Central Administrative Tribunal - Mumbai
Deepak Kumar Upadhyay vs M/O Railways on 5 February, 2020
P25/2016, 497/2014,
j 303/201 4, $22/2013,
349/2013, 9350/2013,
A83/2013, 7192613
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION Nos.210/2013, 125/2016, 497/2014,
5303/2014. 322/2013, 349/2013, 3580/2013, $83/2013 and 719/2013
Dated this Wednesday, the 05th day of February, 2020
CORAM: R.VITAYRUMAR, 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 -as Mail Guard (Retired) with Central Railway, Sr.
Station Manager, CST, Mumbai 400 004, and Residing at MS-RB-HII346. Rly.
Quarter, G.T.B. Nagar, Mumbai 400022.
2. Daevanand Sharma, son of Tarachand Sharma, age 60 years, (Date of Birth:
09.77.7952}, worxed as: Mail Guard (Retired) with Central Railway, Sr Station
Manager, CST, Mumbai 400 001. and Residing at Rockies-f, Bldg No.D-9, Flat
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) with Central Railway, and Residing at : A2-701, Sal Paradise,
Barave Road, Kamdar Pada, CIRC! Kalyan G4), District Thane- Pin Code
421301.
4, Amar Singh Rana, son of Shri Ubha Singh Rana, Age 59 years, (Date of
Birth: 02.09.1953} working as: Mall Guard with Central Railway, and Residing
at: A3-704, Om Shankeshwar Darshan, Near Kala Taleb, Kalyan (VV), District
Thane- Pin Gade 421 301.
5. BA. Ghule, son of Shr AS. Ghule, Age years, (Date of Birth: 17.05.7857)
worked as: Mall Guard with Central Railway, Cfo Sr Station Manager, CST, --
Mumbai 400 001, and Residing at: MS-RB-HIS/41. Rly. Quarter, G-T.B.
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 ab 13, Sameer Apariment, Near Durga Maaia'
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-HVi3/5. C. Railway
Colony, G-T.B. Nagar, Sion (East), Mumbai 400 022.
OA Nos.210/2013,. °°
OA Noas.210/2013,
1253/2016, 4497/2014,
SO3/2014, 3922/2013,
3498/2013, 3350/2013,
4835/2013, 719/2013
fo
8. Rajendragir Shamgir Goswami, son of Shamgir Goswami, Age 59 years,
(Date of Birth: 01.06.1954) worked as: Mail Guard with Cantrat Railway, C/o Sr.
Station Manager, CST, Mumbai 400 001, and Residing at RB-IV8/2. C_Rallway
Galony, G.T.B. Nagar, Sion (East), Mumbai 400 022.
8, Mr S.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.
10. MULAYAM SINGH son of SHRI RAM PRASAD, Age 57 years, (Date of
Birth: 08.09.1955) worked as: Mail Guard with Central Railway, 64 Sr. Station
Manager, CST, Mumbai 400 001, and Residing at : G-IN, Murbad Read, Kalyan
(West), Railway Quarter, Districh Thane (Maharashtra) 421 301.
V1. Charnpakbhal 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. Murnbal 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
400008.
ABV. B. KHARAT, san of Bramhadeo Dasharath Kharat, Age 58 years, (Date
of Birth: 21.03.1955) warked/working as: Mail Guard Central.
Office of Sr. Station Manager, Main Line, CST, Mumbai 400 001, and Residing
at :398/4532, SA. Tagor Nagar, Vikhroli (East), Mumbai 400083.
_ Gentral Railway,
14. Laxminarayan Yadav, son of Late Sujan Singh Yadav, Age 53 years, (Date
of Birth: 20.12.3959) worked/working 'as Mail Guard, with Central Railway, C/o
Sr. Station Manager, CST, Mumbal 400-001, and Residing at : LN. Yadav, -
Room No.103, 1st Floar, Shiv Sai Building, Saint Namdeo Path, Near D.N.S.
Bank, Dombivil (East), Dist. Thane 421 204,
15.PAQDAM 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.
16. THANNIMALAYIL CHACKO VARGHESE, son of Thannimalay!! Ulahannan
Chacko, Age years, (Date of 19,12.1960) worked/working Mall/Exp Guard, with
Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 001, and Residing
at : Flat No.208, The Ankoor C.H.S., Rambaug Lane No.2. Bhujbal Wadi,
Kalyan (West), District- Thane 421 301.
OA Nos.2 10/2015,
(25/2016, 497/2014,
5303/2014, 32272015,
349/2013, 350/2013,
4853/2013, 7192013
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-MIH 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), 404
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: 0.4/901,
Kailash, Lok Dhara, Kalyan (East), District Thane : 421 308.
20. ANIL KUMAR GUPTA, san of Late Krishna Ram, Age 47 years, (Date of
Birth: 01.07.1965) warked/working as: Mail Guard, with Ceniral 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) warked/warking 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 - 401.105.
22. VIVEK RANJAN SAHAIL son of Virendra Sahai, Age 4/ years, (Date of
Birth: 36.10.1968) worked/working as: Guard "A" Sub. with Central Railway;
Cfo Sr Station Manager, CST(Sub), Mumba! 400 001, and Residing at 204,
Kalpataru Apartment, Opp. Roshan Petrol Pump, Murbad Road, Kalyan (West),
District - Thane: 424 301.
23. SANJAY KUMAR PRASAD, son of Late Surya Shekhar Prasad, Age 46
years, (Date of Birth: 15..117.4968) worked/working as: Mail Guard, with
Central Railway, C/o Sr Station Manager, CST, Mumbai 400 004, and Residing
at. €-8/29, NILE-IH, Godrel Hil, Barve Road, Kalyan (West), District Thane,
State of Maharashtra, Pin Gade 427 301.
24. DAYAL CHAND, son of Late Sita Ram, Age years, (Date Birth: 26.05.1964)
worked/working as: Mail Guard, with Central Railway, G/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 421 301.
25. AJAYKUMAR RAMCHANDRA JAGDALE, son of Rameohandra 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 Chawl, Swadeshi Mulls Road, Sion-
Ghunabhatti (East}, Mumbai 400 O22.
