Central Administrative Tribunal - Delhi
Umesh Narin vs M/O Railways on 20 November, 2025
1 OA No.2426/2016
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.2426/2016
This the 20th day of November, 2025
Hon'ble Dr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Rajveer Singh Verma, Member (J)
Umesh Narain
aged 61 years
Son of Shri Kailash Chand,
Rtd.Vehicle Driver Grade I,
In Group 'C' from Diesel Shed, Ludhiana,
Firozpur Division, Northern Railway,
Resident of House No.4817, Ram Gali,
Laddooghati, Paharganj,
New Delhi-110055.
....Applicant
(By Advocate: Mr. M.S.Saini)
Versus
1. Union of India through
The General Manager,
Northern Railway,
Baroda House, New Delhi-1.
2. The Divisional Railway Manager,
Northern Railway, Firozpur (Punjab).
... Respondents
(By Advocate: Ms. Reena Singh)
Sunita
Digitally signed by Sunita Dutt
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65=
1f757d2a40f14493a01379dd12b26c68, Phone=
f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1e
d688256e5ff8c529bbda4, PostalCode=110089, S=
Delhi, SERIALNUMBER=
2bdd79be8aca23c53c876d55428617a4c8cc90ccfe
14b22f74ffb78936ff8f7b, CN=Sunita Dutt
Dutt
Reason: your signing reason here
Location: your signing location here
Date: 2025.12.18 16:43:30+05'30'
Foxit PDF Reader Version: 2023.2.0
2 OA No.2426/2016
ORDER (ORAL)
By Dr. Chhabilendra Roul, Member (A) The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
"8.1 to allow the OA and direct the respondents to place complete service record of the petitioner and treating his date of promotion to the post of Vehicle Driver Grade II Rs.1200-1800/4000-6000 at par with his Junior Counterpart Mr. Tara Chand as 16.06.2000, grant all other benefits of Promotion to the post of Vehicle Driver Grade I GP Rs.2800/- w.e.f. 14.08.2006 and Master Craftsman (MCM) w.e.f. 01.11.2013 under Restructuring of Cadre, Nov. 2013 at par with him and release of revised pensionary benefits accordingly w.e.f. 01.08.2015 with arrears interest @18% p.a. yearly compounded; and 8.2 to pass any other or further order or direction which the Hon'ble Tribunal deem fit and proper may also be granted to the petitioner with the exemplary cost to the tune of Rs.50,000/- beside expenses incurred in the present litigation, there being gross violation statutory rules and harassment of the petitioner upto maximum extent."
2. Factual Matrix 2.1 The present applicant was initially appointed as Diesel Cleaner/Mechanic in Diesel Shed Ludhiana of Firozpur Division of Northern Railways on 5.2.1980, by way of direct recruitment. He was promoted as Fitter Grade III on 16.2.1966. As per the claim of the applicant, which is admitted by the respondents, his cadre was changed to Vehicle Driver Grade III on 7.2.1989 and he was granted bottom of the seniority among such drivers. He was granted Sunita Digitally signed by Sunita Dutt DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1e d688256e5ff8c529bbda4, PostalCode=110089, S= Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe 14b22f74ffb78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.18 16:43:30+05'30' Foxit PDF Reader Version: 2023.2.0 3 OA No.2426/2016 2nd MACP on 1.09.2008 and 3rd MACP on 5.2.2010. The applicant was granted further promotion as Driver Grade-II on 5.2.2013 and as Driver Grade-I on 5.2.2015. The applicant retired from the service of the respondents on 31.7.2015. 2.2 The applicant, finding that one alleged junior to him in service, namely, Tara Chand getting more salary than him, submitted a representation on 04.1.2013., followed by another representation on 27.9.2013, and sent a legal notice on 24.9.2014 and after his retirement submitted another representation on 29.07.2015. After the respondents did not reply to his last representation, he has filed the present OA seeking the aforementioned relief.
3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed her rejoinder.
