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Central Administrative Tribunal - Mumbai

Mahabir Prasad vs M/O Railways on 5 February, 2020

1223/2016, 4972014, { SOR/2014, 32272013, 349/2013, 350/2013, 4835/2013, 7719/2013 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAT BENCH, MUMBAI ORIGINAL APPLICATION Nos.210/2013, 1258/2016, 497/2014, 503/2014, 322/2013, 349/2013, 3560/2013, 483/2013 and 719/2013 Dated this Wednesday, the 05th day of February, 2020 CORAM: R.VIIAYKRUMAR, MEMBER (A) R.N.SINGH, MEMBER G) OA No.210/2013

4. Mahabir Prasad, son of Shri Rameshwar Pasad, age: 80 years, (Date of birth: 21.01.1953}, worked cas Mall Guard (Retired) with Central Railway, Sr Station Manager, CST, Mumbai 400 001, and Residing at MS-RB-HV13/16. Rly. Quarter, G.T.8. Nagar, Mumbai 400022,

2. Devanand Sharma, son of Tarachand Sharma, age 60 years, (Date of Birth:

09.44.1952), worked as: Mail Guard (Retired) with Central Railway, Sr. Station Manager, CST, Mumbai 400 001. and Residing at Rockies-1,; Bldg No.D-9, Flat No.2, Gadrej Hills, Kalyan (West), District 'Thane, Pin Code 421301,

3. Vilaykumar Durgaprasad Misar, son of Durgaprasad Ganpati Misar, Age 57 years (Date of birth: 07.05.1955, worked ac: Guard {retired as per Vol. Retirement) with Central Railway, and Residing at: AZ-701, Sai Paradise, Rarave Road, Kamdar Pada, CIRC! Kalyan QV), Distict Thane- Pin Code 427301.

4 Amar Singh Rana, son of Shri Ubha Singh Rana, Age 59 years, (Date of Birth: 02.09.1953) warking as: Mall Guard with Central Railway, and Residing at . A3-704, Om Shankeshwar Darshan, Near Kala Talab, Salyan (VV), District Thane- Pin Code 421301.

5 B.A. Ghule, son of Shri A.S. Ghule, Age years, (Date of Binh: 17.05.1957) _ worked as: Mail Guard with Central Railway, Cfo Sr. Station Manager, CST, Mumbai 400 GO1, and Residing at . MS-RB-HNI3/11. Rhy. Quarter, GTB. Nagar, Mumbai 400022.

6. Bhajan Lal, son of Shri Chhidda Lal, Age $8 years, (Date Birth: 10.70.1954) worked as: Guard "A" Spl. with Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 001, and Residing at 13, Sameer Apartment, Near Durga Maata Mandir, Kolsewadi, Kalyan (East), District Thane, Pin Code No.421306.

7. Arvindar Singh son of S. Mehar Singh, Age 57 years, (Date of Birth:

20.08.1856) worked as: ,Mail Guard with Central Railway, C/o Sr Station Manager, CST, Mumbai 400 001, and Residing at: RB-IN1S/6. C. Raiway Colony, G.T.B. Nagar, Sion (East), Mumbai 400 622.

OANos.210/2013,. °° OA Nos.2 10/2013, L25/2016, 497/201 4, SOMZO ES, 3223/2013, 349/2013, 3506/2013, 4883/2013, 719/2013 fs

8. Rajendragir Shamgir Goswami, son of Shamolr Goswami, Age 59 years, (Date of Birth: 01.08.1954) worked as: Mail Guard with Central Railway, Clo Sr. Station Manager, CST, Mumbai 400 001, and Residing at RB-I/5/2. C.Raihvay Colony, G.T.B. Nagar, Sion (East), Murnbai 400 022.

§. Mr S.A. Siddiqui, son of Late Shri Ahmad Ali, Age 58 years, (Date of Birth: 09.02.1955) worked as: Mail/Exo. Guard with Central Railway, Cfo Sr Station Manager, CST, Mumbai 400 001, and Residing at >: RB-HV114, Flat No.07 :

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: Mall Guard with Central Railway, 04 Sr Station Manager, CST, Mumbai 400 001, and Residing at: GIN, Murbad Road. Kalyan (West), Railway Quarter, District: Thane (Maharashtra) 421 304.

1. Champakbhai Chhanabhai Patel, son of Chhanabhal Ravjibhai Patel, Age o9 years, (Date of Birth: 10.08.1956) workedAvorking as: Guard A-Spl. 1972, with Central Railway, C/o Sr Station Manager CST, Mumba! 400 004, and Residing at : Gagan Solitaire, C-701, Viva Jangid, Near Samrat. Empire, Manvel Pada, Virar (East), District Thane. 404 305,

12. BALWANT SINGH RATHOD, son of Chhanabhai RavilbhaiPatel, Age 59 _ years, (Date of Birth: 18.03.1954) worked/ working as: Mail Guard, with Central | Railway, C/o Sr Station Manaser, CST, Mumbai 400 O01: in _ MS- RBH Bldg.No.1, Room No.3, First Floor, Sir J.J. Road, Byculla, Mumbai 400008, 18 VB. KHARAT, son of Bramhadeo Dasharath Kharat, Age 58 years, (Date _ of Birth: 21.03.1955) worked/working as: Mail Guard: wit Central Railway, Office of Sr. Station Manager, Main Line, CST, Mumbai 400 001; and Residing at (398/4632, 54, Tagor Nagar, Vikhrall (East), Mumbai 400083.

» 34, Laxminarayan Yadav, son of Late Sujan Singh Yadav, Age 53 years, (Date of Birth: 20.72.1958) workedAvorking 'as Mail Guard. with Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 001, and Residing at > LN. Yadav, Room No.103, tst Floor, Shiv Sai Building, Saint Namdeo Path, Near DNS. Bank, Dombivil (East), Dist: Thane 421 201, 1S.PADAM BAHADUR LAMA son of SHRP BISHNU PRASAD LAMA, years, ~ {Date of Birth 16.09.1956). workedAvorking as: Mailv/Exp. Guard, with Central Railway, Clo Sr Station Manager, CST (Main. Line}, Mumbai 400001. and ~ Residing at : Railway Block NVB/7. First Floor Barkley Place, Jd. Road, "Byculla, Mumbai 400008,

18. THANNIMALAYIL CHACKO VARGHESE, son of Thannimalay!! Ulahannan Chacko, Age years, (Date of 19.12.1960) workedAvarking MaiV/Exp Guard, with Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 004, and Residing at: Flat No.208, The Ankeor C.H.S., Rambaug Lane No.2, Bhujbal Wadi, Kalyan (West), District Thane 421 3014, OA Nos.210/2013, L25/2016, 4907/2014, S0S/2014, 322/2013, 349/2013, 3350/2013, 483/2013, 719/2013 is S

17. Anand Bhargava, son af Shr G.P. Sharma, Age 47 years, (Date of Birth:

21.05.1965) warked/working as: Sub- GD "A", with Central Railway, C/o Sr, Station Manager (Sub), CST, Mumbai 400 001, and Residing ab Zinnia C.H.S. A-7/13, Godrej-MIT Compound, Kalyan (West), District: Thane, 421 301.

18. NARESH BDEORAO GONDGLE, san of Deorae Dadhu Gondole, Age 48 years, (Date of Birth:02.12.1964) worked/working as: Mail Guard, with Cantral Railway, Cfo Sr. Station Manager, CST, dain Lins), Mumbai 400 0047, and Residing af: 301, Third Floor, Telwane Tower, Kulgaon, Badlapur (East), 401

503.

19. SANJAY MITTAL, son of Dr ALC. Mitfal, Age 47 years, (Date of Birth:

24.09.1965) warkedAvarking as: Mail Guard, with Central Railway, C/o Sr. Station Manager, CST- Main Line, Murnbal 400 001, and Residing at: D.4/801, Kailash, Lok Dhara, Kalyan (East), District Thane : 421 300.

20. ANIL KUMAR GUPTA, son of Late Krishna Ram, Age 47 years, (Date of Birth: 01.07.1965) workeddvorking as: Mail Guard, with Central Railway, C/o Sr. Station Manager. CST- Main Nagar, Mumbal 400 001, and Residing at - AM12/204, Nilgiva, Lokdhara, Kalyan (E), District : Thane - 421 306.

21, UMESH PRATAP SINGH Son of Shri Balrarn Singh, Age 48 years, (Date of Birth: 01.08.1965) worked/working as: Guard (Sub), with Central Railway, Cio Sr. Station Manager, CST (Suburban}, Mumbai 400 001, and Residing at:

Ambika Complex, 4-103, Meditiya Nagar, Phase-l, P.K. Road, Mira Road (©), District Thane - 401 105.

32 VIVEK RANJAN SAHAL son of Virendra Sahai, Age 47 years, (Date of Birth: 30.10.1966) workedAvorking as: Guard "A" Sub. with Central Railway, Cfo Sr Station Manager, CST(Sub), Mumbai 400 001, and Residing at 201, Kaipataru Apartment, Opp. Roshan Petrol Pump, Murbad Road, Kalyan (West), District - Thane: 427 304.

23. SANJAY KUMAR PRASAD, son of Late Surya Shekhar Prasad, Age 46 years, (Date of Birth: 15.17. 4966) worked/working as: Mail Guard, with Gent Railway, G/o Sr Station Manager, CST, Mumbai 400 001, and Residing > €-8/29. NILE-ll, Gadrej Hil, Barve Road, Kalyan (Vest), District Thane, State of Maharashtra, Pin Code 421301.

24. DAYAL CHAND, son of Late Sita Ram, Age years, (Date Birth: 26.05.1964} worked/working as: Mail Guard, with Central Railway, C/o Sr. Station Manager, CST. Mumbai 400 001, 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 Ramchandra Sitaram dJagdale, Age 48 years, (Date of Birth: 14.04.1964} worked/working as: Mail Guard, with Central Railway, 0/4 Sr Station Manager, CST, Mumbai 400 001, and Residing at : 27/13, Matchiswala Chawl, Swadeshi Mills Road, Sion-

Chunabhatt (East}, Mumbai 400.022.

