos.210/2013,
1235/2016, 497/2014,
3 5032014, 322 /2013,
34/2013, 3350/2013,
4883/2013, 79/2013
4, Virendera Upadhyay, son of Baikrishna Upadhyay, Date of Birth 01.01.1985,
Age Senior years, working as Passenger Guard (Group °C" pest), under
Station Manager, ARO, Churchgate Rallway Station, Western Railway,
Mumbai 400020, and residing at 03/103, Rashmi Divya Complex, 100 Feet
New Link Road, Near Gagan Dream Bui iiding, Vasal (East), Past Office-
Nallasepara, District Thane, State of Maharashtra, Pin Code No.401 209.
S. Sandeep Krishna Sawant, son of Krishna. Dulaji Sawant, Date of Binh -
28.08.1985, Age - 49 years, working as : Senior Passenger Guard (Group *C"
post, under Station Manager, Mumbai Central, Western Railway, Mumbai
400008, and residing at: 603, indrapuri, Sodawala Lane, Borivall (West),
Mumbai 400 082.
6. Shaikh Abdul Nadeem, son of Abdul Karim, Date of Birth: 10.05.1967, Age -.
47 years, working as : Senior Passenger Guard (Group "OC" post, under Station
Manager, Mumbai Central, Mumbai 400008, residing at Western Railway
Quarters No.S/T/B, Opp. Bandra Railway Station, Bandra. (Weed. Mumbai
400050. =.
- Applicants.
Versus
1. The Union of India, Through The Chairman, Railway Board. Ral Bhavan
New Delhi 1710 O14.
2. General Manager, Western Railway, Headquarters: Office, Churchgate,
Mumbai 400020.
3. Chief Personnel Officer, Western Railway, Headquarters Office, Churchgate,
Mumbai 400020.
~ Respondents.
QA No.S03/2014
1. Rajinder Singh Bhamb, son of Joginder Singh Bhamb, Daie of Birth
14.09.1955, Age 50 years, working as . Senior Passenger Guard (Group °C"
post), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at: 11/C-9, Jeevan Srushfi CHSL, LIC
Golony, Behind LIC Shopping Centre, Borivali West, Mumbai 400703.
2: Daulat Kumar Sharma, Date of Birth: 14.08.1965, Age 49 years, working as:
Guard (Group "C" post), under ARO. Churchgate Railway Station, ane
Mumbai Division, Mumbai 400020 and residing ab D/105, Tirupati CHS Lid.
front-of Shriram Jewelers,Navghar Road, Bhayandar (East), District Thon,
State of Maharashtra, Pin code: 4074 105.
3. Rajendra Singh Yadav, son of Late Shri Ranvir Singh Yadav, Date of Birth ;
22.07.1968, Age- 49 years, working as : Senior Passenger Guard. (Group "C" _
post), under Station Superintendent, Surat Railway Station, Western Railway
oy
OA Nos.210/2013,
125/2016, 497/2014,
ee 503/2014, 322/2013,
349/203, 350/2013,
4833/2013, FiG2013
{Gujarat}, pune residing att 93/41, Happy Home Estate, Poonam Sagar, Mira
Road (District Thane), Maharashtra,
4. Omprakash R. Bhoware, son of Ramrishna T. Bhoware, Date of Birth
12.02.1864, Age SO years, working as : Senior Passenger Guard {Group °C"
post), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at Rishi Sadan, Flat No404, Near
Rahul internatinal School, Chakradhar Nagar, Nallasopara (East), District-
Thane, State of Maharashtra, Pin Code No.401 203.
5. Ditp Kumar, son of Ramcharan, Date of Birth 01.05.1963, Age -51 years,
working as : Senior Passenger Guard (Group "GC". post), under Station
Manager, ARO, Churchgate Railway Station, Western Railway, Mumbai
400020, and residing at Gayatri Darshan Co-op. Hsg.Soc. Building
No. V/A/203, Near Saraswati School, Tulin] Road, Nallasopara (East), District
Thane, State of Maharashtra, Pin Code No.401 209.
6. Tarunprakash N. Pachauri, son of Navalkishor Pachaurl, Date of Birth:
08.10.1985, Age - 48 years. working as : Senior Passenger Guard (Group "C"
pest), under Station Manager, Mumbai Central, Western Railway, and residing
at. A-103, Gayatri Darshan Apartment, Near Saraswati School, Tulin) Road,
Nallasopara (East), District Thane Pin Code 407209.
_/, Jayendra Pundalik Prabhu, son of Pundalk Vaman Prabhu, Date of Birth:
10.12.1985, Age 48 years, working as : Senior Passenger Guard (Group
"G" pos, under Station Manager, Mumbai. Central, Westen Railway,
and residing at: A/301, Baria Unique, Building No.10, Tirupati Nagar, Phase- 1,
Unitech Road, Bolin}, Virar (WV) 401 303, Dist - Thane 401 303.
8. 3. Achary Ramesh Kumar M.A. Son of M.C. Ayyappan Achary, Date of
Birth :15.04.1967, Age - 47 years, working as : Senior Passenger Guard
(Group "C" post), under ARO, Churchgate Railway Station, Western Railway,
Mumbai 400020 and residing at B2/203, Prabhath Complex, Poonam Nagar.
Behind YA. Nagar, Bolinj, Virar (West), Thane, Maharashtra State, Pin Code
401303.
9. Babulal Verma, son of Kesharilal Verma, Date of Birth: 07.03.1960, Age - 54
years, working as : Mail Express Guard (Group "C" post), under Station
Manager, Mumbai Central, Western Railway, and residing at: A-303, Jal
Mansarovar Building, Achole Road, Nallasopara (East), District ~ Thane,
Maharashtra State, Pin Gode ~ 407209.
10. Mathuria Kamlesh 6B. son of Baburam Mathuria K., Date of Birth
26.04.1986, Age - 48 years, working as : Senior Passenger Guard (Group "Cc"
post), under Station Manager, Mumbai Central, Western Railway,
and residing at: Nazerath Apartment, Flat No.16, Ground Floor, Bhagojl Keer
OA Noa.2 10/2013,
L2S/2016, 497/201 4,
16 S03 /2014, 3223/2013,
3499/2013, 3350/2015,
4$3/2013, FLG/2013
Marg, Mahim, Mumbai 400016.
11. Shreeram Meena, son of Shri Ramiilal Meena, Date of Birth 03.01.1960,
Age &5 years, working as ° Mail Express Guard (Group "C" post}, under
Station Manager, Mumbai Central, Western Railway, and residing at Room
No.@04, Sitaram CHS Limited, Chakradhar Nagar, Nallasopara (West), District
Thane, Maharashtra State, Pin Cade ~ 401302.
12. Raiash Kumar Gupta son of Rameshwar Lal Gupta, Date of Birth >
22.07.1968, Age 46 years, Working as . Senior Passenger Guard (Group "C"
post, under Station Manager, Mumbai Central, Western Railway, and residing
at. Gayatri Darshan C.H.S., Near Saraswati School, Tulln] Road, Nallasopara
{East}, District - Thane 407 209.
43. Mohan Lal Jat, son of Late Shri Ishwar Ram Jat, Date of Birth > 16.10.7964,
Age - 0 years, working as : Senior Passenger Guard (Group "C" post), under
Station Manager, Mumbai Division, Mumbai Central,
Western Railway, and residing at: 405, Sai Orchid, Nanakwada, Halar, Valsad,
Gujarat 398 001. --
14. Ratan Lal Choudhary, son of Late Jawahar Lal Choudhary, Date of Birth:
12.01.1966, Age - 48 years, working as : Mail Express Guard (Group "C" post),
under Station Manager, Mumbai Central, Western Railway, and. residing at:
204, Rishi-sadan, Near Mahaveer Apartment, Chakradhar Nagar, Nallasopara
{Wast}, District- Thane, Maharashtra Staie, Fin Cade 407203.
15. Kishor Kumar Rajpurohit son of Sardar Singh Rajpurohit, Date of Birth :
08.02.1965, Age - 49 years, working as Senior Passenger Guard (Group "0"
posit}, under Station Superintendent, Surat Railway Station, Western Railway
(Gujarat), and residing at: 5, Satyam Row House, Near SAT- Temple, Police
HQ. Road, Abrama, Valsad (East), Gujarat 396 001.
16. Shaikh Ansar Ahmed son of Nisar Ahmed A., Date of Birth ¢ 27.11.1987,
Age 47 years, working as ¢ Senior Passenger Guard (Group "GO" post), under
- Station Superintendent, Surat Railway Station, Western Railway
(Gujarat), and residing at 15, Garionawaz Housing Society, Police Headquarer
Road, Abrama, Valsad {East}, Gujarat 396 007.
