Central Administrative Tribunal - Kolkata
Abul Kalam vs Eastern Railway on 5 February, 2026
1 o.a. 350.00396.2023
CENTRAL ADMINISTRAT0VE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00396/2023 Heard on 08.01.2026
Date of order: 05.02.2026
Present : Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
Abul Kalam, Son of Late Abu Jafar, aged about
66 years, worked as Station Manager, Eastern
Railway, Fairly Place, Kolkata residing at Village -
Manikpur, Post Office - Belmuri, Police Station -
Dhanikhali, District Hooghly, Pin 712302.
...... Applicant.
- VERSUS-
1) Union of India, through the General
Manager, Eastern Railway, 17, N.S. Road, Fairly
Place, Kolkata - 700001.
2) Chief Personnel Officer, Eastern Railway, 17,
N.S. Road, Fairly Place, Kolkata 700001.
3) Chief Vigilance Officer, Eastern Railway, 17,
N.S. Road, Fairly Place, Kolkata - 700001.
4) Divisional Railway Manager, Eastern Railway,
Howrah Division, Howrah 711101.
5) Senior Divisional Personnel Officer, Eastern
Railway, Howrah Division, Howrah-711101.
....... Respondents.
For the Applicant : Mr. T.K. Biswas, Counsel
For the Respondents : Mr. B.B. Chatterjee, Counsel
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
PostalCode=711112, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71,
CN=DhanuRam Hansda
Hansda Reason: I am the author of this document
Location:
Date: 2026.02.10 15:36:17+05'30'
Foxit PDF Reader Version: 2025.1.0
2 o.a. 350.00396.2023
ORDER
Per: Mr. Anindo Majumdar, Administrative Member:
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):
"(a) An order directly the respondents to set-aside the order dated 04.01.2023 (Annexure A-11) and thereafter further directing the respondents to give the benefits of increments in the scale Rs.1600- 2660/-(RP) w.e.f. 1.1.86 as CPO/CCC'S Circulars No. 69/91, 3/92 and 95/92 which was extended to his juniors namely R. Rajsekhar and K.S. Srinivas and thereafter proper calculating the retirement benefits and pension and revised the same and further directing the respondents to release all arrears amounts with interest and cost may be imposed for unnecessary harassing purpose.
b) An Order directing the respondents to produce all relevant records which was related in this application at the time of hearing.
c) Any other Order or Orders as the Hon'ble Tribunal deems fit and proper."
2. Facts of the case:
2.1 The applicant is a retired employee of the Eastern Railway. He retired from service on 29.02.2016.
2.2 The applicant has filed this Original Application claiming fixation of his pay in the scale of pay of Rs. 1600-2660/- w.e.f. 1.1.1986 on the ground that his junior namely Shri Srinivas was granted fixation of pay in the said scale of pay w.e.f.
1.1.1986.
2.3 The applicant had earlier filed an Original Application being O.A. No. 350/00380/2022 which was disposed of by this Tribunal, order dated 10.11.2022 with the following directions:
"6. In the interest of justice, this Tribunal would deem it fit to dispose of this original application by granting liberty to the applicant to submit a comprehensive representation, if he so desires, before the competent respondent authority for redressal of his grievance.Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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3 o.a. 350.00396.2023 On receipt of it, it is open for the respondents to consider it in accordance with the extant rules and the eligibility of the applicant.
7. In view of the above, the instant O.A. stands disposed of." 2.4 Pursuant to the above directions of this Tribunal, the applicant had submitted a comprehensive representation to the respondents, vide letter dated 28.11.2022 (Annexure A-10). The Senior Divisional Personnel Officer, Eastern Railway, Howrah had passed an order dated 04.01.2023 (Annexure A-11) whereby the prayer of the applicant has been rejected. Aggrieved by the rejection of his prayer, the applicant has filed this Original Application seeking the above mentioned relief(s).
3. Heard Ld. Counsel for both the parties and considered the material on record.
4. At hearing, Ld. Counsel for the applicant submitted that the main ground taken by the respondent authority for rejecting representation of the applicant dated 28.11.2022 was that although his junior Shri K.S. Srinivas had qualified in induction test held for granting the upgraded post of Yard Master in the pay of scale of Rs. 1600-2660/- no record is available with regard to his own case and it has been presumed by them that the applicant was not found suitable for the being placed post of Yard Master in the pay scale of Rs. 1600-2660/-.
5. Ld. Counsel for the applicant further submitted that this ground advanced by the respondent authority cannot be accepted since the record of his said induction test on the basis of which Shri K.S. Srinivas was granted higher pay of scale of Rs. 1600-2660/- w.e.f. 01.01.1986 ought to be available. Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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6. Ld. Counsel for the applicant also drew attention to the communication of Divisional Personnel Officer, Howrah addressed to Senior DOS, Howrah dated 20th December, 1988 (Annexure A-4) wherein it has been stated that he, along with Shri K.S. Srinivas have been found to suitable for induction in the pay of scale of Rs. 1600-2660/-.
