Central Administrative Tribunal - Delhi
Shri Rishi Kant Misra vs Union Of India on 30 November, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 3825/2010 M.A. Nos. 2943/2010, 2944/2010 and 1494/2011 New Delhi, this the 30th day of November, 2011. HONBLE MRS. MEERA CHHIBBER, MEMBER (J) HONBLE SHRI SHAILENDRA PANDEY, MEMBER (A) Shri Shyam Singh s/o Late Shri R.D.Singh Ratore F-3251 Rajaji Puram Lucknow Retd. Sr. Loco Inspector, SLI/NER DSL Lobby, Lucknow. Shri Subir Kumar Chatterjee s/o Late Shri Gurupada Chatterjee E-514, DJA Housing Plot -1A, Sector-13 Dwarka New Delhi 75. Retd. Sr. Loco Inspector, NER, Lucknow Division. Shri Hari Prasad s/o Shri Sarjoo Prasad Sharma 555-Kha, A-204 Bhola Khera Post Manas Nagar Lucknow Retd. Sr. Loco Inspector, Diesel Lobby, N.E. Railway, Lucknow. Shri B.P.Srivastava s/o Late Shri Hazari Lal 568-KH/596BA Geetapath, Alambagh (Near Raj Cable Network) Lucknow Retd. Loco Inspector, North Eastern Railway, DSL Lobby, Lucknow. Shri Bindeshwari Prasad Yadav s/o Shri Chulhai Yadav 124, Kanhaiya Kunj Vihar Krishna Nagar, Kanpur Rd., PO Manas Nagar Lucknow 226 023. Retd. Loco Inspector, Mailani, NER, Lucknow. Shri Jogendra Singh s/o Late Shri Darshan Singh 559K/206, Bahadur Khera Sujan Nagar Alambagh Lucknow. Retd. Sr. Loco Inspector, NER Diesel Lobby, Lucknow. Shri Badri Prasad Verma s/o Late Shri R.S.Verma 43, Anandlok Colony Chinhat Lucknow. Retd. Sr. Loco Inspector, NER, Lucknow. Shri Arun Kumar Mazumdar s/o Late Shri Bimal Kumar Mazumdar 84/1 Ram Gopal Vidyanti Road Lucknow. Retd. Sr. Loco Inspector, DSL Lobby, NER, CB Lucknow. Shri Madav Sharan Lal s/o Late D.P.Lall SR5 353, Gitapuri Kharagpur Main Road Gomti Nagar Extension Gomti Nagar, Lucknow. Retd. Sr. Loco Inspector, NER DSL/Lobby, Gonda. Shri Shubh Nath s/o Late Shri Durbal Prasad Sector 11/284, NER/LJN Rajaji Puram Lucknow 17. Retd. Sr. Loco Inspector, CB NER, Lucknow. Shri Raj Deo Singh s/o Late Shri Ram Pyare Singh Vrindaban Colony Road No.2, Near Walmi Complex Janipur Road Fulwari Sharif, Patna (Bihar). Retd. Sr. Loco Inspector, SLI/CB NER/LJN. Shri Suresh Chandra Srivastava s/o Late Moolchand Hafizpur, Near Durga Vidya Mandir Gola Gokaran Nath, Distt, Khiri Uttar Pradesh. Retd. Loco Inspector, NER, Mailani. Shri Laxmi Chand Manwani s/o Late Shri Govind Singh 548/P-99 Baldeo Khera Manank Nagar Lucknow 226 011 Retd. Sr. Loco Inspector, NER, Lucknow. Shri Mohatim Singh Yadav s/o Late Shri Deu Singh Yadav Village Ghauspur PO Ghauspur Distt. Ghazipur Uttar Pradesh Retd. Loco Inspector/ DSL Lobby NER, Lucknow. Shri Hari Nath Singh s/o Late Shri B.B.Singh Village & Post Konder Wazivgani, Gonda Uttar Pradesh Retd. Loco Inspector/ DSL Lobby, North Eastern Railway, Gonda. Shri Kailash Nath Pathak s/o Late Shri Ramlal Pathak MIG-62, Avas Vikas Bharat Puri Colony PO Bargaon, Distt. Gonda Gonda 271 002 Uttar Pradesh. Retd. Sr. Loco Inspector, DSL/Shed/NER Gonda. Shri Krishna Behari s/o Late Shri Kewla Pd. MIG-60, Avas Vikas Bharat Puri Colony PO Bargaon, Distt. Gonda Gonda 271 002 Uttar Pradesh. Retd. Sr. Loco Inspector, DSL/Shed/NCR, Gonda. Shri Gorkh Prasad Tripathi s/o Late Shri Madadeo Pd. Tripati Village Jamuni PO Santora Distt. Siddharth Nagar Uttar Pradesh. Retd. Loco Inspector/ DSL Lobby/NER, Gonda. Smt. Janaki Devi w/o Late Shri Bipin Bihari Prasad 554A, Eldico Colony Mdyam-2 Raj Barely Road Lucknow. Retd. Loco Inspector/ DSL Lobby, North Eastern Railway, Gonda. Shri M.M.Adhikari s/o Late Shri Murari Adhikari 247, Ram