17, Rarnavitar Ambalal Shanna son of Ambalal 8. Sharma, Date of Birth
15.06.1967, age - 47 years, working as : Mail Express Guard, (Group "C"
post), under Station Superintendent, Surat, Western Railway, and residing at
404, Kallol Apartment, B/4, Kalindi Apartment, Malar, Valsad (Guiarat State),
Fin Code 396007,
OA Nos.210/2015,
(25/2016, 497/2014,
5032014, 322/2013,
349/2013, 3530/2013,
4837/2013, 7719/2013
18. Mithlesh Kumar Sharma, son of Rameshwar Prasad Sharma, Date of
Birlh : 26.06.1965, Age - 49 years, worked / working as : Senior Passenger
Guard (Group "C" past), under Station Superintendent, Surat Railway Station,
Westem Railway (Gujarat), and residing at 801, Sal Natika Apartment, Civil
Road, Nanak Wada, Valsad (East), Gujarat 396 001.
19. Akhiesh Bhagwati Prasad Saraswat, son of Sh. Bhagwati Prasad
Saraswat, Date of Birth: 01.08.1968, Age 46 years, working as < Mail Express
Guard (Group °C" post, under Station Manager, Surat Railway Station,
Wester Railway (Gujarat), and residing at B2/702, Shambhu Nath Complex,
Haler Road, Valsad, State Gujarat 396 004,
20. Rabindra B. Sahu, sen of Biswanath J. Sahu, Date of Birth: 12.72.1958,
Age - 48 years, working as ;: Senior Passenger Guard (Group "C" post), under
Station Manager, Mumbai Central, Western Railway, and residing ab 9/603,
iris-Mayfair Virar Garden Kharodi. Naka, Virar Agashi Road,. Virar (West),
Thane, Maharashtra State, Pin Code -- 401303.
21, Raghunath Ram, san of Shiv Nandan Ram, Date of Birth: 07.02.1965, Age
- 49 years, working as ° Mall Guard, BCT Usroup "C" past), under Station
Manager, Mumbai Central, Western Railway, and residing at A/10z, Mausam
Apartment, Vishal Nagar, Vasal (Vest), District. Thane, Maharashtra State, Pin
Code 401202.
22. Ashok Kumar Jangid son of Rami Lal, Date of Birth : 01.10.1967, Age - 47
years, working as > Senior Passenger Guard (Group "C" post), under Station
Superintendent, Surat Railway Station, Western Railway (Gujarat), and
residing at: 903, B/2, Shambhunath Comp., VAshi Falia, Halar, Valsad (East),
Gujarat $96 001.
23. Laxman Singh Kachhwaha, son of Harl Singh Kachhwaha, Date of Birth :
12.04.1964, Age -50 years, working as : Mail Express Guard, (Group "C" post),
under Station Superintendent, Surat Railway Station, Western Railway
{Gujarat}, and residing ab 603, Shambhunath Complex, 8-1, Vashi Falla Halar,
Valsad, Gujarat 396001.
24, Mahaveer Prasad Meena, Date of Birth: 18.06.1967, Age 47 years, working
as : Guard (Group "C" post}, under Station Superintendent, Phulera, and
residing at: Plot No.135, Kamla Nehru Nagar, Hasanpura Jaipur, State of
Rajasthan, Pin Code -- 400006. _
25. Venugopalan N. son of APN. Nambir, Date of Birth: 20.04.1987, Age - 47
years, working as : Senior Passenger Guard (Group "CC" post), under Station
Manager, Coonoor Railway Station, Southern Railway, SALEM Division, and
residing at: Door No.24, Railway Quarters, Coonoor Nilgiri, Tamil Nadu.
OANos.210/2015,
(35/2016, 497/2014,
SOS/2014, 32272013,
34/2013, 3530/2013,
4839/2013, 719/2013
frees
ted
26. Sarvar. Hussain Sheikh, son of Nizamuddin Sheikh, Date of Birth
30.03.1961, Age 53 years, working as : Senior Passenger Guard (Group "C"
post}, under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at 005, Gagangiri Apartment, Near
Kanch Bungalow, Veer Savarkar Road, Virar (East), District-Thane, State of
Maharashtra, Pin Gode No.404 305.
27. Balkrishna Maruti Nalawade, son of Maruti Nana Nalawade, Date of Birth:
15.08.1964, Age 50 years, working as : Senior Passenger Guard (Group "C"
post), under Station Manager, ARO, Churchgate Railway: Station; Westen
Railway, Murnbal 400020, and residing at 7O/H, Railway Quarters, Tejpal
Road, Vile Parle (East), Mumbai 400057
28, Bhagubhai Babubhai Patel, son of Babubhai Somabhai.Patel, Date of Birth
01.06.7961, Age 53 years, working as . Senior Passenger Guard (Group "C"
post}, under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at Railway Colony, Building No.474,
Masturba Road, Near Cinemax, Kandivall Wast Mumbai 400067.
29. Leela Ram Meena, of son of Rameshwar Dayal Meena, Date of Birth
04.12.1963, Age 51 years, working as : Senior Passenger Guard (Group "C*
posi), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at F-5, Vandana Sadan, Manvel Pada
Road, District-Thane, State of Maharashtra, Pin. Code No.401 305,
30. Prakash Suresh Suryavanshi, son of Suresh Shankarrao Suryavanshi,
Station, Western Railway, Mumbai 400020, and. residing at 1- Agripada Rly
Quarters No.46, Flat No.8, 2nd Floor, Mumbai Central, Mumbai 40008.
31. Sudhakar Prabhakar Shrimawale, son of Prabhakar Narayan Shrimawale, --
. Date of Birth 10.05.1965, Age - 49 years. working as : Senior Passenger
Guard (Group "C" post), under Station Manager, ARO, Churchgate Railway
- Station, Western Railway, Mumbai 400020, and residing at Mrudang, C-204,
Sector-1, Vasant Nagar, Vasai (East), District-Thane, State of Maharashtra,
Pin Code Noa.407208.
32. Ommi Kapoor, son of Shri Raj Kumar Kapoor, Date of Birth < 17.10.1965,
Age 43 years, working as ¢ Senior Passenger Guard (Group "C" post}, under.
Station Supenntendent, Mumba! Central, Western pune Divisional Railway
Manager Office, Rallvay Mumbal Central, Western Railway, Mumbai, and
OA Nos.210/2013,
eee 125/2016, 497/2014,
Be 5093/2014, 322/2013,
349/2013, 350/2013,
483/2013, 719/2013
residing ak Rly. Staf Quarter No.44/11, Kandivali (West), Opp. Sarover Hotel,
Kandival (Vest), Mumbai 400087.
- Applicants.
Versus
1. The Union of india, Through The Chalrman, Rallway Board. Rail Bhavan New
Dethi 110 011.
2. General Manager, Western Railway, Headquarters Office, Churchgate,
Mumbai 400020. a
3. Chief Personnel Officer, Western Railway, Headquarters Office, Churchgate,
Murnbai 400020.
4. Dhisional Railway Manager (DRM) DRM's Office, Western Railway, Mumbai
Central, Mumbai 400 008.
- Respondents.
OA No.322/2013
i. Shri Mohammed Azimullah Usman Age about 48 years Working as, Sr
PassGuard, Churchgate, Mumbai Division, Western Railvay, Under Area
Officer Churchgate, Western Railway, Mumbal- 400 020. Residing at 112/H,
Western Railway Quarters, Behind Rly. Police Station, Bandra (West), Mumbai-
400 050
- Applicant.
Versus
1. Union of India, Through General Manager, Western Railway, Churchgate,
Mumbai- 400 020.
2. The Divisional Railway Manager Western Railway, Mumbai. Central,
Mumbai- 400 008.
3. The Senior Divisional Personnel Officer Western Railway, Mumbai Central,
Mumbai: 400 008.
+ Respondents.
OA No.349/26013
L.Aoonan James Abraham, S/o K.P. Abraham, Age 49 years, Occ. Service, R/o
{O7/A, Sai Tukaram CHS, Rambaug Lane No.4, Kalyan (West)-421301 Thane
Dist. (Mah. St.)