4. Submission by the learned counsel for the applicant 4.1 The learned counsel for the applicant states that the applicant had joined in the service on 5.2.1980 whereas Tara Chand joined service with the respondents on 1.4.1981, and hence he was junior to the applicant from the very beginning in cadre of Diesel Cleaner in Firozpur Division. Subsequently, the applicant was promoted as Grade -III driver on 7.2.1986, where as Tara Chand was promoted to the said cadre on 30.9.1997. Thereafter, the respondents granted Sunita Digitally signed by Sunita Dutt DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1e d688256e5ff8c529bbda4, PostalCode=110089, S= Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe 14b22f74ffb78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.18 16:43:30+05'30' Foxit PDF Reader Version: 2023.2.0 4 OA No.2426/2016 higher pay scale and pay to the Tara Chand, a junior to the present applicant. The applicant is agitating repeatedly since 2013, but the respondents had not granted the pay in parity with his junior Sh. Tara Chand.
5. Submission by learned counsel for the Respondents 5.1 The learned counsel for the respondents states that the applicant has concealed the facts of the case, rather he has distorted the facts. The applicant and Tara Chand were initially appointed to two different sub-divisions of the Firozpur Division prior to the merger of the Driver cadres to one unifying cadre under the same Railway Division. The applicant was originally appointed in Ludhiana Sub-division and Tara Chand was originally appointed in Firozpur Sub- division. Both of the drivers as well as similarly placed persons in respective sub-divisions got their promotions and ACP prior to the merger of the cadre in 2013. The applicant was promoted as Driver Grade-II on 5.2.2010, after getting two MACP benefits, whereas Tara Chand had already promoted as Driver Grade-II on 16.6.2000, and Grade-I on 14.8.2006. Hence, prior to merger of the cadres of drivers in Firozpur sub-division and in Ludhiana sub-division in 2013, Tara Chand had got two promotions in Ludhiana Sub- division. Accordingly, Tara Chand got higher pay since 2000 because of promotions and subsequently he was promoted as Sunita Digitally signed by Sunita Dutt DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1e d688256e5ff8c529bbda4, PostalCode=110089, S= Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe 14b22f74ffb78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.18 16:43:30+05'30' Foxit PDF Reader Version: 2023.2.0 5 OA No.2426/2016 MCM Driver on 30.4.2015 and he retired from service on 31.3.2022. Hence, there is no legal claim by the applicant for parity with Tara Chand as the latter had marched ahead in service with promotions before the merger of the cadres to a single one.
6. Analysis 6.1 It is not refuted by the learned counsel for the applicant that the applicant and Tara Chand originally belonged to two separate sub-divisions with respective heads of organisations competent to grant promotions and ACPs as the case may be till the merger of cadre of drivers to a single cadre in 2013 with protection of pay scales and promotions already earned by the employees belonging to such sub-divisions. After the merger, the seniority of the Drivers in various grades were fixed, the higher grade drivers were assigned seniority over the lower grade drivers. In other words, Drivers Grade -I were shown senior to Drivers in Grade-II and so on. Hence, the applicant had remained junior to Tara Chand from the day the cadres were unified. The applicant has not challenged the seniority list, if he was adversely affected by such seniority list. Once, the seniority list issued by the respondents (Annexure- A13) was final, the averment of parity with alleged junior falls flat. In other words, the junior is actually senior to the present applicant.
Sunita Digitally signed by Sunita Dutt DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1e d688256e5ff8c529bbda4, PostalCode=110089, S= Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe 14b22f74ffb78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.18 16:43:30+05'30' Foxit PDF Reader Version: 2023.2.0 6 OA No.2426/2016
7. Conclusion 7.1 In view of the above, the present OA lacks merit and hence, it is dismissed.
7.2 No order as to costs.
8. Pending MAs, if any, stand disposed of.
(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)
'SD'
Sunita
Digitally signed by Sunita Dutt
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1e d688256e5ff8c529bbda4, PostalCode=110089, S= Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe 14b22f74ffb78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.18 16:43:30+05'30' Foxit PDF Reader Version: 2023.2.0