26. PREM KUMAR SHUKLA, son of Mr. Ganesh Prasad Shukia, Age 45 years, OA Nas.216/2013, (25/2016, 497/2014, 4 S03/2014, 322/2013, 3492013, 3350/2013, 4835/2013, 7719/2013 (Date of Birth: 20.02.4965) workedAvorking as: Sr Pass. Guard (SUB), with Central Railway, C/o Sr. Station Manager, OST (Sub), Mumbai 400 601, and Residing at : 09, Shivesh Apartment, Chinchpada Road, Kalyan (East), District Thane Pin Code 421 306, 27, UMESH SHRIPAD KUBAL, son of Shripad S. Kubal, Age 47 years, (Date of Binh: 23.07.7965) worked/working as: Guard "A (Sub), with Central Railway, Cio Sr. Station Manager, CST (Sub), Mumba! 400 001, and Residing at A/S04, Pratik Apartment, Rameohandra Nagar No.3, Vaity Wadi, Neer Nitin Co. Thane (West), Pin Code 400 604.

28. DINESH RAMCHANDRA AHIRE, son of Ramchandra K. Ahire, Age 44 years, worked/working as: Mail Guard, with Central Railway, C/o Sr. 'Station Manager, CST, Main Line, Mumbai 400 001 and Residing ai - Rew House No.44, Royal Park, Morivall, Near Navare Nagar, Ambernath (East) 421 501,

29. SUDHARKAR BHOJU BAVISKAR, son of Bhoju Sakharam Baviskar, Age 48 years, (Date of Birth: 01.03.4965} workedAvarking as: Mail) Guard, with Central Railway, C/o Sr. Station Manager, CST-Main Line, Mumbai 400001, and Residing at : Room No.8, Chawl no.1, Datta Colony, Behind Pote Apartment No.1, Tisgaon Road, Jimmy Baug. Kalyan (East), District Thane..Pin Gade 421 306. no

30. BIMLENDRA PATHAK, son Janardan Pathak, age 4/7 years, (Date of Birth: 01.07.1965) workedéwarking as: Mall Guard, with Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 004, and Residing at | MS-RBH 05/15, New Ralway Quarters, Road No.7, Vidyavihar, Ghatkopar (East), Mumbai 400 O77,

31. BALJINDER SINGH, son of Himmat Singh, Age 5@ years? (Date of Birth:

11.06.1957} warked/working sas MaiVExp. Guard, with Central Railway, Clo Sr. Station Manager, CST (Main Line), Mumbai 400 001, and Residing at :

f5P RBAN/G.TB. NAGAR, Koliwada, Mumbai 400 022.

$2. LAL HAMANT, son of KISHAN, Age $8 years, (Date of Birth: 28.01.1957} worked/working as: Mail/Express Guard, with Central Railway, Cfo Sr. Station Manager, CST, Mumbai 400 001, and Residing at : Plot No.1t2, Vilay Enclave, Vilay Paradise Society, Gokhivare, Vasai (East), District Thane.

_~ Applicants.

Versus

1. The Union of india, Through The Chairman, Railway Board. Rail Bhavan New Delhi 110 O11.

2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai 400 O07.

3. Chief Personnel Officer, Central Railway, Headquarters Office, CSTM, Mumbai 400 061.

OA Nos 210/213, L2S/2016, 49772014, §03/2014, 322/2013, 349/2013, 3506/2013, 4835/2015, 7192013 ta

4. The Divisional Railway Manager (ORM) DRM's Office, Central Railway, CSTM, Mumbai 400 001, ~ Respondents.

OA No.125/2016

1. SANJAY DHARMADHIKARI, (san of PURUSHOTTAM DHARMADHIKARH, Date of Birth: 04.04.1964, Age: 52 years), working as : Senior Passenger Guard ("C' Post}, under Area Manager, Western Railway, churchgate, Headquarters Office, Mumbai 400020, and residing at: A/2, Ground Floor, Om Shriram Sadan, M.B. Estate, Virar, Taluka-Vasai, District ~ Palghar, State Maharashtra, Pin Code - 401 303.

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, Mumbai 400020, and residing at 13/14, ist Floor, OM Sai Nagar CHS, Above MSEB Office, Virar (East), Taluka-Vasai, District Palghar, State Maharashira, Pin Code 401 305.

3. SWAMIDUTT PANDEY, (gon of GAYADUTT PANDEY}, Date of Birth:

42.12.1958, Age: 57 years}, working as : Senior Passenger Guard {("C" Post), under Area Manager, Western Railway, Churchgate, Headquarters Office, Mumbai 400020, and residing a/303, JANKI Avenue Co.operative Housing Society, Aazad Nagar, Bhayander (East), District Thane, State Maharashtra, _ Pin Code - 401 305.

4, CHELLAPPAN PREM ANAND, (son of J.D. CHELLAPPAN }, Date of Birth:

05.05.1963, Age: 43 years), working as : Senior Passenger Guard ("C" Post), under Area' Manager, Western Railway, Churchgate, Headquarters Ofice, Mumbai 400020, and residing ab 198-103, Kishor Kun] No.4, Virar (West), Post Virar, Taluka-Vasai, District ~ Paighar, State Maharashtra, Pin Code --

4013085.

5, PRADIP YALLATIKAR, {son of W.L. YALLATIKAR), Date of Birth:

47.10.1961, Age: 54 years), working as : Senior Passenger Guard ("C" Post), under Area Manager, Western Railway, Churchgate, Headquarters Office, Mumbai 400020, and residing at 101, 1ST Floor, Millennium Park, Hari OM Nagar, Mulund (East), Murnbal 400061, State Maharashtra.

§ MURALIDHARAN MM. (son of Madhavan Nain, Date of Birth: 12.08.1964, 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, Sion Koliwada, Mumbai 400020, Maharashtra.

OA Nos.210/2015, 125/2016, 497/201 4, 6 SOD 2014, 322/2013, S49/2013, 3530/2013, 4939/2013, 719/2013 ¢. BRAJESH GOSWAMI, (son of Shri Jag Jivanial Goswami, Date of Birth:

27.04.1985, Age: 51 years}, working as : Senior Passenger Guard (°C" Post}, under Area Manager, Western Railway, Churchgate, Headquarters Office, Mumbai 400020, and residing at C-102, Ist Floar, Purvi, Sector-10, Vasant Nagri, Post Vasai (East), Taluka-Vasai, District ~ Palghar. Stata Maharashtra.

Pin Cade - 4017 208.

8. RAMESH AMRUT PATIL, (son of AMRUT S. PATIL), Date of Birth:

01.03.1971, Age: 45 years), working as : Senior Passenger Guard ("C" Post), under Area Manager, Western Railway, Churchgate, Headquarters Office, Mumbai 400020, and residing at A-202, 2nd Floor, Krishna, Owarka Nagar, Kalyan (East), Santosh Nagar, Tisgacn, District-Thane , State Maharashtra, Pin Code- 424 906,

8. RAJESH KUMAR SINGH, (son of KARNAIL SINGH), Date of Birth:

27.44.4991, Age: 54 years), warking as : Senior Passenger Guard (°C" Post}, . under Arta oer, Weelern Railway. Churchgate, Headquatists Ofice, Mira Road, District-Than 1e, - State Mahar rashtra, Pi in Code 401 107.

10. BRAJ PRASAD MISHRA, (son of Shi Radhey Shyam Mishra), Date of Post, under Area Officer, West tern » Rail way, Churchgate, Headquarters Off ice, .

'Mumbai 400020, and residing at: A-303, Srd Floor, Syndicate Bank Staff, Anand CHS, Rawal Pada, Dahisar, Mumbai Pin Code 400068. .

Officer, Western Rally vay, Shecehyete Headquarters Office. Mumbai 400020, and tes! iding 'at: Flat No. "AS, Ground Floor, Wester Railway Colony, Bidg. No.149, Bandra (West), Mumbai 400056, State Maharashira.

12. MAHESH -SHARADCHANDRA V, REKHI (son of SHARADCHANDRA REKHI), Date of Birth: 16.07.1961, Age: 6&5 years), working as : Senior Passenger Guard re ae Station Sueeriendent Mumbai Central at Flat Now. 208. and Fes Royal Park-til Rammed Road, Vasal, Taluka Vasal, District - Paighar, State Maharashtra 13, SAYED ASIF ALI, (san of SAYED ASGAR AL), 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 ab B-203, 2nd Floor, Heera Panna Building, Nallasopara (West), Taluka Vasai, District -Paighar, State Maharashtra. Pin Code - 401203.

OA Nos.210/2013, : - 125/2016, 497/2014, ope 03/2014, 3223/2013, 349/2013, 350/2013, 483/2013, T19/2013

14. SANJAY NANDKISHORE GUPTA, {son of NANDKISHORE M. GUPTA), Date of Birth: 05.09.1968, Age: 47 years}, working as: Senior Passenger Guard ("C" Past), under Area Manager, Western Rallway, Churchgate, Headquarters Office, Mumbai 400020, and residing at C-61, 3RD Floor, Ganjawala Apartment No.02, Borivali (West), S.V.P. Road, Mumbai ~ 400092.

15. SHIVAJD 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 al Flat No.603-C-Wing, 8th Floor, Mansarovar, New Mhada Colony, Dindoshi, Near NNP, Goregaon (East), Mumba-400 065.

~ Applicants.

Yersus 4+. The Union of India, Threugh The Chairman, Railway Board. Rail Bhavan New Delhi 710 O11.

2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai 400 004.

3. Chief Personne! Officer, Central Railway, Headquarters Office, CSTM, Mumbai 400 001, 4 The Divisional Railway Manager (DRM) DRM's Office, Central Railway, CSTM, Mumbai 400 001.

~Respondents, OA No.497/2014

1. Deepak Kumar Upadhyay, son of Hariday Narayan Upadhyay, Date of Birth 10.05.1869, Age 45 years, working as : Senior Passenger Guard (Group "C" post}, under Station Manager, ARO, Churchgate Railway Station, Western Railway, Mumbai 400020, and residing at Riddhi, D- 01/102, Vasant Nagari-H, Vasal (East), District-Thane, State of Maharashira, Pin Code. No.401 208.