2. Sathinadhan K. Sfo C. Paramu Nair, Age 49 years, Occ. Service, R/o 3/8,
302, Nealsankalp CHS, Plot-38, Sector-5, New Panvel, Navi Mumbal-4 10206
3. Antony Clifford Fallelro S/o Cifford Fallairo, Age 46 years, Qcc. Service, Rio
OA Nos. 2100/2013,
1235/2016, 497/2014,
ig SOV2014, 3222013,
2349/2013, 350/2013,
483/2013, 7192013
504, Akash Ganga, MTNL Road, Opp. Jangid Tower, Mira Road (East}-401107
Thane Dist. (Mah. St}
4, Vipin Bihart Viiay Sfo Manmohan Vilay, Age 47 years, Occ. Service, Rio B-
$02, Mohan Paradise Phase-1, Wayle Nagar, Kadakpada, Kalyan (West)-
421301 Thane Dist. (Mah. St) :
5. Harnarayan Diwaker S/o Nandlal DiwakerAge 53 years, Occ. Service, Rio
B/703 Bldg. No.3, Shankhleshwar, Presidency, Tawripada, Kalyan (West)-
421301 Thane Dist. (Mah.St}
5. Vivek Datlray Karandikar Sfo Dattatray K. Karndikar, Age 48 years, Occ.
Service, R/o 105, New Sarvoday Pooja CHS, Patharli Road, Oop.Shiv Mandir,
Dombivil East-421207 Thane Dist. (Mah. St}
7. Kalcoram Meena S/o Fateh Singh Meena, Age 45 years, Occ. Services, Rio
-1/402, Tripura CHS, Lok Dhara, Kalyan East-427306 Thane Dist (Mah. St}
8. Krishnakumar Mishra S/o RG. Mishra, Age 50 years, Oce. Service, Rio 6-
ohivdatsiar Apartment, eae Rompe: nae Road, Near Saket
Service, Rig: 8.404. Vrundavan Park, Piot No.3, Sectorad, Kone, Panvel-
419209 Raighad Dist. (Mah. St}
10. Alok Chakraborty S/o Sachindranath Chakraborty, Age 46 years, Occ.
service, R/o 5, Apoorva Sagar CHS, Arun Sagar Complex, Kuigaon,
Badlapur (East)-424 503
'Th Ashokan KV S/o P. Balan Nair, Age 45 years, Occ. Sarvice, Rio A-6O1,
Kalpataru Arcade, Sector-4, = New Panvel(E}~410206
Raigad Dist. (Maks St}
ea0d Viundavan Park, Plot No. 9, Sec. 34, Kamothe, Pasta t0006 Raloned
Dist. (Mah. St)
43. Ishwarchand Gupta S/o Khoobchand Gupta, Age $2 years, Occ. Service,
Rio 13, Shivesh Apartments, Pandurang Nagar, Chinchpada, Near BSNL
Telephone: Exchange, Kalyan {East)-421901
Thane Dist. (Mah. St)
14. Horilal Mehra Sfo Himmat Singh Mehra, Age 47 years, Occ. Senice, Ris
301, A/S Shree Complex, Barawe Road, Kadakpada, Kalyan (West)-421301
Thane Dist. (Mah. St. 5
18. Bajranglal Meena S/o Birbalram Meena, Age 49 years, Occ. Service, Rio
506, Chandrabhags Tower, Near Shree Camplex Chowk, Adharwadi Jail Road,
Kaliwall, Kalyan (West)-421301 Thane Dist. (Mah. SL)
OA Nos.210/2015,
1235/2016, 497/201 4,
5303/2014, 3232/2013,
349/2013, 3S0/2013,
483/2013, 719/2013
{Office Address of all applicants Sr. Station Manager's Office, Mumbai CST,
Mumbai-400007 }
-~ Applicants.
Versus
1. Through General Manager, CSTM, Union of India CST, central Raliway,
Mumbat1.
2} Railway Board Through the Secretary, Ministry of Railways, New Delhi-
40004
3. The Chief Personnel Officer, Central Railways, CST, Mumbai-400001.
~ Respondents.
QA No.350/2013
1. Thandiram Meena, S/o Chhajlu Ram Meena, Age 44 years, Occ. Service, R/o
701, Artideep CHS, Opp. Amrut Park, Kadakpada, Kalyan (west) 421304,
Thane Dist (Mah. St)
2 Kiredial Meena, S/o Khiladi Ram Meena, Age 45 years, Occ. Service, Rio
404, Bidg.No.iG, Neelkanth Park, Waylenagar, Kadakpada, Kalyan (Vest)
421301, Thane Dist. (Mah. St}
3 Milind Tanbaji Ukey, S/o Tanbaji Sakhararn Ukey, Age 44 years, Occ. Service,
Rio A/t02, Wastuswapnapurli Residency, Opp. New HP Petrol Pump, Katrap,
Badiapur (East) 421503, Thane Dist. (Mah.St)
4. Diio Ramchandra Chum ble, Sfo Ramchandra R. Chumble, Age 44 years,
Occ. Service, Rio A/1G3. Sunder Nagar, Agra Road, Kalyan (West) 421301
Thane Dist. (Mah. St)
5. Arun Sitaram Pati S/o Sitaram Kundlik Pati, Arun Sitaram Pati, Age 44
years, Occ. Service, Rio 301, Sanjivani Bldg., Near Pragati College, Nandivall
Road, Dombivill (East) 421301 Thane Dist. (Mah.St}
6.Wilson. Victor Das, S/o Victor Prabhakar Das, Age 47 years, Occ. Service,
Rio UJN-3, Type Bldg.Ne.17, Room. No.1, Sector 16, Vashi, Navi Mumbai
400705, Thane Dist(M8. .
7.SuniS. Rumale, Sfo Sudhakar K. Rumaie, Age 44 years, Occ. Service, Rio"
Flat No.26, Bldg.No.D-4/6, Radhanagar Towers, Barave Road, Kadakpada,
Kalyan(West) 421301 Thane Dist. (Mah, St) .
§.Sudhir Kumar Radhakrishnan, S/o Radhakrishnan P. Age 49 years, Occ.
Service, Rfo MSRBAHHMISM, Central Railway Offfeers Flats, LN Road,
Matunga (East), Mumbai-400019 (Mah.St)}
OA Nos.210/2013,
1252016, 4972014,
16 S03/2014, 3222013, --
349/2013, 3530/2015,
483/2013, 7FLQ2013
g Raiabhaiya S/o Kamel Ahrned, Age 59 years, Goc. Service, R/o 2-9, RBAL,
Berkely Place, Byoulla, Mumbal-400008 (M.S.}
10.Pravin P. Girap, S/o Pandurang Girap, Age 49 years, occ. Service, Rio D-8,
RBA, Berkely Place, Byculla, Mumbai-400008 (M.8_)
l.Ravi Venkat Rao, S/o JV. Rao, Age 45 years, Occ. Service, Rio 104, Sai.
12.Raji Varghese S/o Mathai Varghese, Age 45 years, Occ. Service, Rio
8005/4, Laxmiparadise Bidg., 8th Floor, Opp.Mayor Bunglow, Kanakia Road,
Mira Road (East) 407109 (M.S)
i3.Kishore Kumar Bawaria, Sfo Jageshwar P Bawariya, Age-44 years, Occ,
Service, Rfo C/601, Gurudeo CHS, Plot No.27, Sec.20, Kamothe, Panvel
410209 Raigad Dist. {M.S}.
Office Address. of all above applicants Sr. Station Manager's- Office; Mumbai
CST, Mumbal-400 004. .
Applicants,
Versus ee
L. Union of India Through General Manager, CSTM, CST, Central Railway,
Mumbai-4 o
2. Railway Board Through the Secretary, Ministry of Railways, New Delhi-
VWOCOP sr
3: The Chief Personnel Officer, Central Railways, CST, Mumbai-460001
+ Respondents.