Bihar Colony Para Road, Rajiji Puram Lucknow. Retd. Sr. Loco Inspector/ DSL Lobby NER, Lucknow. Shri Sed Majid Ali s/o Late Shri Waris Ali 64, Jigar Ganj PO Gonda City Distt. Gonda Uttar Pradesh. Retd. Sr. Loco Inspector/ DSL Lobby, Mailani/NER, Gorakhpur (UP). Shri Feroz Khan s/o Late Shri Abdul Majeed Khan 54, Rajinder Nagar PO Gonda City Distt. Gonda Uttar Pradesh. Retd. Sr. Loco Inspector/ DSL Shed Gonda/NER. Shri Mabood Ahmad s/o Shri Mahmood Ahmad Khan 403, New Colony Mewatian, Dist. & PO Gonda Uttar Pradesh Retd. Loco Inspector, DSL, Mailani, NER, Lucknow. Shri Mohd. Farooque s/o Late Shri Bismillah 36, Saheb Ganj Gonda Uttar Pradesh Retd. Sr. Loco Inspector, NER, Lucknow. Shri Virendra Kumar Pathak s/o Late Shri Rampher Sahab Ganj, Badbhav Gonda Uttar Pradesh Retd. Loco Inspector/ DSL, NER, Gonda. Shri Subhash Chandra Chunni s/o Late Shri Gyan Chand Chunni B-5, Shubhashish Spring Medow Banglows Inside Sun-city, S.P.Ring Road Bhopal Area Ahmedabad 58. Retd. Sr. Loco Inspector, Gorakhpur, NER, Uttar Pradesh. Shri M.Z.Ansari s/o Late Shri Md. Shami 136, Rudderpur PO Gorakhpur Sadai Distt. Gorakhpur Gorakhpur Uttar Pradesh. Retd. Sr. Loco Inspector, HQs Office, NER Gorakhpur. Shri Rishi Kant Misra s/o Late Shri S.N.L.Misra D-244, Rajaji Puram Lucknow. Retd. Sr. Loco Inspector, DRM Office, NER, Lucknow. Applicants By Advocate: Shri G.D. Bhandari. Versus Union of India, through The Secretary Railway Boards Ministry of Railways Rail Bhawan, New Delhi. The General Manager North-Eastern Railway Gorakhpur (UP). The Divisional Railway Manager North-Eastern Railway Lucknow (UP). The Divisional Railway Manager North-Eastern Railway Izatnagar (UP). The Divisional Railway Manager North-Eastern Railway Varanasi (UP). .. Respondents By Advocate: Shri Rajinder Khatter. ORDER
By Honble Mrs. Meera Chhibber, Member (J) Applicants, numbering 28, who had retired as Sr. Loco Inspector or Loco Inspector have filed this OA seeking the following relief:-
(a) Direct the respondents to extend the benefits granted to similarly situated retired employees by virtue of a direction to respondent No.1 to extend the benefit of Railway Board Circular dated 25.11.1992 at Annexure-A.
(i) Judgment and orders passed by the Delhi High Court in W.P. No. 960/2000 decided on 22.9.2003, Union of India Vs. Kishan Lal, reaffirmed and approved by the Supreme Court on 6.7.2004, Annexure A-2.
(ii) Allahabad High Courts judgment dated 12.3.1979 in Afsar Jahan Begum Vs. Union of India which has also been reaffirmed and a seal of approval has been put by the Supreme Court on 20.7.1988.
(iii) Janadardhan Basu and Others Vs. Union of India and Others in OA No.1007 of 1993 decided on 19.5.2000.
(b) Direct the respondents to recompute the pension and other ancillary retirement benefits of the applicants after so refixing their pay by including 75% - 55% add-on element of running allowance to pre-01.01.1993 retirees and post-01.01.1993 retirees.
(c) Make payment of the resultant consequential arrears both on account of refixation of pay as also re-computation of pension and other ancillary retirement benefits from the due date to the date of actual payment with 24% p.a. compound interest.
2. Grievance of the applicants in this case is that they were paid lesser pension as element of running allowance upheld by the Honble Supreme Court to the extent of 30% was not given to them. They have placed reliance on the judgments, as mentioned in the relief clause.