2. Surya Prakash Khare, son of Shri Mahendra Kumar Khare, Date of Birth:

20.11.1966, Age 48 years, working as > Chief Booking Clerk (Decategorized from Senior Passenger Guard (Group "CO" post), under Senior DCM (Divisional Commercial Managen-BCT, CTCW Cash and Pay Office, Churchgate, Westem Railway, Churchgate Railway Station, Mumbai 400020, and residing at 201/A, Sanskriti Apartment, New Link Road, Near UCO Bank, Nallasopara (East), Districl- Thane, State of Maharashtra, Pin. Code.No 401209.

3. Rajendra Kakkar, son of Manohar Lal Kakkar, date of Birth 12.06.1985, Age years, working as Senior : Passenger Guard (Group "C" post, under Station Manager, ARO, Churchgate Railway Station, Western Railway, Mumbai 400020, and residing at! 1-A04, Gayatri Darshan CHS, Near Saraswati School, Tulin] Read, Nallasopara (East), District-Thane, State of Maharashtra, Pin Code No.401209.

OA Nos. 20/2015, 1235/2016, 497/201 4, 8 S03/2014, 322/215, 3492015, 3560/2013, $83/2013, 7719/2013

4. Virendera Upadhyay, son of Balkrishna Upadhyay, Date of Birth 01.07.1968. Age Senior years, working as Passenger Guard (Group "C" post}, under Station: Manager, ARO, Churchgate Railway Station, Westen Rajlway, Mumbai 400020, and residing ab 03/103, Rashmi Divya Complex, 100 Feat ' New Link Road, Near Gagan Dream Building, Vasai (East), Post Office- Nallasopara, District- Thane, State of Maharashtra, Pin Cade No.401 208.

5. Sandeep Krishna Sawant, son of Krishna Dulali Sawant, Date of Birth - 28.08.1965, Age - 49 years, working as : Senior Passenger Guard (Group "C" post), under Station Manager, Mumbai Central, Western Railway, Mumbai 400008, and residing af 603, Indrapuri, Sodawala Lane, Barvall (West), Mumbai 400 092.

8. Shaikh Abdul Nadeem, son of Abdul Karim, Date of Birth: 10.05.1987. Age - 47 years, working as : Senior Passenger Guard (Group "C" post), under Station Manager, Mumbai Central, Mumbal 400008, residing at Western Raikway Quarters No.S/T/8, Opp. Bandra Railway Station, Bandra (Vest), Mumbai 400050.

- Applicants.

Versus

1. The Union of india, Through The Chairman, Railway Board. Rail Bhavan New Deihi 110 011. :

2, General Manager, Western Railway, Headquarters. Office, Churchgate, Mumbai 400020.

3. Chief Personnel Officer, Western Railway, Headquarters Office, Churchgate, Mumbai 400020.

~ Respondents.

OA No.S03/2014

j. Rajinder Singh Bhamb, san of Joginder Singh Bharnb, Date of Birth 14.09.1865, Age 50 years, working as : Senior Passenger Guard (Group "C" past), under Station Manager, ARO, Churchgate. Railway Station, Westen Railway, Mumbai 400020, and residing at: 11/C-9, Jeevan Srushtl CHSL, LIC Colony, Behind LIC Shapping Centre, Borivali (West), Mumba) 400103.

4. Daulat Kumar Sharma, Date of Birth: 14.08.1965, Age 48 years, working as : . Guard (Group "C" post), under ARO, Churchgate Railway Station, Churchgate, Mumba} Division, Mumbai 400020 and residing at: D/105, Tirupati CHS Lid. in- front-of Shriram Jewelers.Navghar Road, Bhayandar (East), District Thane, State of Maharashtra, Pin code: 401 105.

3. Rajendra Singh Yaday, son of Late Shri Ranvir Singh Yadav, Date of Birth -

22.07.1865, Age- 49 years, working as : Senior Passenger Guard (Group °C"

post}, under Station Superintendent, Surat Railway Station, Western Railway OA Nos.210/2013, : (25/2016, 497/2014, aoe 203 /2014, 322/205, 5349/2013, 3350/2015, 4835/2013, 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 12.02.1964, Age &0 years, working as | Senior Passenger Guard (Group "C"

post), under Station Manager, ARQ. Churchgate Railway Station, Western Railway, Mumbai 400020, and residing ai Rish}) Sadan, Flat No404, Near Rahul Internatinal School, Chakradhar Nagar, Nallasopara (East), District- Thane, State of Maharashtra, Pin Code No.401 203.

5. Dillp Kumar, son of Ramcharan, Date of Birth 01.08.1963, Age -51 years, working as : Senior Passenger Guard (Group "C" post, under Station Manager, ARO, Churchgate Railway Station, Western Rallway, Mumbai 400020, and. residing at Gayatri Darshan Co-op. Hsg.So0c. Building No. d/A/203, Near Saraswati School, Tuling Road, Nailasopara (East), District- Thane, State of Maharashtra, Pin Code No.407 209.

6. Tarunprakash N. Pachaurl, son of Navalkishor Pachaurl, Date of Birth:

08.10.1965, Age - 48 yaars, working as : Senior Passenger Guard (Group °C"

post}, under Station Manager, Mumbai Central, Western Railway, and residing at: A-103, Gayatri. Darshan Apartment, Near Saraswat! School, Tulin] Read, Nallasopara (East), District Thane Pin Code 401209.

7. dayendra Pundalik Prabhu, son of Pundalik Vaman Prabhu, Dete of Birth:

10.12.1965, Age 48 years, working as : Senior Passenger Guard (Group *C* post}, under Station Manager. Mumbai Central, Western Railway, and residing at: A/301, Barla Unique, Bullding No.10, Tirupatl Nagar, Phase- {I Unitech Road, Bolinj, Virar (WV) 401 303, Dist - Thane 407 303.

3. 8 Achary Ramesh Kurnar MA. Son of M.C. Ayyappan Achary, Date of Birth -15.04.1967, Age - 47 years, working as : Senior Passenger Guard (Group "O" post), under ARO, Churchgate Railway Station, Western Railway, Mumbai 400020 and residing at B2/203, Prabhath Complex, Poonam Nagar Behind Y.K. Nagar, Bolin}, Virar (West), Thane, Maharashtra State, Pin Code 497303, g. Babulal Verma, son of Kesharilal Verma, Date of Birth: 07.03.1960, Age - 64 years, working as : Mail 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 Code ~ 4012009.

10. Mathuria Kamlesh B. son of Baburam Mathuria K., Date of Birth 26.04.1965, Age - 48 years, working as : Senior Passenger Guard (Group °C"

posh, under Station Manager, Mumbai Central. Western Railway, and residing at' Nazerath Apartment, Flat No.16, Ground Floor, Bhagoji Keer OA Nos.20/8013, 12572018, 49720 14, 10 5032014, 3232/2013, 349/013, 3502015, 4837/2013, 719/2013 Marg, Mahim, Mumbai 400016.

11. Shreeram Meena, son of Shri Ramjilal Meena, Date of Birth 03.01.1960, Age 55 years, working as . Mail Express Guard (Group "C" post}, under sfation Manager, Mumbai Central, Western Railway, and residing at Roorn No 901, Sitaram CHS Linited, Chakradhar Nagar Nallasopara (West), District: Thane, Maharashtra State, Pin Code -- 401302.

12. Rajesh 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 Saraswat! School, Tulinj Road, Nallasopara {East}, District ~ Thane 407 208.

13. Mohan Lal Jat, son of Late Shri ishwar Ram Jat, Date of Birth: 16.10.1984, Age - 80 years, working as : Senior Passenger Guard (Group "CO" post}, under Station Manager. Mumbai Division, Mumbai Central, Western Railway, and residing at 405, Sai Orchid, Nanakwada, Halar, Valsad, Gujarat 396 001.

14. Ratan Lal Choudhary, son of Late Jawahar Lal Choutthary, Date of Birth:

12.07.1868, Age - 48 years, working as) Mail Express Guard (Group "O" post), under Station Manager, Mumbai Central, Western Railway. and: residing at:

204, Rishi-sadan, Near Mahaveer Apartment, Chakradhar Nagar, Nallasopara (West), Districl- Thane, Maharashtra State, Pin Code 401203.

43. Kishor Kumar Rajpurohit son of Sardar Singh Rajpurohit, Date of Birth - 08.02.1965, Age - 49 years, working as Senior Passenger Guard (Group °C"

posi), under Station Superintendent, Surat Railway Station, Western Railway (Gujarat), and residing at: 5, Satyam Row House, Near SAT- Temple, Police H.Q. Road, Abrama, Valsad (Eas!), Gujarat 296 0071.

18. Shaikh Ansar Ahmed son of Nisar Ahmed A., Date of Birth : 27.11.1987, Age 47 years, working as: Senior Passenger Guard {Group "C" post}, under Station Superintendent, Surat Railway Station, Western Railway (Gujarat), and residing at: 16, Garibnawaz Housing Saciety, Police Headquarer Road, Abrama, Valsad (East), Gujarat 396 001.

17. Ramavitar Ambalal Sharma son of Ambalal B. 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, 8/4, Kalind! Apartment, Halar, Valsad (Gujarat State), Pin Gade 396001.

OA Nos.210/2013, 1235/2016, 497/2014, ebb SO3/2014, 322/2013, 349/2013, 350/2013, 483/2013, 7F19/2013

18. Mithlesh Kumar Sharma, son of Rameshwar Prasad Sharma, Date of Birth : 26.06.7965, 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, Sai Natika Apartment, Civil Road, Nanak Wada, Valsad (East), Gujarat 396 001.

19. Akhilesh 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 (Guiaraf), and residing at: 82/702, Shambhu Nath Complex, Haier Road, Valsad, State Gujarat 396.0014,

20. Rabindra 8. Sahu, son of Biswanath J. Sahu, Date of Birth: 12.72.7968, 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 Code ~ 407303.

- 21. Raghunath Ram, son of Shiv Nandan Ram, Date of Birth: 07.02.1965, Age ~ 49 years, working as > Mail Guard, BCT (Group "C" post), under Station Manager, Mumbai Central, Western Railway, and residing at: A/102, Mausam Apartment, Vishal Nagar, Vasai (West), District- Thane, Maharashtra State, Pin Code 404202.