OAN0.4832013
1. Hemant £ Rathod, Age 45 years, Sfo Shri Liladhar J Rathod Rasiding at |
Shree Krishna Residency, Building No.2, B-Wing, Room No.202, If Floor,
Valavill, Badlapur(West), Distt Thane, Pin-421503
2.Moreshwar Kiran Zade, Age 25 years, S/o Shn Kiran dade, Residing at: H-2,
Surya Vihar, Baclapur(East), Distt Thans, Pin-421503
3.Sandeep Saliram Gimhavanekar, Age-37 years, S/o Late Shri BaliRam R
Gimhavanekar, Residing at : 206, Shyam Sundar, {) Floor S.J. Marg, Lower
Parel, Mumbai Pin-400073,
4 Satish Eknath Bidwe, Age 38 years, Slo Late Shr Eknath Dada Bidwe,
Residing at Mangla Park, B-2/206, Barve Road, Khadkpada, Kalyan(Vest),
Distt- Thane. Pin-427301
GA Nos.2 10/2013,
(25/2016, 497/2014,
SO3/2014, 3222/2013,
349/2013, 3560/2013,
ASZOLS, FIG2013
§. Nilesh R Kulkarni, Age 43 years, Sfo Shri Ramakant.G.Kulkarni, Residing at
Block No.6, 3d Floor, Vinayak Smiuti, Kasar Haat Lane, Tilak chowk,
Kalyan(Wesd), Distt- Thane. Pin-421301
6. M.G. Sayed, Age 41 years, Sfo Shri Gazanfur All Sayed Residing af 105,
Soham Shree Cooperative Society, Ram baug Lan 0', Kalyan{ West),
Dist- Thane Pin-421301
7 Shailesh Kumar Rawat, Age 40 years, S/o Shri Raj Kumar, Residing at: RB-
2, 8/1, Railway Colony Jui Nagar, Sector 22, New Mumbai Pin-400705
&.Rajesh V.Wavdekar, Age 36 years, S/o Shn Vasant Baburao Wavdekar
Residing at Bfd, 302, Gokul Nagri, Gandhar Vilage, Kalyan(Wesi),
Khadakpada, Distt- Thane Pin-421301 .
-Applicants.
Versus
{. The Union of India, Through The Chairnan, Railway Board. Rail Bhavan
New Delhi 110 071.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai .
400 001.
3, Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumba 400 001.
4, The Divisional Railway Manager (DRM) DRM's Office, Central Railway,
CSTM, Mumbai 400 004. - Respondents. .
OA No.719/2013
4. GURDEVENDER SINGH, son of S. GURIQBAL SINGH, Date of Birth :
15.03.1952, Age: 62 years, working/worked as (MAIL GUARD- BCT, under Sr.
D.O.M. BCT, Western Railway, having office at Mumbai Central,
Murnbai 400 008, and residing at: Plot No.24, Road No.04, Sector No.01, New
Panvel, District - Raigad, Maharashtra State, Pin Code -410 206.
2. PRADEEP VAMANRAO GUPTE, son of Vamanraa Gupte, Date of Birth
21.09.1951, Age: 62 years, warkingAworked as SR. : PASSENGER GUARD,
under Sr D.O.M. BCT. Western Railway, having office af Mumbai Central;
Mumbai 400 008, and residing at B/102, Sai Plaza, Sector 15A, Plot No.16,
New Panvel, Navi Mumbai, Oistrict Raigad, Maharashtra Stete, Pin Code
$0206.
3, LEROY D'SA, son of L.G.T. D'SA, Date of Birth: 12.10.1953, Age: 60 years,
working/worked as: SR. PASSENGER GUARD, under Sn D.O.M. BCT
Western Railway, having office at Mumbai Central, Murnbai 400 008, and
OA Nos210/2013,
[2572016, 497/2014, .
is S03/214, 322/2013,
349/2013, 3590/2013,
4835/2013, 7193013
residing at S3/J, Western Railway Colony, Pali Hil Estate, Carter Road,
Bandra (West), Mumbai 400050.
4. VIJAY KUMAR PATHAK son of O.R. Pathak, Date of Birth: 04.10.1956, Age:
&f years, working/ worked as: SENIOR PASSENGER GUARD. under Sr.
DOM, BCT, Western Railway, having office af Mumbai central, Murmbal 400
008, and residing ai New Sherinike CHS, B/16, Ashok Nagar Mulund (Vest),
Mumbai 400080.
§. JASWANT SINGH son of Sardar Balbir Singh, Date of Birth: 15.01.1960,
Age: 54 years, workingAvorked as: MAIL EXPRESS GUARD-BCT, under Sr.
D.O.M. BCT, Western Railway, having office at Mumbai Central, Mumbai 400
O08, and residing. at = Flat Ne73i4, Bullding .No.85,. Happy
Home Estate, Poonam Sagar Complex, Mira Road (East), District Thane, Pin
Code 4017107. .
6. GURMIT SINGH BAJWA, son of Shr Sohan Singh Bajwa, Date of Birth:
02.01.1859, Age: 55 years, working/Aworked as > MAIL/EXP. GUARD, under
Station Manager, Mumbai Central, Western Railway, Mumbai 400008, and
residing at : 43T/J-1, W.Rly Colony, Mumbai Central, Muribai 400 008.
7. VAY PARSHURAM SALVI, son of Parshuram Vishnu Salvi, Date of Sith :
29.08.1952, Age: 61 years, workingAvarked as : (RETO) SR: PASSENGER
GUARD, under Sr D.O.M. BCT, Western Railway, having office at Mumbai
Central, Mumbai 400 008, and residing at : 202/D, Soni Sarowar Co-op. Hsg.
Soc. Lid, LT. Road, Old M.H.B. Colony, Borivall (West), Mumbai
B.V.V. RAJAN, son. of VK. Velayudhan, Date of Birth: 07.03.1947, Age: 99
years, workingWworked as: SENIOR PASSENGER GUARD, under A.R.O.
Churchgate, Western Railway, having office at Churchgate, Mumbai 400 020,
and residing at' 8-302, Amardeep C.H.S. Ltd., Plot 73, Sher-E-Punjab Colony,
Andher (East), Mumbaj 400093.
$. ARVIND MANILAL PATEL son of Manilal Munvar Patel) Date of Birth:
02.06.1955,- Age: 58 years, working/worked as: MAIL) EXPRESS GUARD,
under Station Master, Mumba) Central, Western Railway, having office at
Mumbai Central, Mumbai 400008 and residing at : At Post Mograwadi,
Sahayog Nagar, Mukti Dham, Tal. And District Valsad, State of Gujarat, Pin
Code :
10. DILIP KUMAR TIWARI son of Kallash Chandra Tiwari, Date of Birth:
02.10.1956, Age: 57 years, warking/fworked as: MAIL EXPRESS GUARD-
BCT, under Sr DOM. BCT, Western Railway, having office at Mumbai
Gentral, Mumbai 460 008, and residing af : Flat No.73/14, Building No.8,
Happy Home Estate, Poonam Sagar Complex, Mira Road (East), District ;
OA Nos. 2110/2013,
123/2016, 4979/2014,
oe AG 2032014, 322/2013,
349/2013, 3850/2015,
4832013, 7192013
Thane, Pin Code - 401107.
11. PRADEEP KUMAR P. san of VASUDEAVAN, Date of Birth © 07.10.1962,
Age: 61 years, working/worked as: SR. PASSENGER GUARD, under Sr.
D.O.M. BCT, Western Railway, having office at Mumbai Central, Mumbai 400
008, and residing at: 8/14/31, Raw house, Sector-7, Kanda Colony, New
Panvel, Navi Mumbal, District Raigad, Maharashtra State, Pin Cade 40206.
i2. Dhirubhal Gutabbha!l Patel son of Gulabbhai P. Patel, Date of Birth:
01.07.1956, Age: 57 years, working/ worked as: MAIL EXPRESS GUARD.
under Station Master, BCT, Western Railway, having office at Mumbai Central,
Mumbai 400 008, and residing at At Post G-3, Sangath Apartment,
Mograwadi, Valsad (Gujarat) Pin Code 396 001. 7
18. YOGESH M. MAKWANA, son of Maganbhai N. Makwana, Date of Birth:
07.01.1987, Age: 47 years, Sr Passenger Guard, Batch Gat 4600 under C/o
AR.O. Churchgate, Churchgate Station, Western Railway, Mumbai 400 020,
and residing at®-2/61, Subhash Nagar, Teen Dongri, Goregaon (West),
Mumbai 400090.
14. SHAMSUR REHMAN KHAN SURI son of MOINUR REHMAN KHAN SURI,
Date of Birth : 12.07.1952 Age: 61 years, working/Aworked as MAIL GUARD,
under Sr. D.0.M. BCT, Western Railway, having office af Murnbai Central,
Mumbai 400 068. and residing at > Bullding No.S5, 3rd Floor, Flat No.306,
Station Road, Mira Road (East), District Thane, Maharashtra State, Pin
Gade:401 107.
45. CHIMANBHA! LIMJIBHA! VASAVA son of LIMJIBHAL KILASHAI VASAVA,
Date of Birth: 06.10.1955 Age: 58 years, working/ warked MAIL? EXPRESS
GUARD, under Station Master Western Railway, having office at Sura,
Guiarat, and residing at 10, Vallabha Nagar Cooperative Housing Society,
Ganeshpura, Amroli, Surat, State of Gujarat, Pin Cade - 394 107.