3. Respondents have taken preliminary objection to the maintainability of the OA on the ground that judgment of a case cannot be extended to other persons automatically and while granting relief, the fact situation in each case has to be looked into. In the instant case, since applicants have woken up only after the decision of the Apex Court and had approached the court after a long delay, they are not entitled to the discretionary relief. They have thus prayed that the OA may be dismissed on delay itself.
4. They have further stated this very Tribunal had dismissed some cases relating to the same issue, namely, the case of R. Ananthan Vs. U.O.I. & Another (OA No. 1344/1994) who retired as Loco Inspector on 30.6.1990 and sought direction to the respondents to compute his pensionary benefits with addition of add-on element of 30% of basic pay. But the said OA was dismissed on 31.1.1996 on the ground that infirmities are not found as a result of the introduction of the scheme contained in Ministry of Railways letter dated 25.11.1992. He subsequently filed OA bearing No.1097/2002 for seeking the same relief, but that was also dismissed on 26.8.2003 on the ground that since his earlier OA was dismissed, he could not re-agitate the same issue by filing another OA. Similarly another OA bearing No.2501/1993 was filed by Yoginder Lal Sharma and Others claiming the same relief, which was also dismissed by this Tribunal vide order dated 30.1.1996. But subsequently he filed another OA bearing No.1271/2005 which was allowed by the Tribunal simply because applicant did not bring to the notice of the Tribunal that his earlier OA had been dismissed. Another OA bearing No.1286/1993 filed by Shri Shantaram Balwant Parate and Others claiming 30% add-on element for computation of pensionary benefits of Loco Running Supervisors/Loco Inspectors retired prior to 1.1.1993, was dismissed vide order dated 26.10.1999. Another OA bearing No.205/2004 was filed by Nagen Chandra Mondal, retired Chief Power Controller w.e.f. 1.12.1988 was also dismissed on 22.9.2006, therefore, the relief, as claimed by the applicants, cannot be granted to them. They have, however, stated that number of SLPs are pending before the Honble Supreme Court against the orders passed by the Tribunal or High Court including the orders passed in the case of Habib-Ur-Rehman and Others, therefore, the OA may be dismissed.
5. They have also opposed the maintainability of the OA on the ground of non-joinder of necessary parties. They have submitted, the applicants have impleaded Divisional Railway Manager, North Eastern Railway, Varanasi as a party but none of the applicants have worked or have a relation of employer and employee with Varanasi Division & Izzatnagar Division, therefore, it is liable to be dismissed on this ground also.
6. On merits they have explained what running duty means and how applicants are not entitled to the relief claimed by them.
7. We have heard both the counsel and perused the pleadings as well.
8. Admittedly, all the applicants had retired in 1994, 2007, 2008 and 2009 respectively as is evident from pages 88 and 89 but perusal of memo of parties shows that all the applicants had retired from North Eastern Railway, Lucknow, Gonda, Gorakhpur etc. and their addresses are also of Uttar Pradesh. Most of the applicants have given their address of Uttar Pradesh even after retirement excepting applicant No.2, whose residential address is shown at Dwarka. Moreover, the parties impleaded are also the General Manager, North Eastern Railway, Gorakhpur (UP), Divisional Railway Manager, North Eastern Railway, Lucknow (UP), Divisional Railway Manager, North Eastern Railway, Izatnagar (UP) and Divisional Railway Manager, North Eastern Railway, Varanasi (UP) obviously because their pension would be regulated by the respective divisions from where they had retired, therefore, their cause of action, if any, had arisen in Uttar Pradesh. In normal course, the jurisdiction would lie with the division from where they had retired. Jurisdiction of Delhi would be available if they had shown that after retirement they have settled in Delhi.
9. Respondents have impleaded Secretary, Railway Board as respondent No.1 but merely by impleading Secretary, Railway Board, it would not give jurisdiction to the Principal Bench of the Tribunal to entertain this case at New Delhi. They have not challenged any order of the Railway Board. On the contrary, applicants have sought benefit of RBE Circular No.198/1992 dated 25.11.1992 (page 51), therefore, Principal Bench would have no jurisdiction to entertain this case at New Delhi. The OA is accordingly dismissed for want of jurisdiction. However, since it is admitted case of both the parties that the issue raised herein is pending before the Honble Supreme Court, naturally if a question of law is decided on principle which may give any benefit to the applicants, it would be open to them to agitate the matter in appropriate forum at that stage.
10. With the above observations, OA stands disposed of. No order as to costs.
(Shailendra Pandey) (Mrs. Meera Chhibber) Member (A) Member (J) Rakesh