22 Ashok Kumar Jangid son of Ramji 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 Rallway (Gujarat), and residing at) 303, 8/2, Shambhunath Comp., VAshi Falia, Halar, Valsad (East), Gujarat 396 001.

23, Laxman Singh Kachhwaha, son of Hari Singh Kachhwaha, Date of Birth :

12.04.1964, Age -50 years, working as : Mall Express Guard, (Group "C" post), under Station Superintendent, Surat Railway Station, Western Railway (Gujarat), and residing at: 603, Shambhunath Complex, B-1, Vashi Falla Halar, Valsad, Gularat 396001.

94. Mahaveer Prasad Meena, Date of Birth: 18.06.1987, Age 47 years, working as : Guard (Group "C" post), under Station Superintendent, Phulera, and residing af: Plot No.135, Kamla Nehru Nagar, Hasanpura Jaipur, State of Rajasthan, Pin Code ~ 400006.

25. Venugopalan N. son of A.R.N. Nambir, Date of Birth: 20.04.1967, Age - 47 years, working as . Senior Passenger Guard (Group "C" post}, under Station Manager, Coonoor Railway Station, Souther Railway, SALEM Division, and residing ab Door No.24, Railway Quarters, Coonoor Nilgir, Tami Nadu, OA Nos.2 Hv2013, 1253/2016, 4977/2014, 12 $03/2014, 322/2013, S349/2013, 3HV26013, 483/2013, 7192013

26. Sarwar Hussain Sheikh, son of Nizamuddin Sheikh, Date of Binh 30.03.1961, Age 53 years, working as : Senior Passenger Guard (Group "C"

pos), 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 Goce No.401 308.

27. Balkrishna Maruti Nalawade, sen of Maruti Nana Nalawade, Date of Birth:

15.08.1964, Age 50 years, working as < Senior Passenger Guard (Group "C* post}, under Station Manager, ARO, Churchgate Railway Station, Westen Railway, Mumbai 400020, and residing at: 7O0/H, Railway Quarters, Tejpal Road, Vie Pane (East), Mumbai 400057

28. Bhagubhal Babubhai Patel, son of Babubhal Somabhai Patel, Date of Birth 01.09.1861, Age 53 years, working as - Senior Passenger Guard (Group "C" post), under Station Manager, ARO, Churchgate Rallway Station, Western Railway, Mumbai 400020, and residing at Railway Colony, Building No.47/9, Kasturba Road, Near Cinemax, Kandivall (West Mumbai 400067.

29. Leela Ram Meena, of son of Rameshwar Dayal Meena, Date of Birth 01.12.1863, Age 51 years, working as : Senior Passenger Guard) (Group "CO" ee under Station Manager, ARO, eee ve Railway Station, 'Western red. Distr a Thepe: State of Maharashtra, Pir in Code No. 40} 305.

30, Prakash Suresh Suryavanshi, son of Suresh Shankarrao. Suryavanshi, Date of 48 years, Birth 27.10.1866, Age working as < Senior Passenger Guard {Group "C" post), under Station Manager, 14 ARO, Churchgate Railway Station, Western Railway, Mumbai 400020, and residing at 1- Agripada Rly Quarters No.46, Fiat No.8, 2nd Floor, Mumbai Central, Mumbai 40008,

31. Sudhakar Prabhakar Shrimawale, son of Prabhakar Narayan Shrimawails, _ Date of Birth 10.05.1965, Age ~ 49 years, working as: Senior Passenger Guard (Group "C" post), under Station Manager, ARO, Churchgate Rallway _ Station, Western Railway, Mumbai 400020, and residing at: Mrudang, C-204, Sector-1, Vasant Nagari, Vasai (East), District Thane, State of Maharashtra, Pin Code No 401208.

32. OQmmi Kapoor, san of Shri Raj Kumar Kapoor, Date of Birth - 77.40.1955, Age 48 years, working as : Senior Passenger Guard (Group "O" post}, under Station Superintendent, Mumbai Central, Wester pune Divisional Railway Manager Office, Railway Mumbai Central, Western Railway, Mumbai, and OA Nos.210/2013, Bo ookes 8 125/2016, 497/2014, Be 503/2014, 322/2013, 34972013, 3590/2013, 483/2013, 719/2013 residing at Rly. Staff Quarter No.44/44, Kandivali (West), Opp. Saraver Hotel, Kandivall (West), Mumbai 400067.

~ Applicants, Versus }. The Union of india, Through The Chairman, Railway Board. Rall Bhavan New Delhi 170.041.

2. General Manager, Western Railway, Headquarters Office, Churchgate, Mumbai 400020,

3. Chief Personnel Officer, Western Railway, Headquarters Office, Churchgate, Mumbal 400020.

4. Divisional Railway Manager (DRM} DRM's Office, Western Railway, Mumbai Central, Mumbai 400 008.

~ Respondents.

OA 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 Radway, Mumbai- 400 020, Residing at 7712/H, Western Railway Quarters, Behind Rly. Police Station, Bandra (West), Mumbal- 400.050

- Applicant.

Versus

4. Union of india, Through General Manager, Western Railway, Churchgate, Mumbai- 406 020.

2. The Divisional Railway Manager Western Raihway, Mumbai Central, aes Mumbal- 400 008.

3. The Senior Divisional Personnel Officer Western Railway, Mumbai Central, Mumbal- 400 008.

- Respondents.

OA No.349/2013

L.Keoonan James Abraham, S/o K.P. Abraham, Age 49 years, Ose. Service, R/o 1O7/A, Sai Tukaram CHS, Rambaug Lane No.4, Kalyan WVvest-421501 Thane Dist. (Mah. St) 2, Sathinadhan K. S/o C. Paramu Nair, Age 49 years, Occ. Service, R/o 3/8; 303, Neelsankalp CHS, Plot-33, Sector-5, New Panvel, Navi Mumbai-4 10208

3. Antony Clifford Faileira S/o Clifford Falieiro, Age 46 years, Qcc. Service, R/o OA Nos.210/2013, 1235/2016, 4972014, ig SO03/2014, 322/2073, 349/2013, 380/2013, A83/2013, 719/2013 $04, Akash Ganga, MTNL Road, Opp. Jangid Tower, Mira Road (East)-401107 Thane Dist. (Mah. St}

4. Vipin Bihari Vijay Sio Manmohan Vijay, Age 47 years, Occ. Service, Rio B- 502, Mohan Paradise Phase-1, Wayle Nagar, Kadakpada, Kalyan (Vvest)- 421301 Thane Dist (Mah. St)

5. Harnarayan Diwaker S/o Nandlal Diwaker,Age 53 years, Occ. Service, Rio B/703 Bldg. No.3, Shankhieshwar, Presidency, Tawripada, Kalyan (West)- 427301 Thane Dist. (Mah St)

8. Vivek Dattray Karandikar S/o Dattatray K. Karndikar, Age 48 years, Occ. Service, R/o 105, New. Sarvaday Pooja CHS, Patharli Road, Opp.Shiv Mandir, Dombivii East-421201 Thane Dist. (Mah. St} /.Kalooram Meena S/o Fateh Singh Meena; Age 45 years, Occ. Service, Rio G-1/402, Tripura CHS, Lok Dhara, Kalyan East-421306 Thane Dist. (Mah. St) g. Krishnakumar Mishra S/o RC. Mishra, Age 50 years, Ose. Service, Rio 8- Col llege, Kalyan (East) 421301 Thane Dist. (Mah. Sti g. Surendra Pratap Singh S/o Uma Shankar Singh. 'Age 47 years, Occ. Sarvics, Rio B-464, Vrundavan Park, Plot No.9, Sector-34. Kamothe. Panvel- 410209 Raighad Dist. (Mah: St}

10. Alok Chakraborty Sfo Sachindranath Chakraborty, Age 46 years, Occ. Service, Rio §, Apoorva Sagar CHS, Arjun Sagar Complex, Kulgaon, Bad! apur (East)-421508 iT. Ashokan KV. S/o P. Balan Nair, Age 45 years, Occ. Service, Rio 4-601, Kalpataru Arcade, Sectord, New Panvel(E)-4 10206 Raigad Dist. (Mah. St} .

42. Kankambaran C.N. S/o'C.K. Narayanan, Age 48 years, Occ. Service, Rio B-404, Vrundavan Park, Pilot No.$, Sec.34, Kamothe, Panvet- 470209 Raighad Dist. (Mah. St)

13. Ishwarchand Gupta S/o Khoobchand Gupta, Age 52 years, Occ. Service, Rio 13, Shivesh Apartments, Pandurang Nagar, Chinchpada, Near BSNL Telephone. "Exchange, Kalyan {(Eash-421304 Thane Dist. (Mahe St)

14. Horilal Mehra S/o Himmat Singh Mehra, Age 47 years, Occ. Service, Rfo 301, A/S Shree Complex, Barawe Road, Kadakpada, Kalyan (West)-421301 Thane Dist. (Mah. St}

15. Bajranglal Meena S/o Birbalram Meena, Age 49 years, Occ. Service, R/o $058, Chandrabhaga Tower, Near Shree Complex Chowk, Adhanwadi Jail Road, Kaliwall, Kalyan (West)-421301 Thane Dist. (Mah. St) OA Nos.210/2013, P25/2016, 497/2014, Ta 503/201 4, 322/2013, 349/2013, 3350/2013, 4853/2013, 7192013 (Office Address of all applicants Sr. Station Manager's Office, Mumbai CST, Mumpbal-400001.) ~ Applicants.

Versus

1. Through General Manager, CSTM, Union of India CST, central Railway, Mumbai-4.

2) Railway Board Through the Secretary, Ministry of Railways, New Dethi- 7o004

3. The Chief Personnel Officer, Central Railways, CST, Murnbal-400001.

- Respondents. .