16. BALDEVSINGH DIPSINGH VASAVA son of Dipsingh Gulabbhal Vasava,
Date of Birth: 01.06.1955, Age: 58 years, working/worked as: MAIL- EXPRESS
GUARD-ST, under C/o Station Master, Western Railway, having office at Surat,
Gujarat, Pin Code 494 107, and residing at: 1798/0, Railway Colony, Surat,
State of Gularal, Fin residing ak Cade 484107.
47. SHIMP! SOMNATH NARAYAN, son of Simp? Narayan Motiram Date of
Birth: 07.04.1955, Age: 58 years, working/ worked as: SENIOR PASSENGER
GUARD, under Station Manager, Nandurbar Railway Station, having office at
Nandurbar, State of Maharashtra 425 411, and residing at: Plot No.31, Shanti
Nagar, Wagheshwarl Mandir Road, At Post ~ Nandurbar, District Nandurbar,
State of Maharashira -Pin Gode - 425 442.
78.RAMA SINGH YADAV, son of SUKHANANDAN YADAV Date of Birth:
01.08.1951, Age: 62 years, working/ worked as: MAIL EXPRESS GUARD,
under Station Manager, Mumbai Central, Western Railway, Mumbai Division,
OA Nas. 2110/2013,
1235/2016, 4972014,
20 SOB/2014, 322/2015,
349/2013, 3502013,
4832013, 7192073
Mumbai, having office at Mumbai Central, Mumbai 400008, and residing at:
Sector-9, Survey No.004, "C" Wing, Vasant Nagr, Vasa! (East), District-Thane,
State of Maharashtra, Pin Coda -401 208.
1a. PRABHAKAR GANPAT GAONKAR, son of Ganpat 8. Gaonkar, Date of
Birth: 12.12.7954, Age: 59 years, working/worked as : MAIL GUARD, under Sr.
D.0.M. BCT, Western Railway, having office at Mumbai Central,
Mumbal 400 008, and residing at: 106-B, Sai Dham Apartment, RR. Thukar
Marg, Near Gunesh Hotel, Jogeshwari (East), Mumbai, Pin Code: 400 060.
20. KANUBHAI ADALBHA! VASAVA son of Adalbhai Vallavbhai Vasava, Date
of Birth: 11.06.1955, Age: 58 years, working' worked as: RETIRED MAIL- ~
EXPRESS GUARD, under C/o Station Superintendent BCT, Western Railway,
having office at Mumbai Central, Mumba! 400 008, and residing at At Post
Udvada {RS}, Tal- Pare, District ~ Valsad, State af Gujarat, Fin Code 396 185.
21. Romesh Chand Gurug, son of Ramsingh Gurang, Date. of Birth:
12.08.1951, Age: 62 years, working/ worked as: MAIL XPRESS GUARD,
under Sen lor DOPST OM ae Memorandum -- BCE Western Raney. having
Office - DARE District: canoes {FP} Pin Code -176 089.
22. SHAIKH AYAZ HUSSAIN son of Mohd. Hussain, Datecof Birth: 16.04.1960.
Age: 53 years, warking/worked as: MAIL- EXPRESS GUARD, under Sr. D.0.M.
BCT, Western Railway, having office at Mumbai Central, Mumbai 400.008, and
residing at 47/C/2, Agr Pada, Railway Calony, Mumbal-Central; Mumbai 400
O08.
23. PRAKASH NARAYAN MISHRA son of Shri Pushkar Narayan Mishra, Date
of Birth: 01.01.1849, Age: 65 years, working' worked as: MAIL/ EXPRESS
GUARD ee CENTRAL, under Station Superintendent, Vester ae
Alaknande CHS, Sector-2, Vasant Naat 'Vasai (East). Pin Code - 401 208.
24. SURAT] PRAVINBHA] KARSHANBHAI san of Suratl Karshanbhai
Nanubhai, Date of Birth: 12.10.1958, Age: 55 years, working! worked
as MAILV/EXPRESS GUARD- ST, under Station Master, Western Railway,
having office at Surat, Gujarat, Pin Code 494 107 and residing at 31/32,
Shrushti Society, Abhishek Township, New Kosad Road, Amroli, Surat Gujarat,
Pin Code No. 394 107.
25. NANDANOORI CHANDRA SEKHAR son of Nandanoori Ranganatham,
Date of BINh: 28.07.1659, Age: 54 years, workingAvorked as: SR.
PASSENGER GUARD, under C/o AR.O. Churchgate, Churchgate Station,
Western Railway, Mumbai 400 620, and residing at: Western Railway Quarters,
No.84/5. Near Railway Station, Andheri (East), Mumbai 400069.
~Applicants,
Versus
1. Union of India, Through Secretary, Railway Board, Rail Bhawan, New Dethi,
OA Nos. 2102 013,
1258/2016, 497/2014,
SUS/2014, 32272015,
34972013, 3350/2015,
$83/2013, 719/2013
Pin Code- 110 001.
2. The General Manager, Headquarters Office, Western Railway, Churchgate,
Mumbai 400 026.
3. The Divisional Railway Manager, Office of the Divisional Railway Manager,
Western Railway, Murnbal Division, Mumbal Central, Mumbal, State of
Maharashtra, Pin Code: 400 008.
- Respondents.
Appearances :«
UY < aay oe Bm FR ary % at 4
ShriooR. G. Walia, jJearmed counsel for tne
applicant in OA Nos. 2160/2013, 1125/2016, 4937/2014,
applicants in GA Nos.349/2013, 3890/2013.
None for the applicant in OA Ne.483/20
hri S. €. Dhawan, learned counsel for ths
S. Ravi, learned counsel for the
resoondents in OA No. t25/2014.
Shri ¥. SS. Masurkar, learned counsel for the
respondente in OA noas.497/2014, 5038/2014, 3822/2012,
R49/2018, 8350/2023, 4483/2013 and 719/2013.
COMMON ORAL ORDER
Per: R.N, SINGH, Member (3) These applications have been filed under Section 19 of the Administrative Tribunais Act, 1985 seeking the reliefs as under in OA OA Nos.2 10/2013, 1235/2016, 497/2014, ae S03 2014, 22/2083, 34972013, 3350/2015, 4835/2015, FISRO13 No.210/2013:
"a. This Hon'ble Tribunal may be pleased to call for the records and proceedings which led to the passing of the impugned. arder dated 13.12.2012 and 15.02.2013 passed by the Respondents and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same with full consequential benefits.
i This Hon'ble Tribunal wil be pleased hold and declare that the Orders dated 224.2070 and 26.2010 as far as the present Applicants are concerned are legal and proper and the Applicants are entitled to the benefifs which accrued to them from the said Orders.
c. This: Hon'ble Tribunal will be pleased to order and direct the Respondents.to refund and return any amount recovered from the Applicanis with 18% interest per annum tll the payment is made.
d..This: Hon'ble Thbunal wil be pleased fo order and. direct the Respondents. io immediately release the withheld retiral dues amounts in cases of the Applicants wha have retired from service with 18% interest thereon tll actual payment.
e, Costof this original Application is provided for:
fi, proper and necessary in the facts and circumstances of the case. * ee Reliefs in OA No.125/2016 "a)This Hon'ble Tribunal may be pleased to call for the records and proceedings which led to the passing of the impugned orders dated 12-42-2012, 12-09-2013, 11-06-2014, and 02-07- 2014 and after going through its propriety, legalty and constitutional validity be pleased to quash and set aside the same as far as it relates ta the Applicants with full consequential benefits of arrears or salary with 21% interest thereon.
b) This Hon'ble Thbunal wil be pleased to hold and declared that the impugned action / orders as are challenged in this Orginal Application sbsolutely legal, wrong and in violation of the settled jaw a6 declared by various Tribunals, High Court and Supreme Court in respect of | & Hl MACP benefit in GP 4600 & 4800 to the Guards cadre of the Railways. This Hon'ble Tribunal will be pleased to hold and declare that the Applicants are entitled fo the Grade Pay of Rs.4,800/- and Rs. 4.800/- towards 2nd & 3nd MACP respectively and accordingly direct the Respondents to grant / fix OA Nos.210/2013, 1235/2016, 497/20 14, 5035/2014, 322/203, 349/2013, 3530/2013, 4853/2013, 7197/2013 the pay and salary of the Applicants from the date they complete 10 years in the Grade Pay of Rs.4,200/- by effecting Grade Pay of Rs.4,600/- towards 2° MACP and after another 10 years to grant Rs.4,800/- (or equivalent grade} towards 3° MACP with full consequential benefits and arrears of pay and salary with 21% imerest therean, c)This Hon'ble Tibunal may further be pleased ta hold and declare that the imougned Railway Board letter dated 12-
09-2013 cannot be relied upon to deny the benefit of 2nd MACP in Fis.4,600/- and the 3rd MACP in Rs.4,800/- fo the Applicants on completion of 10 years in a particular grade."