26, PREM KUMAR SHUKLA, son of Mr Ganesh Prasad Shukla, Age 48 years,
OA Nos 2102013,
1235/2016, 4497/2014,
4 3563/2014, 3223/2013,
3492073, 3590/2013,
$83/2083, 7193013
(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. 03.1966) workedAvorking as: Mail. Guard,..with
Central Railway, C/o Sr Station Manager, CST-Main Line, Murmbai 400001,
and Reset at: Room No.8, Chawi no. 4, Datta ey Behind Pote
Gade 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-RBU 05/15,
New Raiway Quarters, Road No.7, -Vidyavihar Ghatkopar (East), Mumbai 400
OFF.
31. BALJINDER SINGH, son of Himmat Singh, Age 56 years' (Date of Birth:
44.08.1937) worked/working :as Mailfexp. Guard, with Central Railway,
Cio Sr Station Manager, CST (Main Line), Mumbai 400 001, and Residing at :
78/ RBAIVG.T.B. NAGAR, Koliwada, Mumbai 400 022.
32. LAL HAMANT, san of KISHAN. Age 56 years, (Date of Birth: 28.01.7957}
workediworking as: Mai/Express Guard, with Central Railway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Residing at : Plot No.1i/12. Vijay
Enclave, Vilay Paradise Society, Gokhivare, Vasai {East}, District Thane.
~ Applicants.
Versus
4. 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 0014.
OA Nos.210/2013,
1235/2016, 497/2014,
5303/2014, 322/201,
349/2013, 5350/2015,
4853/2013, FI9/2013
4. The Divisional Railway Manager (ORM) DRM's Office, Central Raliway,
CSTM, Mumbai 406 004,
~ Respondents.
OA No. 1238/2016
4, SANJAY DHARMADHIKARI, {son of PURUSHOTTAM DHARMADHIKARS,
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 Af, 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: 53 years), working as : Senior Passenger Guard ("C"
Post}, under Area Manager, Western Railway, Churchgate, Headquarters
Office, Murnbal 400020, and residing af 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/803, JANK! Avenue Co.operative Housing
Society, Aazad Nagar, Bhayander (East), District Thane, State Maharashtra,
Pin Cade - 4071 305.
4. CHELLAPPAN PREM ANAND, (son of J.D. CHELLAPPAN )}, Date of Birth:
05.95.1963, Age: 53 years}, working as : Senior Passenger Guard ("C" Past),
under Area' Manager, Western Railway, Churchgate, Headquarters Office,
Musnbal 400026, and residing at 13B-103, Kishor Kun} No.4, Virar (West),
Post Virar, Taluka-Vasai, District - Palghar, State Maharashtra, Pin Code --
401305,
5. PRADIP YALLATIKAR, {son of WL. YALCATIKAR), Date. of . Birth:
17.10.7961, Age: 54 years), working as : Senior Passenger Guard ("C" Post),
under Area Manager, Westem Ralhway, 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 Nain, 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, Sicn
Kolwada, Mumbai 400020, Maharashira.
OA Nos.2 10/2013,
1235/2016, 497/2014,
6 S03/2014, 322/2013,
349/2013, 3506/2013,
§83/2015, 7192013
7. BRAJESH GOSWAMI, (son of Shri Jag Jivanial Goswami), Date of Birth:
21.04.1965, Aga: 51 years), working as : Senior Passenger Guard ("C" Past},
under Area Manager, Wester Railway, Churchgate, Headquarters Office,
Mumbai 400020, and resitiing at: C-102, ist Floor, 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 Binh:
07.03.1974, Age: 45 years), working as : Senior Passenger Guard ("C" Past),
under Area Manager, Western Railway, Churchgate, Headquarters Office,
Murnbai 400020, and residing af: A-202, 2nd Floor, Krishna, Dwarka Nagar,
Kalyan (East), Santosh Nagar, Tisgaon, District-Thane, State Maharashtra, Pin
Code- 4271 308.
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 Of cer, Western ey Ghurengate, pene | Office,
rege iene oe ee DeLisi TLDS SUSE U USTED STS 8 DDT IT oh ieeminechnniahie
Mira Road, District-Thane, State Maharashtra. Pin Code 401 107. .
10. BRAJ PRASAD Minnis {son of Shei ie Se vere Bate af
'Mumbai 400020, aia te at A303, 3rd Floor Synd cate Bank Staff,
Anand CHS, Rawal Pada, Dahisar, Mumbai Pin Code 400088,
11, NASEEM AHMED (son of Mohammed Hanif}, Date of Birth: 25.05.1960,
Age: 56 seer e ns ng as Senior foie Guard we Post), under Ares
No.148, bare. "oests Mumbai 400050, State Maharashtra
12. MAHESH SHARADCHANDRA V. REKH! (son of SHARADCHANDRA
REKH}, Date of Birth: 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.0-208, 2nd Floor, Royal Park-tll, Ramedi Road, Vasal, Taluka Vasai,
District - Palghar, State Maharashtra
13. SAYED ASIF ALI, (son of SAYED ASGAR ALI}, Date of Birth: 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 Panna Building, Nallasopara
(West), Taluka Vasal, District -Paighar, State Maharashtra, Pin Cade - 401208.
OA Nos.210/2013,
1252016, 97/2014,
503/2014, 322/2013,
3459/2013, poner
$83/2613, 7119/2013
14. SANJAY NANDRISHORE GUPTA, (son of NANDRISHORE 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.0Z, Borivall (West), SAP. Road, Mumbai -~ 400092.
15. SHNVAJ! 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 ab 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, Reilway Board. Rail Bhavan
New Dethi 110.041.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai
406 001.
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. 497/2014
{, 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
Raihway, Mumbai 400020, and residing af Riddhi, B- 07/102, Vasant Nagari-tl,
Vasal (East), District-Thane, State of Maharashtra, Pin Code No. 401 208.
2. Surya Prakash Khare, son of Shri 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 207/A,
Sanskrith Apariment, New Link Road, Near UCO Bank, Nallasopara (East),
District- Thane, State of Maharashtra, Pin Code No.401209.
3. Rajendra Kakkar, son of Manohar 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, Westen Railway, Mumbai
400020, and residing at 1-A/S04, Gayatri Darshan CHS, Near Saraswati
School, Tulin} Road, Nallasopara {East}, District-Thane, State of Maharashtra,
Fin Code No. 401209.
