Central Administrative Tribunal - Kolkata
Madhusudan Mukhopadhyay vs Eastern Railway on 19 September, 2024
1 o.a. 350.00482.2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00482/2024 Heard on: 05.09.2024
Date of order: 19.09.2024
Present : Hon'ble Mr. AnindoMajumdar, Administrative Member
Madhusudan Mukhopadhyay, Ex Console
Operator cum Instructor under General
Manager, Eastern Railway, 17, Fairlie Place,
Kolkata - 700001 and residing at Burir Bagan,
Post Office and Police Station - Burdwan, Dist
Purba Bardhaman, Pin 713101, West Bengal.
....... Applicant.
- VERSUS-
1. UNION OF INDIA service through the General
Manager, Eastern Railway, having his office at 17,
Fairlie Place, Kolkata - 700001.
2. Principal Chief Personnel Officer, Eastern
Railway having office at 17, Fairlie Place, Kolkata -
700001.
3. The GM (Vigilance) cum Senior Deputy General
Manger having office at 17, Fairlie Place, Kolkata -
700001.
4. Director Vigilance (Intelligence) Railway Board,
Rail Bhawan, New Delhi -110001.
5. The Principal, Zonal Railway Training Institute,
Bhuli, Dhanbad, Pin - 828104.
.... Respondents.
For the Applicant : In Person
For the Respondents : Ms. J.D. Chakraborty, Counsel
2 o.a. 350.00482.2024
ORDER
This matter pertains to grant of training allowance. In accordance with the order of the Hon'ble Chairman, Principal Bench, CAT dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.
2. The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"8.1 To give effect to the order of the Hon'ble CAT there by clarifying the remedies granted to the applicant which has been consciously bypassed due to lack of direction.
8.2 To direct the respondents 2 and 5 to disburse the entire Training Allowance for the period July 2014 to January 2017 along with @ 6% interest to till date and the interest against recovery amount @ 6% per annum from 2014 to till date except 2022 to 2023 which has been paid.
8.3 To direct the respondents 2 and 5 to disburse the wrongly deducted Training Allowance since 1992 to 1993 along with interest when the applicant was not paid the said amount and the application was working as Console Operator not Computer Instructor/Instructor (Computer).
8.4 Show cause.
8.5 Cost.
8.6 Any further order or orders, direction or directions as the Hon'ble Tribunal may deem fit and proper for the ends of justice."
3. The applicant was a Console Operator who was deployed to perform of duties of an instructor at the Multi Disciplinary Zonal Railway Training Institute (MDZRTI), Bhuli, Dhanbad, Eastern Railway. He was initially granted training allowance at the rate of 15% of the basic pay since he performed the duties of Instructor from the year 1993 till he was transferred from the institute. However, the said training allowance was subsequently withdrawn and the amount paid to him as training allowance was recovered from him. Aggrieved by the same he had moved an Original Application being O.A. No. 350/01214/2020 which was 3 o.a. 350.00482.2024 disposed of vide order dated 30.09.2022 by this Tribunal. The operative portion of the said order dated 30.09.2022 is reproduced below:
"14. In the aforesaid backdrop, having discerned that the applicant held the post of Console Operator a single cadre post, but was drafted to perform the Job of Training at ZRTI Bhuli as an Instructor not on regular basis, it is held that training allowance was rightly given to him from 1993 till his transfer and hence the Railways shall refund the entire recovered amount not only because of the Board's provision but also due to the precedents enumerated above, within 2 months with interest @ 6% p.a. No costs."
4. This aforesaid order was thereafter challenged by the respondents in WPCT No. 13/2023 in the High Court at Calcutta but the said WPCT was dismissed by the Hon'ble High Court, vide order dated 24.08.2023. Thereafter, the respondents authorities refunded a sum of Rs. 4,24,314/- which had been recovered from the applicant with interest amounting to Rs. 23,785/-.
5. The applicant, thereafter filed CPC No. 12 of 2023 before this Tribunal against the non-compliance of the order of this Tribunal dated 30.09.2022 in O.A. No. 1234 of 2020 in the true sense. The said CPC was, however, dismissed by this Tribunal vide order dated 23.02.2024. The operative part of the said order is reproduced below:
"We are satisfied that sufficient compliance has been made by the respondents in respect to the direction of this Tribunal. However, the grievance of the applicant that he has not been paid training allowance for the year 2014-2017 along with the interest is concerned, it is not the case that the said amount was paid and recovered, the same is a separate cause. It is open for the applicant to take appropriate legal recourses to claim such amount, if not paid to him.
In view of the above, CP no. 350/12/2023 stands dropped."
6. The applicant, has in the instant Original application, contended that in partial compliance with the orders of this Tribunal dated 30.09.2020, in O.A. No. 1234 of 2020, he had been paid training allowance for the period of 15th February 4 o.a. 350.00482.2024 1993 to June 2014 but that he had not been paid training allowance for the period July 2014 to January 2017.
7. Heard the Ld. Counsels for both the sides and considered the material on record.
8. At hearing, Ld. Counsel for the applicant placed a copy of an order of this Tribunal in O.A. No. 350/00407/2024 dated 01.04.2024.
9. It is seen that this Tribunal, vide order dated 30.09.2022 in O.A. 350/01234/2020 has already held that that the applicant, having being drafted to perform the job of instructor at MDZRTI, Bhuli was entitled to training allowance w.e.f. 15.02.1993 till his transfer from the said institute. Hence, the issue of whether or not the applicant is entitled to training allowance for the period when he had performed the duty of instructor at MDZRTI, has already been decided by this Tribunal, vide it's order dated 30.09.2022 in O.A. 01234 of 2020. The amount which was paid to the applicant from 1993 to 2014 and which had subsequently recovered from him has already been refunded to him. However, training allowance for the period July 2014 to date of transfer from the institute has yet to be disbursed to him. The applicant was transferred from MDZRTI on 5th January, 2017. During hearing, Ld. Counsel for the applicant has relied on the judgement order of this Tribunal in O.A. 407 of 2024 dated 01.04.2024 wherein the prayer of one Shri Sibasis Sen who was working in MDZRTI for training allowance was allowed.
10. In view of the above discussion, I am of the opinion that the applicant is entitled to be paid training allowance for the period from 1st July 2014 to 5th January, 2017. The Competent Respondent Authority is therefore directed to pay 5 o.a. 350.00482.2024 the training allowance at the admissible rate to the applicant for the period 1st July, 2014 to 5th January, 2017 along with interest thereon at the rate 6% per anum within a period of 02 (Two) months from the date of receipt of a certified copy of this order.
11. With the aforesaid directions, this Original Application is accordingly disposed of. There will be no order as to costs.
(Anindo Majumdar) Administrative Member Drh