Reliefs in OA No.497/2014a. pleased to call for the records and proceedings which led to the passing dated of the impugned order 15.7.2014 and 08.2014 and also a Show Cause Notice dated 06.06.2014 passed by the Respondents and after going through its propriety, legality 54 and constitutional validity be pleased fo quash and set aside the same with full consequential benefits.
b. This Hon'ble Tribunal wil be pleased hold and declare that the Orders dated 13.07.2010 as far as the present Applicants are concerned are legal and proper and the Applicants are entitled to the benefits which accrued fo them from the said Orders.
c. This Hon'ble Tribunal will be pleased to order and direct the Respondents to refund and return any amount if recovered from the Applicants with 18% interest per annum fill the payment is made.
d. This Hon'ble Tribunal will be pleased to hald and declare that the Applicants who are working as Guards are eniitied fo the Second Financial Upgradation in Grade Pay of Rs.4600/- and Third Financial Upgradation in Grade Pay of Rs. 4800/- on completion of 20 and 30 years of servine respectively.
e. Caost-of this original Application is provided far; _ d. Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary In the facts and circumstances of the case.
Reliefs in OA No.503/2014"a This Hon'ble Tribunal may be pleased to call for the records and proceedings which fed to the passing of the impugned order dated 15.7.2014 and 08.2014 and also a Show Cause Notice dated 06.08.2014 passed by the Respondents and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same with full consequential benefits.
OA Nos.210/2013, L2S/2016, 497/2014, a4 SOS/2014, 3522/2013, 349/2013, 3350/2015, 4$3/2013, 7192013 6b. This Hon'ble Tribunal will be pleased hold and declare that the Orders dated 13.01.2010 as far as the present Applicants are concerned are legal and proper and the Appilcants are entitled to the benefits which accrued to therm from the said Orders.
c: This Hon'bie Tribunal will be pleased ta order and direct the Respondents to refund and return any amount if recovered from the Applicants with 16% Interest per annum fl the payment is made.
d. This Hon'ble Tribunal will be pleased to hold and declare that the Applicants who are working as Guards are entitled to the Second Financial Upgradation in Grade Pay of Rs.4600/- and Third Financial Upgradation in Grade Pay of Rs.4800/- on completion of 20 and 20 years of service respectively.
e. Cost of this original Application is provided for, .
ad. Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts "and circumstances of the case."Reliefs in OA No.322/2013
"8.1 This Hon'ble. Thbunal will be pleased fo call for the-records and the Proceeding and affer perusing the same, be pleased to Grant the benefit of ACP/AMACP with effect fram 04.09.2008 8.2 Further be pleased to direct the Respondent No 2 & 3 to refix the pay of the Applicant in the light of the ACPAMACP and after fixing the Pay along with arrears and interest thereon, admissible under the provision of the Law.
8.3 To hold and declare that the action of the Respondent Authorifies is discriminatory in nature and violation of Art 14 and Art 16 of Constitution of india.
8.4 To grant any such other and further Rellefs as may. be deemed fit and proper in the facts and circumstances of the case."-Reliefs in. OA No. 349/2013
fa] Quash and set the impugned Order dated 15.02.2043 and 43.12.2012 (ann. A-1 & A-1()).
[6] Direct the respondents to continue the benefits of Grade Pay of Rs.4600/- granted to them under the MACP Scheme. --
ic] Saddle the cost.
id] Any other.
QA Nos.210/2013, 1235/2016, 497/2014, 5303/2014, 3232/2013, 3492013, 350/2013, 4835/2013, T19/2013 Reliefs in 3506/2013 fa] Quash and set the impugned Order dated 15.02.2012 and 43.12.2012 {ann A-1 &A-10)}.
ib] Direct the respondents to continue the benefits of Grade Pay of Rs.4600/- granted to them under the MACP Scheme.
fo] Saddle the cost.
id} Any other.
Reliefs in OA No.483/2013*a) This Hon'ble Tribunal may be pleased fo call for the records and proceedings which led to the passing of the impugned order dated 25.07.2013 by the Respondents and after going through iis propriety, legality and Constitutional validity be pleased to quash and set aside the same with all consequential benefits.
b} This Han'bis Tribunal will be pleased to hold and declare that the Orders dated 16.03.2011, 17.06.2017 and 16.10.2012 granting Financial Upgradation to the Applicants are legal and proper and the Applicants are entitled to the benefits which accrued to them from the said orders.
c} Cost of this Original Application is pravided for. a} Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case."
Reliefs in OA No.719/2013- *g) This Hon'ble Tribunal may be pleased to call for the records and proceedings which led fo the passing of the impugned order dated 13.12.2042 passed by the Respondents and after going -
through its propriety, legality and constitutional validity be pleased to quashand set aside the same with full consequential benefits.
b. This Hon'bie Tribunal will be pleased to hold and declare that the Applicants are entitled fo the Grade Pay of Rs.4600/ on completion of 20 years of service and Rs.4800/- on completion of 30 years of service under the MACP Scheme and accordingly refix thelr pay and pension (of Applicants who have retired).
¢. This Hon'ble Tribunal will be pleased to order and direct the Respondents to pay the Applicants In accordance with the Grade Pay of Rs.4600/- on completion of 20 years of service and OA Nos.210/2013, 1238/2016, 497/2014, 26 SO3/2014, 322/2013, 349/2013, 35072013, 4$3/2013, 7i9/2013 Rs. 4800/- en completion of 30 years of service with arrears of difference of salary, pay and pension and other retiral dues with 21% interest thereon til actual payment.
qd. This Hon'ble Tribunal will be pleased to order and diract the Respondents to fix the pay and pension of the Applicants in the Grade Pay Rs.4600/- on completion of 20. years of service and Rs.4800/- on completion of 30 years of service under the MACP Scheme. .
¢. Cost of this original Application is provided far:
¥. Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case."
2. The applicants in all the above OAs are S ed to be similarly placed, the reliefs} sought by the applicants in all the OAs-are stated _ to be identical and therefore with the consent of the parties all the aforesaid OAs have been heard _ together and are being disposed of by a common order.
3. The applicants commenced service with the tespondants as the Goods Guard and moved in the career as Senior Goods Guard, Passenger Goods Guard and Mail Express Guard at various points of time. After the 6 CPC the Goods Guard was itt ted in the Pay Band-l with Grade Pay Rs.2800 whereas the higher level posts cf Senior Goods Guard, Li i Passenger Guard and Guard (Mail Express} were OA Nos, 21/2013, P25/2016, 497/2014, 503/2014, 3222/2013, 349/2015, 3506/2013, 4$3/2013, 7192013 fitted in PB-IT. with Grade. Pay of Ra.d200. The a applicants received ons promotion from the Goods Guard to Senior Goods Guard and after grant of the benefit of MACP Scheme in the Grade Pay of Rs.4600/ and agsog/- in consecutive up-gradation, the respondents have withdrawn the said benefit under the MACP on the ground that their promotion from Senior Goods Guard to Passenger Goods Guard and then to Guard (Mail Express}, represented promotion and they would only be enbitled for pay ad ve Same GE i Fixation in t is the claim of the applicants that L >
4. it the moment those promotional posts are kept in identic pay scale with identical Grade Pay can not be counted as promotion for the purpose of refusal of the benefits under MACP up-gradations they are entitled to the 2 and 38 up om an gradations on the respect ive dates of eligibility to che levels of GP 4600/- and 4800/-.