OA Nos. 2210/2015,
1235/2016, 497/2014,
3 5032014, 322 /2013,
34/2073, 350/2013,
48$3/2015, 79/2013
4, Virendera Upadhyay, son of Baikrishna Upadhyay, Date of Birth 01.01.1985,
Age Senior years, working as Passenger Guard (Group °C" post), under
Station Manager, ARO, Churchgate Rallway Station, Western Rallway,
Mumbai 400020, and residing at 03/103, Rashmi Divya Complex, 100 Feet
New Link Read, Near Gagan Dream Building, Vasai (East), Post Office-
Nallasopara, District- Thane, State of Maharashtra, Pin Code No.401 209.
S. Sandeep Krishna Sawant, son of Krishna. Dulaji Sawant, Date of Birth -
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 400 682.
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.5/T/B, Opp. Bandra Railway Station, Bandra (West), Mumbai
400050.
- Applicants.
Versus
1. The Union of India, Through The Chairman, Railway Board. Rail Bhavan
New Delhi 1710 014.
2. General Manager, Western Railway, Headquarters: Office, Churchgate,
Mumbai 400020.
3. Ghief Personnel Officer, Western Railway, Headquarters Offce, Churchgate,
Mumbai AQ0020.
~ 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, ARQ, 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 400103.
2: Daulat Kumar Sharma, Date of Birth: 14.08.1968, Age 48 years, working as:
Guard (Group "C" post). under ARO, Ghurchgate Railway Station, srucges,
Mumbai Division, Mumbai 400020 and residing ab D/104, Tirupati CHS Lid.,
front-of Shriram Jewelers,Navghar Road, Bhayandar (East), District Thane,
State of Maharashtra, Pin code: 404 105.
3. Rajendra Singh Yadav, son of Late Shri Ranvir Singh Yadav, Date of Sirth
22.07.1965, Age- 49 years, working as : Senior Passenger Guard. (Group "C" .
post), under Station Superintendent, Surat Railway Station, Western Railway
7
OA Nos.210/2013,
a 125/2016, 497/2014,
9° 503/2014, 32/2013,
349/2013, 35072013,
483/2013, 719/2013
{Gujarat}, pune residing at 93/41, Happy Home Estate, Poonam Sagar, Mira
Road (District: Thane}, Maharashtra.
4. Omprakash R. Bhoware, son of Ramkrishna T. Bhoware, Date of Birth
12.02.1864, Age S50 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. Dip Kumar, son of Ramcharan, Date of Birth 07.05.1963, Age -51 years,
working as : Senior Passenger Guard (Group "CG". 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. Pachauril, son of Navalkishor Pachaurl, Date of Birth:
08.10.1985, Age - 48 years. working as : Senior Passenger Guard (Group "C"
post), 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 404209.
_/, 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, Mumbal Central, Westem Railway,
and residing at: A/301, Baria Unique, Building No.10, Tirupati Nagar, Phase- H,
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 YUN. 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 : Mai Express Guard (Group "C" post), under Station
Manager, Mumbai Central, Western Railway, and residing at: A-303, Jai
Mansarovar Building, Achole Road, Nallasopara (East), District ~ Thane,
Maharashtra State, Pin Gade -- 407209.
10. Mathuria Kamlesh 6B. son of Baburam Mathuria K., Date of Birth
26.04.1966, Age - 48 years, working as : Senior Passenger Guard (Group "C"
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, 3502013,
483/2013, 79/2013
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 atk Room
No.@04, Sitaram CHS Limited, Chakradhar Nagar, Nallasopara (West), District
Thane, Maharashtra State, Pin Code ~ 401302.
12. Ralash 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 Shr ishwar Ram Jat, Date of Birth : 16.70.7964,
Age - 50 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:
12.01.1968, Age - 48 years, working as : Mail Express Guard4Group "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 Stafe, Fin Code 407203.
45. Kishor Kumar Rajpurohit son of Sardar Singh. Rajpurohit, Date of Birth :
08.02.1965, Age - 49 years, working as Senior Passenger Guard (Group "0"
post}, 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 "CO" post}, under
- Station Superintendent, Surat Reiiway Station, Western -- Railway
(Gujarat), and residing af 15, Garibnawaz Housing Society, Palice 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 Apariment, Malar, Valsad (Guiarat State),
Fin Code 396007,
OA Nos.2 10/2013,
(25/2016, 497/2014,
503/20 14, 322/203,
349/2013, 3530/2013,
4837/2013, 7192013
18. Mithlesh Kumar Sharma: son of Rameshwar Prasad Sharma, Date of
Birth : 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 $99 001.
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,
Westem Railway (Gujarat), and residing at 62/702, Shambhu Nath Complex,
Haler Road, Valsad, State Gujarat 396 004,
20. Rabindra B. Sahu, son 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 Cade -- 407303.
21, Raghunath Ram, san of Shiv Nandan Ram, Date of Birth 07.02.1965, Age
- 49 years, working as ° Mail Guard, BCT Usroup "C" past}, under Station
Manager, Mumbai Central, Western Railway, and residing at A/102, Mausam
Apartment, Vishal Nagar, Vasal (West), Districl- 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 Falla, Halar, Vaisad (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: 18.08.1967, 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 "C" post), under Station
Manager, Coonoor Railway Station, Southern Railway, SALEM Division, and
residing at Door No.24, Railway Quarters, Coonoor Nigiri, Tamil Nadu.
OANos.210/2015,
1235/2016, 497/2014,
S03/2014, 322/2013,
3490/2013, 3530/2013,
A83/2013, 7192013
treo
he
25. Sarwar. Hussain Sheikh, son of Nizamuddin Sheikh, Date of Birth
30.03.1951, 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 Code No.404 305,
27. Balkrishna Maruti Nalawade, son of Maruti Nana Nalawade, Date of Birth:
18.06.1964, Age 50 years, working as : Senior Passenger Guard (Group "C"
post), under Station Manager, ARO, Churchgate Railway: Station, Western
Railway, Murnbal 400020, and residing at 7O/H, Railway Quarters, Tejpal
Road, Vile Parle (East), Mumbai 400057
28. Bhagubhal 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 NoA7,
Masturba Road, Near Cinemax, Kandivall West Mumbal 400067.