OA No350/2013

1. Thandiram Meena, Sfe Chhaju Rar Meena, Age 44 years, Occ. Service, Rio 701, Artideep CHS, Opp. Amrut Park, Kadakpada, Kal yan (West) 421301, Thane Dist (Mah. St}

2.Kirodilal Meena, S/o Khitadi Ram Meena, Age 45 years, Occ. Service, R/o 404, Bldg-No.i0, Neelkanth Park, Waylenagar, Kadakpada, Kalyan (West) 424301, Thane Dist. (Mah.St)

3.Milind Tanbaji Ukey, S/o Tanbajl Sakharam Ukey, Age 44 years, Occ. Service, Rio AM02, Wastuswapnapurti Residency, Opp. New HP Petrol Pump, Katrap, Badiapur (East) 427503, Thane Dist. (Mah.St}

4.Difio Ramchandra Chumble, Sfo Ramchandra R. Chumble, Age 44 years, Occ. Service, Rio A/103 Sunder Nagar, Agra. Road, Kalyan (West) ¢ 421304 Thane Dist. (Mah. St)

5. Arun Sitaram Patil S/o Siaram Kundiik Patil, Arun Sitaram Patil, Age 44 years, Oce. Service, R/o 301, Sanjivani Bidg., Near Pragatl College, Nandivali Road, Dombivili (East) 421301 Thane Dist. (Mah.St)

6.Wilson Victor Das, Slo Victor Prabhakar Das, Age 47 years, Occ. Service, Rio JN-3, Type Bldg.No.17, Room No.1, Sector 10, Vashi, Navi Mumbai 400703, Thane Dist(M.8.) .

7.Suni S. Rumale, S/o Sudhakar K. Rumale, Age 44 years, Occ. Service, R/o-

Flat No.26, Bidg.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, R/o MSRBAIMMI34, Central Railway Officers Flats, LN Road, Matunga {East}, Mumbal-400019 (Mah.St) OA Nos.210/2615, 125/2016, 497/2014, 16 S03/2014, 322/2015, 349/203, 3530/2013, 4835/2013, FIS2015 @.Rajabhaiya S/o Kamal Ahmed, Age 59 years, Occ. Service, R/o D-8, RBA, Berkely Place, Byculla, Mumbai-400008 (M.S)

10.Pravin P. Girap, S/o Pandurang Girap, Age 49 years, occ. Service, R/o D-8, RBA, Berkely Place, Byculla, Mumbaj-400008 (M.S.} ii Ravi Venkat Rao, S/o JV. Rao, Age 46 years, Occ. Service, Rio 104, Sai . Deep Apariments, Baldapur (East) 421503 Thane Dist. (M.S.} l2.Rajl Varghese S/o Mathai Varghese, Age 45 years, Occ. Service, Rio 805/A, Laxmiparadise Bidg., Sth Floor, Oop. Mayor Bunglow, Kanakia Read, Mira Road (East) 407109 (M.S)

13. Kishore Kumar Bawarla, S/o Jageshwar P. Bawariya, Age 44 years, Occ. Service, Rio C/G801, Gurudeo CHS, Piet No.27, Sec.20, Kamothe, Panvel 470209 Raigad Dist. (M.S.).

Office Address of all above applicants Sr. Station Manager's Office; Mumbai CST, Mumbai-400 007 * - -Applicants.

Versus i, Union of India Through General Manager, CSTM, _ OST, Central Railway, Mumbai-1

2. Railway Board Through the Secretary, Ministty 0 of Rail ways, New Deth- 110001

3. The Chief Personnel Officer, Central Railways, CST, Mumbai-do00e4 ~ Respondents.

OA No.483/2013

t. Hemant L Rathed, Age 45. years, Sfo Shri Liladhar J- Rathod Residing at:

Shree Krishna Residency, Building No.2, B-Wing, Roornm No.202, f] Floor, Valavill, Badlapur(West), Distt Thane, Pin-421503 z.Moreshwar Kiran Zade, Age 35 years, S/o Shri Kiran Zade, Residing at: H-2, Surya Vihar, BadlapurfEast), Distt- Thane, Pin-421503 S3.Sandeep Balram Gimhavanekar, Age-37 years, Sfo Late Shri BaliRam R Gimhavanekar, Residing at : 206, Shyam Sundar, if Floor S.J. Marg, Lower Parel, Mumbai Pin-400013.

4 Satish Eknath Bidwe, Age 38 years, Sfo Late Shri Eknath Dada Bidwe. Residing at Mangia Park, B-2/206, Barve Road, Khadkpada, Kalyan(West), Distt- Thane. Pin-427904 OA Nos. 2102013, (23/2016, 4972014, tae S03 2014, 3522/2013, 349/2013, 3950/2013, 4835/2013, 7192013 5, Nilesh R Kulkarni, Age 43 years, S/o Shn Ramakant.G.Kulkami, Residing at Block No.6, 3d Floor, Vinayak Smrutl Kasar Haat Lane, Tilak chowk, Kalyan(Vest}, Distt- Thane. Pin-421304

6. MUG. Sayed, Age 41 years, S/o Shri Gazanfur Ali Sayed Residing at 105, Soham Shree Coonerative Society, Rar baug Lan Oo', Kalyan{ West), Distt- Thane Pin-421304

7.Shailesh Kumar Rawat, Age 40 years, S/o Shri Raj Kumar, Residing af > RB- 2, 5/1, Raihvay Colony Jul Nagar, Sector 22, New Murnbai Pin-400705 &.Rajesh ViWavdekar, Age 36 years, S/o Shr Vasant Baburao Wavdekar Residing at BM, 302, Gokul Nag, Gandhar Vilage, Kalyan(West), Khadakpada, Distt- Thane Pin-421301 .

-Applicants.

Versus

1. The Union of India, Through The Chasman, Railway Board, Rail Bhavan New Delhi 110 041.

2, General Manager, Central Railway, Headquarters Office, CSTM, Mumbai 460 0014.

3. Chief Personne! Officer, Central Railway, Headquarters Office, CSTM, Mumbai 400 001.

4. The Divisional Railway Manager (ORM) DRM's Office, Central Railway, CSTM, Murnbal 400 001. . - Respondents.

OA No. 7719/2013

1. GURDEVENDER SINGH, son of 8. GURIQBAL SINGH, Date of Birth ; 49.03.1952, 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 at: Plot No.24, Road No.04, Sector No.01, New Panval, District - Raigad, Maharashtra State, Pin Code 410 208.

2.PRADEEP VAMANRAO GUPTE, son of Vamanrao Gupte, Dale of Birth 21.09.1951, Ags: 62 years, workingfvorked as SR. . PASSENGER GUARD, under Sr D.O.M. BCT, Western Railway, having office at Mumbai Central, Mumbai 400 008, and residing at 8/102, Sai Plaza, Sector 154, Plot No.18, New Panvel, Navi Mumbai, District Raigad, Maharashtra Stete, Pin Code 470206.

3. LEROY D'SA, son of L.G.T. D'SA, Date of Birth: 12.70.1953, Age: 80 years, workingAvorked as: SR, PASSENGER GUARD, under Sr. D.O.M. BCT Western Railway, having office at Murnbal Central, Mumbai 400 008, and OA Nos.210/2013, (25/2016, 4097/2014, .

18 S03/2014, 322/2015, 349/2013, 3350/2013, #832013, FIS2013 residing at 93/J, Western Railway Colony, Pall HIN Estate, Carter Read, Bandra (West), Mumbai 400050.

4. VIJAY KUMAR PATHAK son of O.R. Pathak, Date of Birth: 04.10.1958, Age:

57 years, working' worked as: SENIOR PASSENGER GUARD, under Sr. DOM, BCT, Western Railway, having office at Mumbai central, Mumbai 400 008, and residing at New Sherinike CHS, B/18, Ashok Nagar, Mulund (Vest), Mumbai 400080.

§. JASWANT SINGH son of Sardar Balbir Singh, Date of Birth: 15.07.1980, Age: 54 years, workingAvorked as: MAIL EXPRESS GUARD-BCT, under Sr. D.O.M. BCT, Western Railway, having office at Mumbai Central, Mumbai 400 OOS, and residing at: Flat No.va/i4, Building No.85, Happy Home Estate, Poonam Sagar Corplex, Mira Road (East), District Thane, Pin Code 401107, |

6. GURMIT SINGH BAJWA, son of Shri Sohan Singh Baiwa, Date of Birth:

02.01.1959, Age: 55 years, workingAvorked as.> MAIL/EXP. GUARD, under:

Station Manager, Mumbai Central, Western Railway, Mumbai 400008, and residing at: 43TA-1, W.RIy Colony, Mumbai Central, Murmbal 400 008.

Fo VISAY PARSHURAM SAMI, son of Parshuram Vishnu Salvi, Date of Birth - 29.09.1962, Age: 61 years, working/worked as : (RETO) SR. PASSENGER Central, Mumbai 400 008, and residing at » 202/D, Soni Sarowar Go-op. Hsg.

Sac. Lid. LE Road, Old M.H.8. Colony, Borivall (West), Mumbai S..\. RAJAN, son of V.K. Velayudhan, Date of Birth: 01.03.1947, Age: 99 years, working'worked as: SENIOR PASSENGER GUARD. under ARO. Churengate, Western Railway, having office at Churchgate, Mumbai 400 020, and residing at 8-302, Amardeep C.H.S. Lid, Plot 73, Sher-E-Punjab Colony, Andheri (East), Mumbai 400099.

@. ARVIND. MANILAL PATEL son of Manial Munvar Patel, Date of Birth:

02.06.1955, Age: 58 years, workingAvorked as: MAIL/ EXPRESS GUARD, under Station Master, Mumbai Central, Western Railway, having office at -

Mumbai Central, Mumbai 400008 and residing at : At Post Mograwadi, Sahayeg Nagar, Mukti Dharm, Tal. And District Valsad. State of Gujarat, Pin Code :

10. DILIP KUMAR TRAVARI son of Kallash Chandra Tiwari, Date of Birth:

02.10.7956, Age: 57 years, workingAvorked as: MAIL EXPRESS GUARD-

BCT, under Sr D.O.M. BCT, Western Railway. having office at Mumbai Central, Mumbai 400 008, and residing at: Flat No.73/14, Bullding No.85, Happy Home Estate, Poonam Sagar Complex, Mira Road (East), District ;

OA Nos.210/2013,

- 1235/2016, 497/2014, ee AG 2035/2014, 322/2013, 349/2013, 3350/2015, 4835/2013, 7FIQ/2013 Thane, Pin Code - 401107,

44. PRADEEP KUMAR P. son of VASUDEAVAN, Date of Birth : 07.10.1982, Age: 81 years, working/worked as: SR. PASSENGER GUARD, under Sr D.O.M. BCT, Western Railway, having office af Mumbai Central, Mumbai 400 008, and residing at : B/4/31, Raw house, Sector-7, Kanda Colony, New Panvel, Navi Mumbai, District Raigad, Maharashtra State, Fin Cade 40206.