7. At hearing, Ld. Counsel for the respondents submitted that the applicant was appointed in the Eastern Railway as Traffic Apprentice on 28.07.1983 and after completion of training, he was posted at Assistant Yard Master under SS, Howrah, vide Office order dated 16.10.1986. He further submitted that the applicant was promoted as Yard Master in the scale of Rs. 1600-2660/- on 24.08.1988.
8. Ld. Counsel for the respondents further submitted that the applicant was not found to be suitable for appointment to the post of Yard Master in the scale of Pay of Rs. 1600-2660/- alongwith his junior Shri Sriniwas who was accordingly promoted w.e.f. 01.01.1986. He further submitted that those candidates who did not qualify in the induction test for the upgraded post of Yard Master in the scale of pay of Rs. 1600-2660/-, were appointed in the scale of Rs. 1400-2300/-.
9. Ld. Counsel for the respondents further submitted that pursuant the order of this Tribunal dated 10.11.2022 in O.A. No. 350/00380/2022, the applicant had made a comprehensive representation to the respondents and that the respondents have passed a detailed reasoned and speaking order dated 04.01.2023 whereby the prayer of the applicant was rejected. Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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5 o.a. 350.00396.2023 Findings
10. The speaking order passed by the Senior Divisional Personnel Officer, Eastern Railway, Howrah dated 04.01.2023 whereby the representation of the applicant dated 28.11.2022 was rejected, is reproduced below:
" SPEAKING ORDER
No:-EAT/19/Misc/TNC/CNL/SM Howrah, Dated 04.01.2023
In pursuance of the order of Hon'ble CAT/CAL dated 10.11.2022 in O.A. No 350/00380/2022 with M.A No 350/00387/2022 filed by Abul Kalam wherein Hon'ble CAT/CAL granted liberty to the applicant to submit a comprehensive representation if he so desires before the competent respondent authority for redressal of his grievance. Accordingly, the applicant has submitted a comprehensive representation dated 28.11.2022 to the undersigned highlighting his claim and grievance. I, the undersigned being the respondent No-4 have carefully examined the representation with the relevant Railway Rules and available Railway records and observe as follows:
The applicant was appointed in the Railway as Traffic Apprentice on 28.07.1983. After completion of training, he was posted as Asstt. Yard Master under SS/Howrah in Scale Rs. 455-700/- Revised as per 4th PC Rs 1400-2300/ vide office order no- EA(T)/4/AYIM dated 16.10.1986. He took up independent duty on 05.11.1986. Subsequently he was promoted as Yard Master in scale Rs. 1600-2660/-on 24.08.1988. He was retired from Railway service on 29.02.2016.
In terms of CPO/CCC's SI No 95/92, his pay was re-fixed counting the period of training towards w.e.f. 01.01.1986 in scale Rs 1400-2300/- and after found sultable for the post of Yard Master in scale Rs. 1600-2660/-, he was promoted as Yard Master on 24.08.1988 vide CPO/CCC's letter No E.121/Trans/Line dated 24.08.1988 and this office order No 65/99, Docket No EA(T)/1/TA/Recruit, dated 29.04.99.
The applicant filed this O.A. claiming his fixation of pay in scale Rs.1600-2660/-w.e.f. 01.01.1986 on the plea that his Junior K S Sriniwas had been given the benefit of fixation of pay in scale Rs. 1600-2660/- w.e.f. 01.01.1986.
Sri Sriniwas had been granted pay in scale Rs. 1600-2660/- w.e.f. 01.01.1986 after qualifying in the induction test for the upgraded post of Yard Master in scale Rs. 1600- 2660/- and other disqualified candidates were absorbed in scale Rs.1400-2300/-. Whether the applicant was qualified in induction test along with Sri Srinivas for the upgraded post of Yard Master in scale Rs. 1600-2660/-, nothing is available. The applicant found suitable for the post of Yard Master in scale As. 1600-2660/- w.e.f. 24.8.88 vide CPO/CCC's authority No E.121/Trans/Line dated 24.08.1988 and his pay was fixed in scale Rs.1600-2660/- accordingly. So, it is presumed that the applicant was not found suitable for the post of Yard Master in scale Rs. 1600-2660/- along with Sri Srinivas.
Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2026.02.10 15:36:17+05'30' Foxit PDF Reader Version: 2025.1.0 6 o.a. 350.00396.2023 It is also not possible to trace out the very old records to justify the claim.