29. Leela Ram. Meena, of son of Rameshwar Dayal Meena, Date of Birth
01.12.1963, Age 51 years, working as ; Senior Passenger Guard" (Group "C"
posi), under Station Manager, ARO, Churchgate Railway Station, Western
Raitway, Mumbai 400020, and residing ah F-5, Vandana Sadan, "Manvel Pada
Road, District-Thane, State of Maharashtra, Pin Code No.401 305,
30. Prakash - Suresh Senet son of Suresh i Shankerae aa
Station, Western Rail way, 'Mambal 400020, 'and résiding at: 4 "Agr ipada ry
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" pest), under Station Manager, ARQ, Churchgate Railway
«Station, Western Railway, Mumbai 400020, and residing at: Mrudang, C-204,
Sector-1, Vasant Nagar, Vasal (East), District-Thana, State of Maharashtra.
Pin Code Na.407208.
32, Ommi Kapoor, son of Shri Raj Kumar Kapoor, Date of Birth ¢ 17.10.1965,
Age 48 years, working as ¢ Senior Passenger Guard (Group "C" post}, under.
Station. Superintendent, Mumbai Central, Western pune Divisional Railway
Manager Office, Railway Mumbal Central, Western Railway, Mumbai, and
OA Nos.210/2013,
cae 125/2016, 497/2014,
cB. 5093/2014, 322/2013,
5349/2013, 350/2013,
483/2013, 719/2013
residing at: Rly. Stef Quarter No.44/ 44, Kandivali (West), Opp. Sarover Hotel,
Kandivall (Vest), Mumbai 400087.
- Applicants.
Versus
1. The Union of india, Through The Chairman, 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 Offics, Churchgate,
Murnbai 400020.
4. Divisional Railway Manager (DRM) DRM's Office, Western Railway, Mumbai
Central, Mumbai 400 008.
- Respondents.
QA No.322/2013
i. Shri Mohammed Azimullah Usman Age about 48 years Working as, Sr
PassGuard, Churchgate, Mumbai Division, Western Railway, Under Area
Officer Churchgate, Western Railway, Mumbai 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,
Mumbais 400 008.
3. The Senior Divisional Personne! Officer Western Railway, Mumbai Central,
Mumbal- 400 008.
- Respondents.
OA No.349/26013
l.Aoonan James Abraham, S/o K.P. Abraham, Age 49 years, Occ. Service, Rio
{O7/A, Sai Tukaram CHS, Rambaug Lane No.4. Kalyan (West)-421301 Thane
Dist. (Mah. St.)
2. Sathinadhan K. S/o C. Paramu Nair, Age 49 years, Occ. Service, Rio 3/8,
302, Nealsankalp CHS, Plot-38, Sector-S, New Panvel, Navi Mumbal-4 10206
3. Antony Clifford Fallelro S/o Cifford Fallairo, Age 46 years, Qec. Service, Rio
OA Nos.210/2013,
1235/2016, 497/2014,
ig SQ0V2014, 5322/2013,
3495/2013, 350/2013,
483/2013, 719/2013
504, Akash Ganga, MTNL Road, Opp. Jangid Tower, Mira Road (East}-401107
Thane Dist. (Mah. St}
4, Vipin Bihart Vijay Sfo Manmohan Vijay, Age 47 years, Occ. Service, Rio B-
02, Mohan Paradise Phase-1, Wayle Nagar, Kadakpada, Kalyan (West)-
421301 Thane Dist. (Mah. St) :
®. Harnarayan Diwaker Sfo Nandial DiwakerAge 53 years, Occ. Service, Rio
B/7OS Bldg. No.3, Shankhleshwar, Presidency, Tawripada, Kalyan (West)-
421301 Thane Dist. (Mah.St}
5. Vivek Datiray Karandikar Sfo Dattatray K. Karndikar, Age 48 years, Occ.
Service, R/o 105, New Sarvoday Pooja CHS, Patharli Road, Oop. Shiv Mandir,
Dombivii East-427207 Thane Dist. (Mah. St}
7. Kalooram Meena S/o Fateh Singh Meena, Age 45 years, Occ. Services, Ria
C-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-
ohivdate ar ee Cece nome, nae Road: Near Saket
Service, Rio. B-404, Veundavar Park, Plot No.9, Secior-34, 'Kamoiher Panvel-
410209 Raighad Dist. (Mah. St}
10. Alok Chakraborty S/o Sachindranath Chakraborty, Age 46 years, Occ.
service, Rio S, Apoorva Sagar CHS, Arun Sagar Complex, Kulgaon,
Badlapur (East)-421 503
Th Ashokan KV S/o P. Balan Nair, Age 45 years, Occ. Sarvice, Rio A-G01,
Kalpataru Arcades, Sector-4, = New Panvel(E}~410206
Raigad Dist. (Mako St}
B oe Viundavan Park, Plot k No. 9, Sec. 34, Kamaothe, Pa reka 10208 Raloned
Dist. (Mah. St)
43. Ishwarchand Gupta S/o Kheobchand 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, Rio
301, A/S Shree Complex, Barawe Road, Kadakpada, Kalyan (West)-421301
Thane Dist. (Mah. St}
18. Bajrengial Meena S/o Birbalram Meena, Age 49 years, Occ. Service, Rio
$08, Chandrabhaga Tower, Near Shree Complex Chowk, Adharwacdi Jail Road,
Kaliwall, Kalyan (West)-421301 Thane Dist (Mah. SL)
OA Nos.210/2015,
1235/2016, 497/2014,
5303/2014, 3222/2013,
349/2013, 380/201,
483/2013, 7192013
(Office Address of all applicants Sr. Station Manager's Office, Mumbai CST,
Mumbai-400007 3
~ Applicants.
Versus
I. Through General Manager, CSTM, Union of India CST, central Railway,
Mumbai-1,
2} Railway Board Through the Secretary, Ministry of Railways, New Delhi-
400014
3. The Chief Personnel Officer, Central Railways, CST, Mumbai-400001.
~ Respondents.