12. Dhirubhal Gulabbhal Patel son of Gulabbhai 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 Mumbai Central, Mumbai 400 008, and residing at At Post G-3, Sangath Apariment, Mograwadi, Valsad (Guiaraf) Pin Code 396 001. 7

18. YOGESH M. MAKWANA, son of Maganbhai N. Makwana, Date of Birth:

07.01.1987, Age: 47 years, Sr. Passenger Guard, Batch Gat 4600 under C/o AR.O. Churchgate, Churchgate Station, Western Railway, Mumbai 400 020, and residing atB-2/61, Subhash Nagar, Teen Dongri, Goregaon (West), Mumbai 400090,

14. SHAMSUR REHMAN KHAN SURI son of MOINUR REHMAN KHAN SURI, Date' of Birth : 12.07.1952 Age: 61 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 : Building No.55, ard Floor, Flat No.308, Station Road, Mira Road (East), District Thane, Maharashtra State, Pin Code:401 107.

45, CHIMANBHAI LIMJIBHA! VASAVA son of LIMJIBHAL KILABHAL VASAVA, Date of Birth: 06.10.1955 Age: 58 years, workings worked MAIL/ EXPRESS GUARD, under Station Master, Western Railway, having office at Surat, Gujarat, and residing at 10, Vallabha Nagar Cooperative Housing Society, Ganeshoura, Amroll, Surat, State of Gujarat, Pin Code - 384 107.

16. BALDEVSINGH DIPSINGH VASAVA son of Dipsingh Gulabbhai 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 Surat, Gujarat, Pin Code 494 107, and residing at: 179/D, Railway Colony, Surat, State of Gujarat, Pin residing at Code 494107,

17. SHIMP] SOMNATH NARAYAN, son of Simpi 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 Road, At Post ~ Nandurhar, District Nandurbar. State of Maharashtra -Pin Code - 425 412,

18.RAMA. SINGH YADAV, son of SUKHANANDAN YADAV Date of Birth:

01.06.1951, Age: 62 years, working! worked as: MAIL EXPRESS GUARD, under Station Manager, Mumbal Central, Western Railway, Mumbai Division, OA Nos.210/2013, L25/2016, 4972014, au S0S/2014, 32272015, S49/2013, 3350/2013, » $83/2013, FIS2015 Mumbai, having office at Mumbal Central, Mumbal 400008, and residing at Sector-8, Survey No.004, "C" Wing, Vasant Nagri, Vasal (East), District-Thane, Stats of Maharashtra, Pin Code -401 208.

19. PRABHAKAR GANPAT GAONKAR, son of Ganpat 5. Gaonkar, Date of Birth: 12.12.1954, Aga: 59 years, working/worked as « MAIL GUARD, under Sr. D.O.M. 8CT, Western Railway, having office at Mumbai Central, Mumbai 400 008, and residing af : 106-B, Sal Dham Apartment, R.R. Thukar Marg, Near Gunesh Hotel, Jogesnwar {East}, Mumbai, Pin Code: 460 680,

20. KANUBHA! 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 af Mumbai Central, Mumbai 400 008, and residing at At Post Udvada (R$), Tal- Pardi, District-- Valsad, State of Gujarat, Pin 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, under Senior DOP&T OM Office Memorandum -- BCT, Western Railway, having office at Murnbal Central, Mumbai 400008, and residing at Vilage and Post Office - DARF, District : Kangra (H_P.) Pin Gode -176 089.

22, SHAIKH AYAZ HUSSAIN son of Mohd. Hussain, Date of Birthe-18.04.1980.. Age: 53 years, working/worked as: MAIL- EXPRESS GUARD, under Sr. D.O.M, BCT, Western Railway, having office at Mumbai Central, Mumbe! 400.008, and residing at 47/CR, Agri Pada, Railway Col lony, Mumbai. Gentral, Mumbai 400 O68.

23. PRAKASH NARAYAN MISHRA son of Shri Pushkar Narayan Mishra, Date of Birth: 04.01.1949, Age: 65 years, working' worked as: MAIL/ EXPRESS GUARD MUMBAI CENTRAL, under Station Superintendent, Western Railway, having office at Mumbai Central, Mumbai 400 008, and: residing ab A/@02, Alaknanda CHS, Sector-2, Vasant Naor, Vasal (East), Pin Code 401 208.

24. SURAT! PRAVINBHA! KARSHANBHA! son. of Surafi Karshanbhal Nanubhai, Date of Birth: 12.10.1958, Age: 55 years, working! worked as MAIL/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, Amroli, Surat Gujarat, Pin: Code No. 384 107.

25, NANDANOORI CHANORA: SEKHAR son of Nandanoorl Ranganatham, Date of BINH: 28.07.1959. Age: 54 years, workingiworked as: SR. PASSENGER GUARD, under Cfo ARO. Churchgate, Churchgate Station, Western Railway, Mumbai 400 020, and residing af Western Railway Quarters, No. 84/5, Near Railway Station, Andheri (East, Mumbai 400069.

-Applicants.

Versus

1. Union of india, Through Secretary, Railway Board, Rall Shawan, New Delhi, OA Nos.210/2013, (25/2016, 497/2014, SUS/2014, 3822/2013, 349/2013, 350/2013, 4832013, FIS2013 Pin Code- 110 001.

2, The General Manager, Headquarters Office, Western Railway, Churchgate, Mumbai 400 020.

3. The Divisional Railway Manager, Office of the Divisional Railway Manager, Western Railway, Mumba! Division, Mumbal Central, Mumbai, State of Maharashtra, Pin Code: 400 008.

- Respondents.

Appearances: -

Shri R. G. Walia, learned counsel for the applicant in OA Nos. 2BiG/2013, 25/2016, 4387/2014, BQ /2014, 3223/2013, Pis/2o13, Shri Joa D'souga, Learned counsel for the aopiioants in O& Nos.349/2013, 3580/2013.

Shyei S. ¢. Ghawan, learned counsel for thse Shri S§. Ravi, learned counsel for the respondents in OA No. 1285/2016 Shri ov. S. Masurkar, learned counsel for the respondents in OA »497/2014, 5038/2014, 3822/2013, Ch meh peo © Co pet tat 349/2013, 3590/2013, 4483/2013 anc These applications have been filed under Section 19 of the Administrative tribune is Act, i985 seeking the reliefs as under in oA QA Nos.210/2013, 125/2016, 497/2014, al 3039/2014, 3322/2013, 349/2013, 3530/2013, 4835/2013, 7192015 No.210/2013:

"a. This Hon'ble Tribunal may be pleased to call for the records and proceedings which. led to the passing of the impugned order dated 43.12.2012 and 15.02.2013 passed by the Respondants and after going through its. propriety, legality and constitutional validity be nleased to quash and set aside the same with full consequential benefits.

b: This Hon'ble Tribunal will be pleased hold and declare that the Orders dated 224.2040 and 2.62010 as far as the present Applicants are concerned are Jegal 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 recovered fram the Applicants with 185 interest par annum tl the payment is made.

a. Ths: Hon'ble Feibunal will be peasee to order ard siect the amount nq cases of the Applicants who have reti red from: service with 18% inférest thereon ull actual payment.

-e, Cost of this original Application is provided for:

f.Any other and further orders as this Hon'ble Tibunal may deem Fit, proper and necessary in the facts and circumstances of the case.' Reliefs in OA No.128/2016 "a)This Hon'ble Tribunal may be pleased fo call for the records and proceedings which led to the passing of the impugned orders dated 13-12-2012, 12-09-2013, 11-06-2014, and 02-07- 2014 and after going through its propriety, legality and constitutional validity be pleased to quash and set. asile the same as far as it relates to the Apoplicanis with full consequential benefits of arrears or salary with 21% interest thereon.

b) This-Hon'ble Tribunal wil be pleased to hold and declared that the impugned action / orders ag are challenged in this Original Application absolutely illegal, wrong and in violation of the settled law as declared by various Tribunals, High Court and Supreme Court in respect of) & Hl MACP benefit in GP 4800 & 4806 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 & 3rd MACP respectively and accordingly direct the Respondents to grant / fix OA Nos.210/2013, 1252016, 4987/2014, oa $63/2014, 322/2013, 3492013, 3350/2015, 4853/2013, FLO/2013 the pay and salary of the Applicants frorn the date they complete 10 years in the Grade Pay of Rs.4,200/- by effecting Grade Pay of Rs.4,800/- towards 2° MACP and after another 10 years fo grant Rs.4,800/- (or equivalent grade} towards 3° MACP with full consequential benefits and arrears of pay and salary with 27% interest thereon. c)This Hon'ble Tribunal may further be pleased to hold and declare that the impugned Railway Board letier dated 12-

09-2073. cannot be relied upon fo deny the benefit of 2nd MACP in Rs.4,600/- and the 3rd MACP In Rs.4,800/- fa the Applicants on completion of 10 years In a particular grade."

Reliefs in OA No. 497/2014

a. pleased to call for the recards and proceedings which led to the passing dated of the impugned order 15.7.2014 and 08.2074 and also a Show Cause Notice dated 06.06.2014 passed by the Respondents and after going through its propriety, legality $4 and constitutional validity be pleased to quash and set aside the same with full consequential benefits.

b. 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 jegal and proper and the Applicants are entitled fo 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 frorn the Applicants with 18% interest per annum till the payment is made.

d, This Hon'ble Tribunal will be pleased to hold 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 fi, 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 fo call for the records and proceedings which led to the passing of the impugned order dated 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 and constitutional validity be pleased to quash and set aside the same with full consequential benefits.