SB. The learned counsel for the applicant relies on a catena of judgments which include the judgment of the Hon'ble High Court of Madhya OA Nos.2 10/2013, {2S/2016, 4972014, 28 5038/2014, 322/2013, 349/2013, 3350/2013, 43/2013, T19/2013 Prasdesh at Jabalpur dated 20.11.2015, ain WP No.13031/2013 the Hon'ble High Court took note of the para-9 of the earlier decision of the Exnakulum Bench of this yibunal owhich was th favourable to the apelicants and on challenge th + .'ble High Court Rad granted an Ming » m4 She cerim stay pee ¥ ret ct th ct ct o Lae z 3 it se) (D ie ch pw eS wy Ou Be . a on aces oO ry cy fh ft, ie Ky D ct oy Ss ce Cx 2 ry the me After elaborate discussion on the various is arguments preferred by the petitione rs and the respondents, the Hon'ble High Court of Madhya Pradesh held in para-i10 and ib as beiow;
"TO : We jave no hes:
accepting the aforesaid re La the Division Bench of Al Court, for the simple eeasey categorical statement shoul mads in that respect titioners herein that c persons like respondent were gr the benefit of promotion in best: ms "of the Regulations or Rules made by the petitioners in. due course of time including the financial benefits and upgradation. Secondly, merely because of the merger of the. pay scales any novement of Senior Goods Guard te the e post of Passenger Guard was not to be treated aS a promotion unless otherwise orovided under the Service Rules. Ff Lib was a promotion, in what manner s uch consideration was done and whether that was granted to the persons like respondent in due course OA Nos.210/2013, 1235/2016, 497/2014, 503/2014, 3222013, 349/2013, SNVZOL3, 43/2013, Fi92013 ih o employment in... terms of those Regulations or not, was required to be proved by the petitioners. Nothing in that respect has besn produced before the Tribunal. A bald statement that the MACPS would not be applicable in case of persons like respondent is not enough since it is required to be demonstrated by the petitioner themselves that the said MACPS is made for a specific purpose and for specific class of employees who have remained in stagnation in the matter of promotion for a long time, Broadly interpreting the orovisions of paragraph 5 and § of the aforesaid MACPS, we are of the considered opinion that no error of law was committed by the Tribunal in making the said Scheme applicable for the persans Like respondent However, sinecs certain facts were not clarified by the petitioners before the Tribunal, that opportunity to conduct an enquiry in that respect and to examine the cases of each and every individual separately was granted by the Tribunal by rhe impugned order. We are of the considered opinion that even such an opportunity was not required to be granted. to the petitioners in view of the fact that though petitioners being employer were having all the information in respect of so-called promotion of respondent, the said information was nat produced before the Tribunal in adequate manner. However, we are not inclined to interfere in the order of the Tribunal ony and are not willing to disturb the id liberty granted by the Tribunal for the reason the said aspect is not called in question by the respondent before us.6
SSS OA Nos.210/2013, P2016, 497/2014, O3/2014, 322/2013, (2013, 3350/2013, 3/2013, FEGAO1S 123 30 303 389 48 iil oo: In view of the discussions mads herein above, we find no force in these writ petitions, which deserve to be and are hereby dismissed. Howsver, Looking to the facts and circumstances of the case parties to. the writ petitions to bear their own cost.
red accordingly."
Ce ks my, © ry
6. The learned counsel for the applicant also referred to the orders of the Hyderabad Bench of this Yribunal<dated LO.EOs20L8 in a batch of cases which refers to the various decisions of the Jaipur, Ernakulum, Ranchi and Jabalpur Benches of this Tribunal and the judgment of the Hon'ble High Ph Court of JRarkhand and Allahabad and further 'relies on the decision of the Principal Bench of this Tribunal im OA No.i4i/2ol2 which in turn rélied on the gudgments of the Hon'ble High Court of Delhi an WP(c} 3420/2000 which relates to the demand of nurses in the Ministry of Health for grant of MACP and had recorded as follows:
'L3, Being on the subject the Honourable Principal Bench of this Tribunal in OR 214i oof 2012 quoting Honourable Delhi High Court dudgment an WE IC} No. 3420/2010 reproduced below, has upheld the principle of avods Beas. c aS GSS Be ol a 4 fe ca OHH Ou BH | Hw vs wh to OY tS rk ty Qa oy A 4 iv 47 } + OF AS 43 SS pe ro .
GO sh te . ' At 4% Gg MM Gg ned ey 4M) OG OO DB L 1 ABSEE dee SEGRE SSE CA GREER RARS Se aoe S YQ ea Oo Os by oD ao OI OS eS a, of & taba - gage eee io BO 7 4a Af Qo ut RON Ga OBARS Sydv ae sa, "GGG 7 RR OR SA © Wig BBS % ry 2 op op bd is ~ as o a 8 o o QM oN 4b ot oa rs , mp Ss > tt wt eh 9" @ =o 5 2 wa Sag S Bag Hgug dg Go SON 35 ea a} we oo pm. of rf ie rt gy a AG qg Bo ee en Be i a © hr oP) Hn gy Peo eB aS Gg Gor O gy, am dO AB if A ny Bi ao Moy Sos oa Son B wy OQ yon Bt a3 Cy Ma ES on mT ob ot DS ry es 6 2 4 by 3 oO" moo B 8a * & SY yg hx 42 Sag eN Ss Me ay Fg te , & % Oey & m3 % od ~ 2 me 4 oD fe oa t w my Qh 42 o tr sa rm B @ om OR Cy ty 4d io 9 rt 7 my oo G 1 oy ag yy "rd Ge ney YI aan . AQ 2 oy 2 6 im MS Do mC a Gory Se 5a 'hs oe a @ og ya, Be ae @ Md % ty oy Gs BA Clete GO Oo WU x a * oy 8 & ae! 5 had ee ge eS at a "4 4 OTB ~ 8 "rf my 2 Sg G, ~ oc ae oR eS g Hg soso _2 s 0 ff Oo gy Bom 3 O ste Boe aN cc 44 4 oe AL 45 : . } wo ~ : ~ 3 in Es Ot fo goo o 6 OB 4 Ae ge OE ey | my _ § 8 oh, ¢ * By ge ap py 2 45 mor GB 405 ¥. ha : , Ss 8) iy 33 m ty @ 4d ay Dey bs wy ay Ot So GO 43 dsp a a a ; + 3 es OO Ww Ss GI oy 4 5 vy o 2 8 Op Do om og oy © uy hou fF eye eg AEB @ s SH 8g o Boe ™ te SH £5 8 & ofuR off og So se eg 2 os PO, 8, Or fo Sgr" gees 's nwelss $ - Ho Rok ge Tae oso wae hg 22 oe 8 o 8? a i eS gy Oo ga ga Nw eo GeO nue eVesassyses y B ao" 8 Bl gs i Sad oo aed Bo Bon & ESGRSLE SGA oy" >SuS padBs 4 $ J oo @ SGM ob, OE = 4 RE 5 q 43 x ga Ges F Dey DO ms Eo gik,, RHE SR BS @eha wg 2 2aSseyg yD Bg OB 1 mg =O G QGua RRS GNSS Pe oa Boe BRP oR ac PBS GM . yD % SC Gs € 2834 5 oT ge Go PH. 83 9 : g x go ky ye m4 AQ i i ot AS iS by 3 " 'H aoa | Sy am Co, RE G8 gk ey tho og gaa sx ft § aS os hoe ce Bo Dad gue é 7B OSG Oy ry : 5 Qo 2 a» en A Go ow mS Soe 8 BI 4 aw » Vy Bo ® Sot gs ~ GH O gu OD é G te a OF Sa me om we an 2 o@ OO Sg Cart Boom 1 oy ay fal 5 the +3 sd oy no mg "4 hy ad yO re cues ed 2 by ise nm hy & i M - : 2 cof wt Go o- he 0 2 m 43 Re ee yt a} ae eye ie COC eR eg aS ae"? ods om ORS " . .& ~ BS bo @ db 4 mf shod wy & oo 45 4 SQ be 43. *s M mye eo em o Q ie + 4 ty + % & we TH 42 ae area we m= "4 oh a § Be oO + , aa ~ dg @ GW « Gm ' ' * . mt xp m PRSEsuR Sau eS gayedess esas kesgyae Sunk ESS : PSS GRU RRS ASE E ARoad one GA Nos.210/2013, 25/2016, 497/2014, 32 §032014, 3223/2013, 349,2013, 3950/2013, $83/2013, 7198/2013 it as against the very sepirit of MACPS, and if the contention of the respondents is to be accepted, then to Financial upgradation wili be given to the ANS eé@ven after grant of third MACKS, which is mot the antention of introduction of the MACP Scheme, and the applicants are entitied to the Grade Pay of Rs.6600/- and no recovery wili be made from the applicants of the difference paid to them. The OA deserves to be allowed.!