QA No.350/2013
1. Thandiram Meena, S/o Chhaju Ram Meena, Age 44 years, Occ. Service, R/o
707, Artideep CHS, Opp. Amruf Park, Kadakpada, Kalyan (West) 421301,
Thane Dist (Mah. St)
2 Kirodial 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 A102, Wastuswapnapurti Residency, Opp. New HP Petrol Pump, Katrap,
Badiapur (East) 421503, Thane Dist. (Mah.St)
A.D Ramchandra Chumble, Sfo Ramchandra R. Chumble, Age 44 years,
Oec. Service, Rio A/103. Sunder Nagar, Agra Road, Kalyan (West) 421301
Thane Dist. (Mah. St}
5. Arun Sitaram Pat! S/o Sttaram Kundlik Pati, Arun Sitaram Pati, Age 44
years, Occ. Service, Rio 301, Sanjivani Bldg., Near Pragati College, Nandivall
Road, Dombivili (East) 421301 Thane Dist. (Mah.St}
6.Wilson. Victar Das, S/o Victor Prabhakar Das, Age 47 years, Occ. Service,
Rio UJN-3, Type Bidg.Noe.17, Room No.1, Sector 16, Vashi, Navi Mumbai
400708, Thane Dist (M8) .
7.SunilS. Rumale, Sfo Sudhakar K. Rumaie, Age 44 years, Occ. Service, Rio"
Flat No.Z6, 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 MSRBAHM19/1, Central Railway Offeers Flats, LN Road,
Matunga (East), Mumbai-4000179 (Mah.St)}
OA Nos.210/2013,
1252016, 4972014,
16 5303/2014, 3222013,
3499/2013, 3502015,
483/2013, 71Q2013
g Raiabhaiya S/o Kamel Ahmed, Age 59 years, Cec. Service, R/o 2-9, RBAL,
Berkely Place, Byculla, Mumbal-400008 (M.S.}
(0.Pravin P. Girap, Sfo Pandurang Girap, Age 49 years, occ. Service, Rio D-8,
REA, Berkely Place, Bycuflla, Mumbai-400008 (M.8_)
tL.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, Ric
8005/4, Laxmiparadise Bidg., 8th Floor, Opp. Mayor Bunglow, Kanakia Road,
Mira Road (East) 407109 (M.S)
i3.Kishore Kumar Bawaria, Sfo Jageshwar P Bawarlya, Age-44 years, Occ,
Service, R/fo 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, Mumbai-400 001,
- »Applicants.
Versus a
I. Union of India Through General Manager, CSTM, CST, Central Railway,
Mumbai-7 7
2. Rallway Board Through the Secretary, Ministry of Railways, New Delhi-
170001 - oe
3: The Chief Personnel Officer, Central Railways, CST, Mumbai-4600014
~ Respondents.
OAN0.4832013
1. Hemant £ Rathod, Age 45 years, S/o 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 Baliram 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, Sfo Late Shr Eknath Dada Bidwe,
Residing at Mangla Park, B-2/206, Barve Road, Khadkpada, Kalyan(West),
Distt Thane. Pin-421301
GA Nos.210/2013,
1253/2016, 497/201 4,
SO3/20 14, 322/2013,
349/20 13, 3500/2013,
ASHZOLS, FIGRO13
5. Nilesh R Kulkarni, Age 43 years, S/o Shri Ramakant.G.Kulkarni, Residing at
Block No.6, 3d Floor, Vinayak Smiruti, Kasar Haat Lane, Tilak chowk,
Kalyan(Wes)), 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{ Wrest),
Distt- Thane Pin-421301
7 Shailesh Kumar Rawat, Age 40 years, S/o Shri Raj Kumar, Residing at: RB-
2, 5/1, 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 O01.
3. Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumbai 400 0014.
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.0.M. BCT, Western Railway, having office at Mumbai Central,
Mumbai 400 008, and residing af: 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, workingAworked as SR. > PASSENGER GUARD,
under Sr. D.O.M. BCT. Western Railway, having office at Mumbai Central;
Mumbai 400 008, and residing ati B/102, Sai Plaza, Sector 15A, Plot No.16,
New Panvel, Navi Murmbal, Oistrict Raigad, Maharashtra State, Pin Code
$0208.
3. LEROY D'SA, son of L.G.T. D'SA, Date of Birth: 12.10.1953, Age: 6G 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, 4972014, .
is $03 2014, 322/2013,
349/203, 3530/2013,
4835/2013, 7193013
residing ak SG/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:
&¥ years, working/ worked as: SENIOR PASSENGER GUARD, under Sr.
DOM, BCT, Western Railway, having office af Mumbai central, Mumbal 400
008, and residing at New Sherinike CHS, B/16, Ashok Nagar Mulund (Vest),
Mumbai 400080.
3. JASWANT SINGH son of Sardar Balbir Singh, Date of Birth: 15.01.1980,
Age: 54 years, workingAworked 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 407107. .
6. GURMIT SINGH BAJWA, son of Shri 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, Munibai 400 008.
7: VAY PARSHURAM SALVI, son of Parshuram Vishnu Salvi, Date of Birth :
28.08.1952, Age: 61 years, workingAvarked as ¢ (RETO) SR: PASSENGER
GUARD, under St 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-HLB. Colony, Barivall (West), Mumbai
B.VIV. RAJAN, son. of VK. Velayudhan, Date of Birth: 07.03.1947, Age: 99
years, workingAvorked as: SENIOR PASSENGER GUARD. under ARO.
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,
Andheri (East), Mumbai 400093.
$8, 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 Kalash Chandra Tiwari, Date of Birth:
02.10.1956, Age: 57 years, warking/worked as: MAIL EXPRESS GUARD-
BCT, under Sr D.O.M. BCT, Western Railway, having office at Mumbai
Gentral, Mumbai 460 068, and residing af : Flat No.73/14, Building No.8,
Happy Home Estate, Poonam Sagar Complex, Mira Road (East), District :
OA Nos. 21G20T3,
: 1235/2016, 497/2014,
a Oe SO3/2014, 322/2013,
9349/2073, 350/205,
4832013, F19/2013
Thane, Pin Code - 401107005
it. PRADEEP KUMAR P. son of VASUDEAVAN, Date of Birth « 07.10.1962,
Age: 61 years, working/worked as: SR. FASSENGER GUARD, under Sr
D.O.M. BCT, Western Railway, having office af 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 Code 40206.
12. Dhirubhal Gulabbhai Patel son of Gulabbhal 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 Murnbai Central,
Mumbai 400 608, and residing ab At Post G-3, Sangath Apartment,
Mograwadi, Valsad (Gujarat) Pin Code 396 001.
13. YOGESH M. MARKWANA, son of Maganbhai N. Makwana, Date of Birth:
07.01.1987, Age: 47 years, Sr Passenger Guard, Batch Gat 4500 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 400080.