DOA Nas.210/2015, L25/2016, 4977/2014, 24 SO3/2014, 3223/2013, S4O/2013, 3550/2013, 483/2013, 7719/2013 b. This Hon'ble Tribunal wil be oleased hold and declare that the Orders dated 13.01.2010 as far as the present Applicants are concemed are legal and proper and the Applicanis are entitled ta the benefits which acorued to them from the said Orders.

¢. This Hon'ble Tribunal will be pleased fo order and direct the Respondents to refund and return any amount if recovered from the Applicants with 18% Interest per annum fil the payment is made.

a. This Hon'ble Tribunal will be pleased to hold 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, Cast of this original Application is pravided far:

d. Any other and further orders as this Hon'ble Tribunal may deem ft, proper and. necessary in the facts 'and circumstances of the case."

Reliefs in OA No.322/2013

"8.1 This Hon'ble Tribunal will be pleased to call for the-records and the Proceeding and after perusing the same, be pleased to Grant the benefit of ACP/MACP with effect fram O4+.09.2008 8.2 Further be pleased to direct the Respondent No 2 & 3 to refix the pay of the Applicant in the light of the ACPAMACP and after fixing the Pay along with arrears and. interest thereon, admissible under the provision of the Law.

8.3 Te hold and declare that the action of the Respondent Authorities is discriminatory in nature and violation of Art 44 and Art 18 of Constitution of india.

8.4 To grant any such other and further Reliefs as may. be deemed fit and proper in the facts and circumstances. of the case."

-- Reliefs in OA No.349/2013

fa] Quash and set the impugned Onder dated 16.02.2013 and 13.12.2042 (ann. A-} BATU}.

fi] Direct the respondents to continue the benefits of Grade Pay of Rs.4600/- granted to them under the MACP Scheme. --

ic] Saddle the cast.

id} Any other.

OA Nos.210/2013, 3 125/2016, 4979/2014, eo gar 503/201 4, 322/2013, 349/2013, 350/2013, 4839/2013, 71972013 Reliefs in 3506/2013 fa] Quash and set the impugned Onier dated 15.02.2013 and 13.12.2012 fann. A-1 & A-T)).

fH] Direct the respondents to continue the benefits of Grade Pay of Rs.4600/- granted fo them under the MACP Scheme.

fo} Saddle the cost.

fd] Any other.

Reliefs in OA No.483/26013

"a) This Hon'ble Tribunal may be pleased to call for the records and proceedings which led to the passing of the impugned order dated 25.07.2013 by the Respondents and after going through its nropriety, legality and Constitutional validity be pleased fo quash and set aside the same with all consequential benefits.

b) This Hon'ble Tibunal will be pleased to hold 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 fo them from the said orders.

cy Cast of this Original Application is pravided for.

d)} Any other and further orders as this Hon'ble Tribunal may deem i, Proper and necessary in the facts and circumstances of the case."

Reliefs in OA No.719/2013

"a) This Hon'ble Tribunal may be pleased to call for the records and proceedings which led fo the passing of the impugned order dated 13.12.2012 passed by the Respondents and after going | through its propriety, legallly and constitutional validity be pleased to quash and set aside the same with full consequential benefits.

b. This Hon'ble Tribunal will be pleased ta hold and declare that the Applicants are entitled to the Grade Pay of Rs.4600/- on compietion of 20 years of service and Rs.4800/- on completion of 30 years of sarvice under the MACP Scheme and accordingly refix their pay _ and pension (of Applicants who have retired).

c. This Hon'ble Tribunal 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, L2S/2016, 49 7/2014, 26 SOV 2014, 3922/2013, 34972013, 3350/2013, 4832013, TIG/2O1S Rs 4800/- on completion of 30 years of service with. arrears of difference of salary, pay and pension and other retiral dues with 21% interest therean tl actual payment. qd. This Hon'ble Tribunal wil be pleased to order and direct the Respondents to fix the pay and pension of the Applicants in the Grade Pay Rs.4600/- on completion of 20 years of service and Rs.4800/- on completion of 20 years of service under the MACP Scheme. .

e, Cast of this original Application is provided for, f. Any other and further orders as this Hon'ble Tribunal may deam fit, proper and necessary in the facts and circumstances of the case."

2. The applicants in all the above OAs are sought by the applicants in all the OAs -are stated fo be identical and therefore with the consent of the parties all the aforesaid OAs have been heard together ang are being disposed of by a common order.

3. . The applicants commenced service with the respondents as the Goods Guard and moved in the career as Senior Goods Guard, Passenger Guard and Mail Express Guard ab various points of the Goods Guard was fitted oy to 0 a .

rs in the Pay Band-1 with Grade Pay Rs.2800 whereas the higher level posts of Senior Goods Guard, Passenger Guard and Guard (Mail Express) were all OANos.21 0/2015, 1252016, 4977/2014, S03/2014, 3222/2013, S49/2015, 3350/2013, 48/2013, 7192013 fitted in PB-IIT with Grade Pay of Rs.4200. The applicants received one promotion from the Goods Guard to Senior Goods Guard and after grant of the

--

benefit of MACP Scheme in the & ft vad Pay of Re. 4600/ and 48o00/~- in consecutive up-gradation, the respondents have withdrawn the said benefit under the MACP on the ground that their promotion from Sanior Goods Guard to Passenger Goods Guard and then to Guard (Mail Express}, 'represented promotion and they would only be entitled for pay fixation in the same GP.

4. Tt is the claim of the applicants thet the moment those promotional posts ars kept in identical pay scale with identical Grade Pay can : ite not be counted as promotion for the purpose of ct refusal of the benefits under MACP up-gr ions and they are entitled to the 2" and 3° up- gradations on the respective dates of eligibility to the levels of GP 4600/~ and 4800/-.

§. The learned counsel for the applicant + z * relies on a catena of judgments which include the ~~ Sudgment of the Hon'ble High Court of Madhya OA Nos.2 10/2013, P2S/2016, 497/201 4.

28 502014, 322/2013, 3495/2013, 3350/2013, 48V2013, 71/2015 Frasdesh at Jabalpur dated 20.11.2015, in WP No. 13031 /2013 the Hon'ble High Court took note of the para-9 of the earlier decision of the Ernakulum -Bench of this Tribunal which was favourable to the applicants and on challenge the After elaborate discussion on the yarious arguments preferred by the pstitioners and the respondents, the Hon'ble High Court of Madhya Pradesh held in para-10 and 11 as below;

"10 : We have no hesitation in accepting the aforesai reasonings. of the Division Bench ilahabad High Court, for the simple fan that oa categorical statement should have been made Ln that the petitioners herein fact persons like respenden granted the benefit. of pr lon in terma-cf the Regquiations or Rules made by the a movement of Senior Goods. Guard post of Passenger Guard was not to .b treated as a promotion unless otherwise vrovided under the Service Ruies. te it Was a promotion, in wha manner such consideration was done and whether that was granted to the persons like respondent in due course petitioners in. due. course of | time including the Financial benefits and upgradation. Secondly, merely because of the merger of tine. pay sc any e 2 A OA Nos. 210/2013, 1238/2016, 497/20 14, 503/2014, 322/2013, 349/2013, 350/201, 483/2013, TIO/2013 oo of jeamployment in. terms of those Regulations or not, was required to be proved by the petitioners. Nothing in that respect has been produced befo the Tribunal. A. bald statement chat the MACPS would not be applicable in case of persons like respondent is nat enough since it is xvequired to be demonstrated by a petitioners themselves that the said MACPS is made for a specific pur roose and for specific class of employees who have remained in stagnation in the matter ef promotion for a long time. Broadly interpreting the provisions Or paragraph 5 and 8 of the aforesaid MACPS, we are of the considered opinion that no error of law was committed by the Tribunal in making the said Scheme applicable for the persons LiKe respondent. However since certain facts were not clarified by the petitioners before the Tribunal, that opportunity to canduct IE 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 consi idered opinion that even such an tunity was not required to ob granted to the petitioners in view of the fact that though petitioners being employer were having all the information in respect af 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 to disturb the said liberty granted by the Tribunal for the reason the said aspect is not called in question by the respondent before us.

8 6G "r G o rt c 33 OA Nos:2 10/2013, 1235/2016, 4972014, 0 S03/2014, 322/2013, 3402013, 3950/2015, 4335/2013, 71972015 Sad iio: In wiew of the discussians mad herein above, we ind mo force these writ petitions, which deserve be and are hereby dismissed. Howev oo.

3

rh hay be.

Oo ct rt Var, isoking to the facts and circumstances of the case, parties to the writ petitions to bear their own cost. Ordered accordingiy."

6. The learned counsel for the applicant also referred to the orders of the Hyderabad Bench cases which refers to the various decisions of the. Jaipur, Ernakulum, Ranchi and Jabalpur Benches o this Tribunal and the judgment of the Hon' Court of dharkhand and Allahabad and further

-yeldes on the decision of the Principal Bench of this. Tribunal in OA No.il41l/2012 which in. turn rélied on the judgments of the Hon'ble High Court of Delhi in WPic} 3420/2000 which relates to tha demand of nurses in the Ministry of Health for grant of MACP and had recorded as follows:

"13. Being or the subject the Renourable Frincipal Bench of this Tribunal ain OA 214i of 2012 quoting Honourabie Osihi High Court judgment ee L in WEEC} No.3420/2010 reproduced below, has upheld the principle of OA Nos.210/2013, 1235/2016, 4597/2014, 3k $03/2014, 322/2013, = 349/2013, 3302013, 483/2013, 719/2013 granting next grade pay.

'i. Whetever may be the dispute which may be raised with reference to tne language of paragraph 2 of the MACPS the illustration as per para € of annexure 1 to the OM, contents whereof heave besn extracted hereinabove, make it clear that it is the next higher Grads Pay which has to be given and not the grade Pay in the next hierarchical post and thus we agree with the respondents that inspectors have to be given the Grade Pay after 10 years of Rs.4800/- and not Rs.8400/- which is the grade Pay in the hierarchy of posts. Hence, in view of the Judgment of the Hon'ble High Court, it is eavident that the next higher Grade Pay has to be given and t 3 ~ «, " - = at the Grade Pay in the next ha Tt ais immaterial $ ra ® rr Py Sui Bye x t at the next hierarchical post is DNS and on that post the Grade Pay is Rs. 5400/- but while granting the third nanc upgradation under MAC he 3 oP be @ fe. F om § i Pa ' & i fits to the granted as er provisions thereof, and it 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 tne i 2 is the Grade Pay of Rs. 6600/- whic! next Grade Pay.