As per entry in the service record of the applicant, his pay as Yard Master in scale Rs. 1600-2660/- w.e.f. 24.08.38 has been fixed i.e; from the date he was found suitable for the post of Yard Master and taking into his training period towards increment w.e.f. 1.1.86 in scale Rs. 1400-2300/- his pay was fixed accordingly. Thus the representation of the applicant is suitably disposed off and the CAT/CAL's order is hereby complied.
Sd/-
Senior Divisional Personnel Officer Eastern Railway/Howrah"
11. The order of the Divisional Personnel Officer, Howrah dated 20th December, 1988 on which the applicant has placed reliance is also reproduced below:
" Eastern Railway
NO:EA(T)/1/TA/Recruit. HWH, dt, the 20th December '88.
Sr.DOS/WH,
SS/HWH
CYM/HG & SYAE, Coaching/HWH
Sub:- Induction in the higher grade post in scale Rs. 1600-2660/-(RP) in the Traffic Apprentices absorbed as AYM/ASM in scale Rs.1400-2300/-(RP) and those undergoing training.
The allowing candidates of Howrah division who have appeared in the oral test held at Head Office on 16.5.88,17.5.88, 17.5.68 18.5.88 and 27.6.88 have been found suitable for their induction in the scale Rs.1600-2660/-(RP) in accordance with the orders of the competent authority (G.M). (Authority, CPO/CCC's letter No.E.121/Trans/Line dt, 24.8.88.)
1. Sri Prabir Kr, Bhomic AYM/TI (CTE) /HWH
2. ,, Suprabhat Bagh AYM (LA) /HWH
3. ,, Kanak kr, Mukhopadhyay AYM/ (SCNL) / HWH
4. ,, Pranab kr, Chattopadhyay AYM/ HG
5. ,, Rabin Kr, Chatterjee AYM/ HWH Goods
6. ,, Utpal Sarkar AYM (Coaching) /HWH
7. ,, Abul Kalam AYAM/ SS/ HWH
8. ,, K.S. Srinivas -do- -do-
9. ,, R. Rajsekhar -do- -do-
10. ,, N.C. Panchaial Under going & Training.
11. ,, S. Sisku (ST) -do-
12. ,, Subrata Sarkar -do-
13. ,, Alok Kr, Sarkar -do-
14. ,, Sauren Halder -do-
Sd/-
Divl. Personnel Officer/Howrah."Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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12. On a plain reading of the order of the Senior Divisional Personnel Officer, Eastern Railway dated 04.01.2023 (supra) it is apparent that consequent upon qualifying in the induction test, Shri K.S. Srinivas who is junior to the applicant, was granted the pay scale of Rs. 1600-2660/- w.e.f. 01.01.1986 whereas the applicant was placed in the lower pay scale of Rs. 1400-2300/- and was only subsequently promoted to the pay scale of Rs. 1660-2660/- w.e.f. 24.8.88. In the said letter, the respondents have apparently taken the ground that since no record is available with regard to the applicant it cannot be ascertained as to whether the applicant had also qualified the induction test along with Shri K.S. Srinivas. However, from a plain reading of the communication of Divisional Personnel Officer, Howrah dated 20th December, 1988, it appears that both the applicant and Sri K.S. Srinivas were found to be suitable for induction in the scale of Rs. 1600-2660/- pursuant to their having qualified in the induction test held on various dates in the year 1988 and were therefore found suitable for being placed in the scale of pay of Rs. 1600-2660/-.
13. The order dated 04.01.2023 and the order dated 20th December, 1988 therefore appear to be contradictory to each other. Further, the argument advanced by the respondents that no records are available with them from which it can be ascertained as to whether or not the applicant had qualified in the induction test along with Shri K.S. Srinivas cannot be accepted.
14. In view of the above discussion, we quash and set aside the impugned order dated 04.01.2023 and remit the matter back to the competent respondent authority with direction to re-examine the prayer of the applicant after verifying Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2026.02.10 15:36:17+05'30' Foxit PDF Reader Version: 2025.1.0 8 o.a. 350.00396.2023 the original records. In case the records are not available after proper search, they may be reconstructed in accordance with the established procedure. We further direct the competent respondent authority to grant a personal hearing to the applicant during which he may be asked to produce any record in support of his prayer. The applicant is also directed to cooperate with the respondent authority and to produce the relevant documents as are available with him.
15. We further direct that the above exercise be completed with within a period of 06 weeks from the date of receipt of a certified copy of this order and that upon completion of the same, the Senior Divisional Personnel Officer, Eastern Railway, Howrah or any other competent respondent authority will pass a fresh reasoned and speaking order under intimation to the applicant.
16. With the aforesaid directions, the O.A. is disposed of without any order as to cost.
(Diwakar Singh) (Anindo Majumdar)
Judicial Member Administrative Member
Drh
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2026.02.10 15:36:17+05'30' Foxit PDF Reader Version: 2025.1.0