14. SHAMSUR REHMAN KHAN SURI son of MOINUR REHMAN KHAN SURI,
Date of Birth : 12.07.1952 Age: 81 years, working/worked as MAIL GUARD,
under Sr. D.0.M. BCT, Western Railway, having office at Murnbai Central,
Mumbai 400 008. 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 LIMJIBHAI RILABHAI VASAVA,
Date of Birth: 06.10.1955 Age: 58 years, working/ worked MAIL' EXPRESS
GUARD, under Station Master. Western Railway, having office at Surat,
Gujarat, 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 Sural,
Gujarat, Pin Code 494 107, and residing at: 1789/0, Railway Colony, Surat,
State of Gujarat, Fin residing at Code 494107.
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 Read, At Post ~ Nandurbar, District Nandurbar,
State of Maharashira -Pin Gode - 425 442.
18.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 Nos. 210/2015,
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, "OC" Wing, Vasant Nagri, Masai (East), District- Thane,
State of Maharashtra, Pin Coda -401 208.
18. PRABHAKAR GANPAT GAONKAR, son of Ganpat S. 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,
Mumbai 400 008, and residing at: 106-B, Sai Dham Apartment, R.R. 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, Mumbal 400 008, and residing at: At Post
Udvada {RS}, Tal- Parc, 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,
ee Senior DOPST OM ae Memorandum -- BCT, Wester Raney. having
Office - DARE District: canoe (PLP) Pin Code -176 059.
22. SHAIKH AYAZ HUSSAIN son of Mohd. Hussain, Datecof Birth: 16.04.1960.
Age: 53 years, warking/worked ag: 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, Agn Pada, Railway Calony, Mumbal-Gentral; Mumbai 400
O08.
23. PRAKASH NARAYAN MISHRA son of Shri Pushkar Narayan Mishra, Date
of Birth: 01.04.1949, Age: 65 years, working! worked as? MAIL/ EXPRESS
GUARD ee CENTRAL, under Station Superintendent, Western ae
Alaknanda CHS, Sector-2, Vasant Naat 'Vasai (Bast). 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: MAIV/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, Amroll, Surat Gujarat,
Pin Code No. 394 107,
25. NANDANOORI CHANDRA SEKHAR son of Nandanoori Ranganatham,
Date of BINh:? 28.07.1659, Age: 454 years, workingAvorked as: SR
PASSENGER GUARD, under C/o ARO. 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.216/2013,
125/2016, 497/2014,
34972013, 3350/2015,
$83/2013, 7719/2013
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:<«
ay < aan oe Bm FE ary % at 4
ShriooR. G. Walia, learmed counsel for tne
applicant in OA Nos. 2160/2013, 125/2016, 4937/2014,
5038/2014, 3282/2013, FiS/2013,
Shri Joe B'isoura, learned counsel for the
~ 3 - ---- Be re ' ¢ om " Ye fea py te
applicants in OS Nos. 349/2013, S5e/S0i3,
None for the applicant in OA Ne.483/2013.
Shri oS. .. Bhawan, learned counsel for the
om
applicant in OA No.210/2013.
Shri SS. Ravi, learned counsel for the
resoondents in OA No. t25/2018.
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respondents in OA nos.497/2014, 503/2014, 322/2012,
R49 /2023, 3250/2013, 4883/2013 and 719/013.
COMMON ORAL ORDER
Per: R..N,. SINGH, Member (3) These applications have been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the reliefs as under in OA SUS/2014, 32272015, OA Nos.2 10/2013, 1235/2016, 497/2014, 22 S03 2014, 322/203, 34972013, 3350/2013, 4835/2013, 7I92013 No.210/2013:
"a. This Hon'ble Tribunal may be pleased to call for the recards 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 Thbunal 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 benefife 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 tl the payment is made.
d.This Hon'ble Tribunal will be pleased to order-and. direct the Respondents..io immediately release the withkeld-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," CUR 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-]2- 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 Wegal, wrang 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 to the Grade Pay of Rs.4,600/- and Rs.4,.800/- towards 2nd & 3nd MACP respectively and accordingly direct the Respondents fo grant / fix OA Nos.210/2013, 1252016, 4977/2014, 5035/2014, 322/203, 34972013, 3590/2013, 483/2013, 7 19/2013 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% interest therean, c)This Hon'ble Tribunal 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 Ris.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. 4497/2014a. 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 will be pleasad 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 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 if recovered from the Applicants with 18% interest per annum fill the payment is made.
d. This Hon'ble Tribunal wil be pleased to hald and declare that the Applicants who are working as Guards are entitled 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. Gast-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. 20/2013, L2S/2016, 497/2014, a4 SOS/2014, 3522/2013, 349/2013, 3350/2015, 4$3/2013, 7192013 &. 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 Applicants are entitled to the benefits which accrued to them from the said Orders.
G: This Hon'bie Tribunal wil 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 hald 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 30 years of service respectively, e. Cost of this original Application is provided for, .
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.322/2013
"8.1 This Hon'ble. Thbunal will be pleased fo call for the-records and the Proceeding and after perusing the same, be oleased to &.2 Further be pleased to direct the Respondent No 2 & 3 to refix the pay of the Applicant in the fight 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 facis and circumstances of the case."
~Reliefs in OR No: 349/2013 fa] Quash and set the impugned Order dated 15.02.2043 and 43.12.2012 (ann. A-1 &A-1{)).
{b] 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, L23/2016, 497/2014, 3503/2014, 3223/2013, 349/2013, 3250/2013, 483/2013, 719/2013 Reliefs in 3506/2013 fa] Quash and set the impugned Order dated 15.02.2012 and 43.12.2012 {ann A-1 &A-T0)).
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*3) 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 afer going through its propriety, legality and Constitutional validity be pleased to quash and set aside the same with ail consequential benefits.
b} This Hon'bis Tribunal will be pleased to held 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 18.12.2012 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.
b. This Hon'bie Tribunal will be pleased to hold and deciare 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 their pay and pension (of Applicants who have retired).