14. The respondents moved the Honourable Supremes Court against the Judgment of the Honourable High Court of Jharkhand in S8LP 4501/2017 dt 24.03.2017 but it. was dismissed Hs it was found that there was no reasons. te intervene. Similarly the verdict of the Honourable High Court of Allahabad was upneld by the Supreme Court in SL? No .13421 of 2014 dt. 29.08.2014, ?. The Bench also noted the dismissal of SLP No. 4501/2017 vide order dated 24.03.2017 against rh the order/judgment of the Hon'ble High Court o Jharkhand and in similar terms the judgment of the Hon'ble High Court of Allahabad was upheld by the Hon'ble Apex Court Ne, 13421 /2014 dated 29.08.2014, The learnsd counsel for the applicants aiso invites our attention to the para 15 of the order/judgment dated LO.1G.2018 of the Hyderabad Bench which records as below:
SSS SSS SSS SSS SSS SSS SSSR GRAMM aaa ea newsaevenaeallua cee OA Nos. 2100/2013, P25/2016, 4977/2014, 5303/2014, 32272013 349/2013, 350/2013, 483/2013, 719/2013 2S age:
fas
15. When different divisions of the Same zone i.e. South Central Ralliway and the Agmser division of North Western Railway zone coming under the same Railway Ministry, extended the benefit nee oe MACPS to similariy placed employe like the applicants, the proper course of action for the respondents, who are a@ part and parcel of the Railways, as to extend the similar benefits as was observed by the Honourable Supreme Court in @. ¢C. Ghosh Vs. Union of India reported in 1992 (19) ATc 94 where it was held as under:
'In the dight of the command of Article i4 and 16 of the Constitution of India the same treatment is reguired to be accorded to e petitioners regardless of the fa that they are serving the astern Railway unless it is shewn that there is something distinguishing feature, for according a different treatment... ' The MACP and the pay revision have been coeval and on the recommendations of the VI Central Pay Commission. Existence of the same Grade Pay for both promotional post and the feeder grade post is mot uncommon in various grades and in various departments which the Pay Commission is conscious of. And, equally conscious has been the Pay Commission when it introduced an BA LCP Scheme the "next higher grade pay." Instead of recommending the qrade pay attached to the promotional post, the Pay Commission recommended next higher grade pay 4&6 financial upgradation. This conscsous decision would be frustrated and -ultified if due regard to the term 'next higher OA Nos.210/2013, 1252018, 497/014, 34 SO3/2014, 22/2013, 349/2013, 3590/2013, 4855/2013, FLB2015 qyrade@ pay'! is not given and the Grade Peay Of the promotional post 1s granted. In contra distinction to the eariier ACP Scheme, which afforded, the higher pay scale attached to the promotional post, . the MACP contemplates only. the next higher Grade Pay. The Grade Pay consists of Rs.i800, 1900, 2000, 2460, 4200, 4600, 4800, 5406, 6600, ete., Grant of the immediately next Rhigher Grade Pay is the financial upgradation. under the MACP Scheme. It has no nexus -with the Grade Pay attached to the promotional post. Por Example, a feeder post may carry the Grade pay of Rs.4,200 and LES promotional post may have-Rs.4,800 as the Grade Pay. When a person stagnates in he Grade Pay of Rs.4,200/~ without getting the next promotion which carries a grade pay of Rs.4,800/-, he becomes antitled for grant of financial upgradation, which would be the Grade Pay of Rs.4600/-
and not 4,800/-. This next higher grade envisaged in the MACP Scheme, is thus, independent of the grade. pay attached to the next promotional post."
8. While passing orders in the matter the iB Hyderabad Bench also held that the respondents * should treat their orders in rem only the 3 7"
guidelines in the OA are issued in order to not drive similarly placed employees for similar "
bunal and who are working in Fe;
relie fete 8S to this ofr Railway Board.
iii) NNN EEE sececnstiee OA Nos.210/2013, 12S/2016, 497/014,
88. 5038/2014, 322/2013, 349/2013, 3560/2013, 43/2013, 719/2013
9. - fhe Learned counsei for the applicants aiso affirm 3 that All these Judgments have already been imolemented and submits that he has evidence to show that the decision in the judgment of the Hon'ble High Court of Allahabad has since been
19. Further, he also relied on the judgment of the Ernakulum Bench of this Tribunal dated 11.04.2018 in OA No. 917/2014 which had duly noted been Ch that the fact that it Seevious order ha 1933 ce staved by the Hon'ble High Court of Kerala. but then goes on to record that the same cannot be reason to disagree with the decision of the Bench taken in OA No.650/2011 being under consideration order not rs Ch oO SS KX rte > ee oy rt oe @ before the Hon'ble Hig attaining finality and the same would not preclude them from adopting the same stand.
ii. 'The learned counsel for the respondents has stated that the recent orders of the Tribunel, Bench at Ernakulum had also been taken to the Hon'ble High Court and orders were awaited and < WAS would presumably be neard along with tne case OA Nos.210/2013, 1232016, 497/20 14, 36 5032014, 322/2013, SAG 2OTS, 3502015, $83/2013, 7192013 which has already been stayed. He argues that the x decision of the Bench at Hyderabad and of Jabalpur obs ali rested eventually on the original decision of the Ernakulum Bench. In particular he referred to the applicants set out in the recent order dated 12.04.2015 of the Ernakulum Bench which 'states that the varicus posts involved in the career fogression of the applicants have not bean merged ae re but only their scale have been merged ts the extent that certain posts now have the same Grace ay and therefore, the applicants were only ixation €@8 recommended by the ts 3 entitied to G x Authorised body which is the 6° ¢Ppc and the applicants were therefore entitled only to pay fixation as prescribed, Lé. He further contends that the concerned POSTS are stated to subsist and are not merged. even today and are not merged. With regard to the reliance "On the dismissal on the Hon'bie Apex Court the learned counsel for the respondents refers to the compilation of judgments submit t n Oke by him which includes the guidelines sat oyt in ar G5 ESSE EEF oe OA Nos.210/2013, 1235/2016, 497/2014, 5038/2014, 3223/2015, 349/2013, 3350/2075, 4832013, 719/2013 3 M8 m of Kumasi Ahmed and Ors. reported in 2000 {6} sce 359 dated 19.07.2000 to argue that the mere dismissal of ths SLP will not become a binding precedent and this Tribunal is required to .
consider that the original order/judgment of thi:
ft Tribunal at Ernakumum Bench has been stayed by the Hon'ble High Court of Kerala and many of the subsequent judgments of Ernakumun Bench of this Tribunal have been the subject matter of the challenge before the Hon'ble High Court of Kerala and the same are yet to be adjudicated.
x i} a7 i is. We have hea t fe 1@ learned counsels for the parties and have carefully perused the case
14. Tt is an admitted fact that the reliefs rh have been granted by order and judgments o ~ ' Tas t - 4 4, nm bRI various benches of this Tribunal and the Hon bie High Court(s} at various locations to similarsy ) TR Fact imilar in these placed persons. The facts are Similar in th 2 s, a 4 : 4 -
the logic adopted in them are in similar lso not in dispute that the judgment ps i rs if rH cr 'aad oO My 4 h a on moe et Hon'ble High Court of Bllahabad, referrea Net OA Nos.2 10/2013, 1252016, 497/205 4, 38 5303/2014, 3223/2013, 3492013, 3350/2013, 4853/2013, 7919/2013 to herein above has attained finality in as much as the same has been implemented by the respondents 1.6. other zones of the Railway. It is oO evident from the aforesaid that the judgment 0 be $83) of the Ranchi Bench of this Tribunal has attained finality in as much es the WE filed against the same as well as the SLP filed hefore the Hontble Apex Court has been dismissed.
15. We cannot ignore the fact that the judgment of the Hon'ble High Courts are binding rpon this Tribunal.
co
16. in these circumstances, these OAs. deserve to be allowed and are accordingly allowed.
17. The orders impugned in the 'respective OKs are quashed and set aside. The Tespondents are directed to grant 2" and 3 financial up-
gradation to the applicants in immediate next from the dates from which the same have become due to. the applicants along with the SONSequantial OA Nos.2 10/2013,
- 1225/2016, 497/2014, 39 S03/2014, 322/2013, 349/2013, 350/2013, 483/2013, Fi9/2013 and other adini ssible benefits flowing therefrom with interest @ 6.53 p.a. on the arrears.
is. ve is further directed that in case any recovery has been made from the applicants in view x of the impugned orders, the respondents are directed to refund the same to the respective applicants with interest at the rate of 6.5% p.a. from the date the same was recovered till payment thereof.
5he aforesaid exercise shall be completed pl igs.
by the respondents as &X peditiously as possible and in any case within iQ weeks from the date of receipt of certified copy of this arder.
20. There shall be no orders a5 oO costs.
(R. N.Si Singh) (R.Vijaykumar) Member (Judicial) a Member (Administrative) Ps + wf rd of 19 hy 0 -
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