9. Hence, in view of judgment of the Hontble High Court of Delhi, in view of the wordings oF the MACPS, as well as in view of the MACPS allowed to the ANS of ATIMS, the applicants are antitied te the Grade Pay of Rs. 6600/- and not Rs. 5400/-. The order passed 6 1 a & oa yy Yt ua tf os mo CL wy he the respondents dated 20, not in accordance with the OA Nos.210/2013, 1235/2016, 4907/2014, 5035/2014, 322/2013, 349/2013, 350/2013, §$83/2013, 719/2013 tae i Zf 28 ag@inst the very spirit of MACPS, and if the contention of the respondents is to be accepted, then to financial upgradation will be given to the ANS even after grant eof third MACPS, which is mot the intention of introduction of the MACP Scheme, and the applicants are entitied to the Grade Pay of Rs. 6800/- and ne recovery will be made from the applicants of the aifference paid to them. The oA deserves to be aliowed,.'

14. The respondents moved the Honourable Supreme Court against the Judgment of the Honourable High Court of harkhand in SLP 4501/2017 dt 24.03.2017 but it was dismissed "As it 4 as was found that there was no reasons: to intervene. Similarly the verdict of the Honourable High Cour eres ahabad Ww upheld by the Supreme co ee in.SieP N 13 §2i of 2014 db. 39.08.201 st o esa O

7. The Bench also noted the dismissal of SLP Ne. 4501/2017 vide order dated 24.03.2017 against the order/judgment of the Hon'ble High Court of > Jharkhand and in similar terms the Judgment of the te Hon'ble High Court of Allahabad was upheld by the fom mS x BD a } 4 Ete [en oB.

cr a Hon irle Apex Court No. 29.08.2014. The learned counsel for the apolicants % also invites our attention to the para 15 of the order/judgment dated 10.10.2018 of the Hyderabad Rench which records as bslow:

OA Nos.202013, 125/2016, 497/2014, 33 5303/2014, 322/2013, i. 349/2013, 350/2013, 4835/2013, 719/2013

15. When different divisions of the sam@ zone i.e. South Central Railway and the Azgmeer division of North Western Railway zone coming under the same Railway Ministry, extended ths 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 Baiiways, was to extend the similar benefits as was observed by the Honourable Supreme Court in G, ¢C. Ghosh Vs. Union of India reported in 1992 (19) ATC $4 where it was held as under:

ight of the command of Article i]4 and i6 of the Constitution : ame treatment is Pred to be accorded fo the Teque oo petitioners regardless of the fact that they are serving the Eastern Raiiway unless it is shewn that there 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 not uncommon in various grades and in various departments which the Pay Commission is conscious of. And, equally conscious has been the Fay Commission when it introduced in MACP Scheme the "next higher grade pay." Instead of recommending the grade pay attached to the promotional cost, the Pay. Commission recommended next higher grade pay as financial upgradation. This conscleus decision would be frustrated and stultified if due regard to the term 'next higher LS not the pay' af grade Pay granted, wee ACE eariter the higher promotional contenpl ates Grade Fay.

Rs.L800, 1900, 4800, 5400, 6600, aeey next nancial Tt pay Lge & ohh vatta the Grade Grada in aS the stagnates Rs. 4, 200/~ promotion ns. 4, A007 grant. of would be the are and not 4,806 grade envisaged i in thus, independent attached Lo the post . ar which > he

8. While passing derabad Bench alsa should treat their guidelines drive simitarly eliefis to this Railway Board.

given promotio in contra Scheme, scale attachs post, The Grade 2000, nigher upgra has no a Qn. ¢ Rxanpls, promotional pos Pay.

the without carries a grade pay. of bec financial updradati h ds Pay orders held that the orders an in the OA are OA Nos. 2106/2613, 1235/2016, 4977/2014, SON2014, 322 2018, 349/2013, 3502013, 4837/2013, 7189/2013 and the Grade nal post is distinction & which £ © ct he Sy Or gms atfo cd oka wi ocr © OE O, pe 3 ee rg the next high consists 4200, 460 Grant of Grade Pay is dation under the nexus with the the promotional may and ou "TS om Oo 0 fh by * m ~ the Pay 2400, ete. é et oo vO a feeder post getting next entitled for on, which of Rs. 46a0/-

"this next higher the MACP- Scheme, is of the grade pa ay next promotional ORES re in the matter the respondents only the order fo not fedn & ih Sm & 0 for simitar are working in OA Nos.210/2013, 125/2016, 497/2014, oe oe $03/2014, 32/2013, | 349/2013, 350/2013, 4835/2013, 7i9/2013 e @

9. 7 OT learned counsel for the applicants % as in o affirms that all these judgments have already oh been implemented and submits that he has evidence to show that the decision in the judgment of the Ron'tble High Court of Allahabad has since been implemanted.

is. Further, he also relied on the judgment of the Ernakulum Bench of this Tribunal dated 12.04.2019 in OA No. 917/2014 which had duly noted that the fact that its previous order had been stayed by the Hon'ble High Court of Kerala but then goes on to record that the same cannot be yeason te disagree with the decision of the Bench 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.

o arned counsel for the respondents fut rae ta om iD i A es Bench at Ernakulum had also been taken to the 5 Hon'ble High Court and orders were awaited and would presumably be heard along with the case which has already been stayed. Ne argues that the decision of the Bench at Hyderabad and of Jabalpur all rested eventually on the original decision of the Ernakulum Bench. In particular he referred to the applicants set out in the recent order dated 11,04,2019 of the Ernakulum Bench which states that the Various posts involved in the career progression of the applicants have not been merged but only their scale have been merged to the extent that certain. posts now have GA Nas.210/2013, (232016, 487/201 4, 503/2014, 322/2013, 3495/2013, 3230/2013, 4$99/2013, FLO2013 the same Grade Pay and therefore, the applicants were only antitied to pay fixation as recommended by the /Authorized body which is the 6° CPC and the applicants were therefore entitled only to pay rixation as prescribed.

42. He further contends that the concerned posts are stated to subsist and are nob merced even today and are not merged. With regard to the reliance on the dismissal on the Hon'ble Apex Courk £ learned counsel for the respondents efe to the compilation of Yudgments submitted by him which ineludes the quidelines &£ out in GA Nos.210/2013, 125/2016, 497/2014, 37 $03/2014, 322/2013, | 4349/9013, 350/2013, 483/2013, 719/2013 the case ci KRumali Ahmed and Ors. reported in 2000 (6) S8cc 359 dated 18.07.2000 to argue that the feeed Oo rh ct i © mere dismissa SLP will not become a required to Q. binding precedent and this Tribunal i of consider that the original order/judgment of this Tribunal at Ernakumumn 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 rhe challenge before the Hon'ble High Court of Kerala and the same are yet to be adjudicated.

13. We have heard the learned counsels for 4%, the parties and have car 4 fully perused the case record,

14. Tt is an admitted fact that the reliefs have been granted by order and judgments of % various benches of this Tribunal and the Hon'ble $ igh Court(s) at various lecations to similarly be Es placed persons. The facts are similar in these cases and the Logic adopted in them are in similar lines. ft is alse not in dispute that the judgment of the Hontble High Court of Allahabad, referred OA Nos.2 10/2013, TRA/2016, 497/2014, 38 SO3/2014, 3223/2013, 34972013, 3560/2013, 4835/2013, FIGS2OT3 to herein above has attained finality in as much as the same has been implemented by the respondents i.e. other zones of the Railway. It is also evident from the aforesaid that the judgment of the Ranchi Bench of this Tribunal has attained

15. We cannot ignore the fact that the judgment. of the Hon'ble High Courts are binding wpon this Tribunal.

1s. In these circumstances, these OAs deserve ro be allowed and are accordingly ailowed.

17. Theorders impugned in the respective OAs gradation to the applicants in immediate next higher grade(s) pay under MACP to the applicants from the dates from which the same have become due to the applicants along with the consequential QA Nos. 2162013, L25/2016, 4972014, 403/2014, 5322/2613, 8349/2013, 3580/2013, 48372013, FLS2013 Let Se and other admissible benefits flowing therefrom with interest @ 6.5% o.a. om the arrears. is. Tt is Further directed that in case any recovery has been made from the applicants in view of the impugned orders, the respondents are directed to refund the same to the respective tf ce £4) cf rt x & ty ee ct 2B o ity Or Crt oe uo ', applicants with intere from the date the same was recovered till payment thereof.

19. The aforesaid exercise shall be completed by the respondents as expeditiously as possible and in any case within 10 weeks from the date of receipt of certified copy of this order.

20. There shall be no orders as to coats.

(RNSingh) (R.Vijaykumar) Member (Judicial) Member (Administrative) V. > oy FF a J 43 & aE ed ef of rd ry G3 ita We OF, Zi % 4 os O16, AD eg ' es re ca EM wl Das ys st $4 Mon, Sing is9) Be aA i. Pa iV * oy z Ch 3 Ge OS s Ps Mm bye he a my op wen e od > me8 at A§S7/2014, $03 /20 3 3 BS whee 4 + mw 3 NS 2 O46 S Hs am: Sinn ay ood 5 ve me ™m 63 n A Tc oft "3 os hs Oh "5 us A 2 ty 4 w ay aes preg + GA Nos, 2410/2043, 1257 GO a Y 3 6m oe 6G $4 oy a ia 43 oh 2 of geo a 6 it = ae 3 7 ry t Js a EO 8 6 5 % mF Oy 4 0.

ee Pape te Be aa) a " hy ) ae coe ay i < 6 4k @ ie * Feet gd OO fA mi as i on a TG @ w 4 33 me Mi - ( = Oe ST KS i Ee eon rh ° 4 p.3 hey + Ad roa 5 ; 4 os '.

+ mgm «ts ved a "e5 : é * ys 43 : iD we ny 4 at Sof ha { ve. -

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