¢. This Hon'ble Thounal 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, (25/2016, 497/2014, 26 SOS/2014, 3222/2013, 349/2013, 3502013, 483/2013, 7i9/2015 Rs. 4800/- or compistion of 30 years of service with arrears of difference of salary, pay and pension and other retiral dues with 21% Interest thereon tl actual payment.
qd. This Hon'bie 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 sarvice 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."
olicants in all.the above OAs are 3 ry as ® 3 3 rs % be similarly placed, the reliefs} ta @ Gs.
ct
0) ce i 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
3. The applicants commenced service with the tespondants as the Goods Guard and moved in the rd, Passenger Goods p career as Senior Goods Guz Guard and Mail Express Guard at various points of time. After the 6" CPC the Goods Guard was fitted in the Pay Band-1l with Grade Pay Rs.2800 whereas OA Nos, 2142013, P25/2016, 497/2014, 503/2014, 3222013, 349/2015, 3506/2013, 483/2015, 7198/2013 fitted in PB-IT. with Grade. Pay of Rs.d200. The soplicants received ong 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 id ne GE i te os i = Fixation in t eh the applicants that + is the claim o ps.
a, 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 3% up-
ao an gradations on the respect ive dates of eligibility to the levels of GP 4600/- and 4800/-.
Se The learned counsel for the applicant relies on a catena of judgments which include the judgment of the Hon'ble High Court of Madhya a = QA Nos.2 10/2013, 12S/2016, 497/2014, 28 $03/2014, 3222013, 349/2013, 3250/2613, 4832055, F1O013 Prasdesh at Jabalpur dated 20.11.2015, ain WP the Hon'ble High Court took note of 3 He g ® oh Were OFSan the para-9 of the earlier decision of the Rrnakulum Bench of this Tribunal which was favourable to the applicants and on challenge the ible High Court had granted an interim stay and the matter was pending decision before that Court. After elaborate discussion on the VArLOUS arguments preferred by the petitioners and the respondents, the Hon'ble High Court of Madhya Pradesh held in para-10 and ib as beiow;
*TO : We have ono hes accepting the aforesaid re the Division Bench of Alla Court, for the simple reas categorical statement shoul 28 madé in that respect £ petitioners herein that a persons like responden £ in terms oof the benefit of promotion 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 Goads Guard to the post of Passenger Guard was not to be treated AS a promotion unless otherwise orovided under the Service Rules. If Lo was a@ promotion, in what manner such consideration was done and whether that was granted to the persons like respondent in due course OA Mos.210/2013, 1235/2016, 497/2014, 503/2014, 322/2013, S49/2013, SNVZOL3, 83/2013, FiQ2013 ia o employment oin..-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 petitioners 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 an making the said Scheme applicable for the By persans Like respondent. However, gines 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 the impugned order. We are of the considered opinion that even stich 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 not produced before the Tribunal in adequate manner. However, we are not inclined to interfere in the order of the Tribunal only and are not willing te disturb the said liberty granted by the Tribunal for the reason the said aspect is not called in question by the respondent before us.
SSS GA Nos.210/2013, PRS/2016, 497/2014, 30 S0S/2014, 322/2013, S8O/2013, 350/2013, 4835/2013, 7I@/2015 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. However, looking to the facts and circumstances of the case, parties to .the writ :
petitions to bear their own cost.
Ordered accordingly.
6. The learned counsel for the applicant also referred to the orders of the Hyderabad Bench of this' Tribunal dated LO.EO.2018 in ea 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 FR Court of Jharkhand and Allahabad and further 'pelles on the decision of the Principal Bench of this teePunel. im OA No.i4i/2ol2 which in turn yélied 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:
z "13. Being on the subject the F this g Honourable Principal Bench of Tribunal in OA 141 ef 2012 quoting NB Honourable Delhi High Court dudgment an WE EC} No. 3420/2016 reproduced below, has upheld the principle of OA Nos.2 10/2013, T2S/2016, 497/201 4, SON2014, 322/201, 3499/2013, 3350/2013, A8SA2013, FIQ2013 i '1, Whatever may be the dispute which may be raised with reference tc the language of paragraph 2 ef the MACES the dllustration as per para 4 of annexure J] to the OM, contents whereof have been extracted hereinabove, make it olear that it is the next higher Grade Pay which has te be given and not the grade Pay in the next i post and thus we agree with the respondents that Inapectors have to be given the Grade Pay after Z fhe grade Pay in the hierarchy of posts. Hence, in view oF the judgment of the Hon'ble High Court, it is evident that the next higher Grade Pay has to be given and le granting the third jon under MACES, the Ie. iy ur od TO} © Financi ;
benefits to the granted as per the provisions thereof, and Z@ is the next higher Grade Pay which is admissible to an employee, and the Grade Pay of Rs. 5400/-, while granting the benefit of third MACPS ANS will be given the Grade Pay of Rs.6600/- which is the next Grede Pay.
§, Hence, in view of judgment of the Hon'ble High Court of Delhi, in view of the wordings of the MACPS, as weli as in view of the MACPS allowed to the ANS £ ATIMS, the applicants are entitled to the Grade Fay of Rs. 6600/- and not Rs.5400/-. The order passed by the respondents dated 20.12,20i1 is not in accordance with the MACPS and GA Nos.210/2013, 35/2016, $97/2014, 32 $03/2014, 3223/2013, S49/2013, 3250/2015, 4832013, 7182013 it as. against the very sepirit of MACRS, and if the contention of the respondents is to be accepted, then te Fanancial upgradation will be given to the ANS even efter grant of third MACKS, which is not the antention of introduction of the MACP Scheme, and the applicants are entitied to the Grade Pay of Rs.G6600/- and no recovery Willi be made from the aepolicants of ' ~ 3 nd . ¥ oy x the difference paid to them. The OA deserves to be allowed.! Honourable Supremes Court against the Judgment of the Honourable High of dharkhand in SLP 4501/ 24.03.2017 but it was dismissed "Ss it was found that there was no reasons. te intervene. Similarly the verd:
the Honourable High Court of 2 Was upneld by the Supreme Court inm.SL? No. 13421 of 2014 dt. 29.08.2014, *
7. The Bench also noted the dismissal of SLP No, 4501/2017 vide order dated 24.03.2017 against rb the order/judgment of the Hon'ble High Court o Jharkhand and in similar terms the judgment of the Hon'ble High Court cf Allahabad was upheld by the .
Hon'ble Apex Court Ne, L342. / nah, ke OL dated Hae th 29.08.2014, The learnsd counsel for the applicants aiso invites our attention to the pare 15 of the order/judgment dated 10.10.2018 of the Hyderabad Bench which records as below:
Sik' |e EA AAR SSRI LGA ada ps debasabeevenaanetaell! Lad oN OA Nos. 210/2013, P2572016, 497/2014, S03/2014, 32272013, 3490/2013, 3350/2013, 483/2013, 719/2013 i5. When different divisions of the Same zone i.e. South Central Rallway and the Agmser division of North Western Railway zone coming under the same Railway Ministry, extended the benefit under MACPS to similarly placed employees like the applicants, the proper course of action for the respondents, who are a part and parcel of the Railways, was to extend the similar benefits as was observed by the Honourable Supreme Court in @. ¢. Ghosh Vs. Union of India reported in 1992 (19) ATc 94 where it was held as under:
'In the dight of the command of Articie 14 and 16 of the Constitution of India the same treatment is reguired to be accorded to the petitioners regardless of the fact that they are serving the astern Railway unless it is shown 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 Commission when it introduced n MACP Scheme the "next higher grade rr € recommending the rached to the promotional post, the Pay Commission recommended next higher grade pay 46 financial upgradation. This conseious decision would be frustrated and stultified if due regard to the term 'next higher OA Nos.210/2013, 125/2016, 497/2014, 34 SOR/2014, 3232/2013, 349/2013, 3590/2013, 4835/2015, FLB2015 + qrade pay! iS not given and the Grade Peay Of the promotional post 1s granted. In contra distinction te the earlier ACP Scheme, which afforded, the higher pay scale attached to the rometional post, . the MACR 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 higher Grade Pay is the financial upgradation under the MACP Seheme. 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 the Grade Pay of Rs.4,200/- without getting the next promotion which carries a grade pay of Rs.4,800/-, he becomes entitled for grant of financial upgradation, which would bse the Grade Pay of &s.4606/-
and not 4,800/-. This next higher grade envisaged in the MACP Scheme, is thus, independent of the grade. pay attached toa the next promotional post."
8. While passing orders in the matter the Hyderabad Bench also held that the respondents oy shoul treat their orders in rem only the guidelines in the OAR are issued in ordar to not drive similarly places employees for similar x Fe;
reliefs to this Tribunal and who are working in Railway Board.
AANA IIIS secacnstiees OA Nos.210/2013, 12S/2016, 497/014, BS. 5303/2014, 322/2013, 349/2013, 3560/2013, 4832/2013, 7149/2013
9. - Fhe Learned counsei for the applicants aiso affirm 3 that All these judgments have already ont f been implemented 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 impleme anted.
LS. Further, he also relied on the judgment » of the Ernakulum Beach of this Tribunal dated 11.04.2018 in OA No. 9917/2014 which had duly noted that the fact that its previcus order had heen wh stayed by the Hon'ble High Court of Kerala but then goes on to record that the same cannot be taken in OA No.650/2011 being under consideration before the Hon'ble High Court and the order not attaining finality and the same would not preclude them from adopting the same stand.
il. "The learned counsel for the respondents has Stated that the recent orders of the Tribunal, Bench at Exrnakulum 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, 322/201, JAGROTS, 3502015, 483/2013, 7192013 which has aiready been stayed. He arques that the and of Jabalpur ihe decision of the Bench at Hyderabad ail rested eventually on the original decision of the Ernakulum Bench. In particular Re referred to the applicants set out in the recent order dated 12.04.2013 of the Ernakulum Bench which 'states that the various posts involved in the career fogression of the applicants have not been merged eS nm but only their scale have been merged ts the extent that certain posts now have the same Grade ay and therefore, the applicants were only ommended by the C} entitled to pay fixation as rei G Authorised body which is the 6° CPC 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 teday and are not merged. With regard to the reliance on the dismissal on the Hon'ble BAnex Fa mee 7 ed ceounse ata Court the learned counsel for the respondents fefers to the compilation of Judgments submitted by him which includes tne guidelines sat oub 3 GG SSE oe OA Nos.210/2013, 1235/2016, 497/2014, SOS/2014, 322/2015, 349/2013, 3350/2015, 4832013, 719/2013 ud oe che cas m of Kumasi Ahmed and Ors. xeported in 2000 {6} scc 359 dated 19.07.2000 to argue that the mers dismissal of the SLP will not become a binding precedent and this Tribunal is required to consider that the original order/judgment of this 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 is th is. We have hear the learned counsels for i the parties and have carefully perused the case 14, Tt is an admitted fact that the reliefs have been granted by order and judgments of ~ x various benches of this Tribunal and the Hon'bie High Court(s) at various locations to similarly placed persons. The facts are similar in these de . yd og Se etn eases and the logic adopted in them are in similar lso not in dispute that the judgment ~ 4 kh a on moe oy ot Hon'ble High Court of Bllahabad, referrea Nt OA Nos.210/2013, L25/2016, 497/201 4, 38 5903/2014, 3223/2013, S49/2013, 3350/2013, 4835/2013, 719/2013 to herein above has attained finality in as much iB as the same has been implemented by th respondents i.€. other zones of the Railway. It is also evident from the aforesaid that the judgment fh of the Ranchi Bench of this Tribunal has attaine finality in as much es the WE filed against the Same as well as the SLP Filed hefore the Hon'ble Apex Court has been dismissed.
15. We cannot ignore the fact that the judgment of the Hon'ble Nigh Courts are binding upon this Tribunal.
16. in these circumstances, these OAs. deserve to be allowed and are accordingly allowed.
17. The orders impugned in the 'respective OAs are queshed and set aside. The respondents are directed toa grant 2° ang 3:8 financial up-
gradation to the applicants in immediate next @ A b 4 from the dates from which the same have become due to the applicants along with the Sonsequantial OA Nos.210/2013, 125/2016, 497/2014, 39 S03/2014, 3223/2013, 349/2013, 350/2013, 483/2013, 7197/2013 and other admissible benefits flowing therefrom with interest @ 6.53 p.a. on the arrears.
ps % eed is further directed that in case any recovery has been made from the applicants in view of the impugned orders, the respondents are divected to refund the same ts the respective applicants with interest at the rate of 6.5% p.a. from the date the same was recovered till payment 1s. The aforesaid exercise shall be completed by the xvespondents as expeditiously as possible and in any case within iQ weeks from the date © receipt of certified copy of this order.
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