Central Administrative Tribunal - Allahabad
Vijay Shanker Tripathi vs North Eastern Railway on 2 May, 2024
Open Court
Central Administrative Tribunal,
Allahabad Bench,
Allahabad
th
This the 02 day of May, 2024
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Original Application No. 456 of 2024
1. Vijay Shanker Tripathi aged about 61 years son of Shri Prem
Narayan Tripathi, retired Train Manager (Mail/Express), N. E.
Railway, Lucknow Division, H.Q. Gorakhpur R/o 141/353-
Humayunpur South, near Amar Singh School, Gorakhpur (retired on
30.06.2023).
2. Arshad Shamim Siddiqui aged about 61 years S/o M.S.Q. Siddiqui,
retired Station Master, Pepeganj, N. E. Railway, LJN H.Q.
Gorakhpur R/o- Kholi No. 3, Jafra Bazar, Gorakhpur (Retired on
30.6.2023.
3. Pramod Kumar Tewari aged about 61 years S/o Shri H.P. Tewari,
retired Station Superintendent, Jhilohi, N.E. Railway, Gorakhpur,
R/o- 715/M Ram Janki Nagar, Parwatipuram, Near Shiv Mandir,
Gorakhpur. (Retired on 30.6.2023).
4. Subodh Kumar Gupta aged about 61 years S/o Shri Ram Nagina
Gupta, retired Senior Technician (Signal Maintainer), N. E. Railway,
Lucknow, H.Q. Gorakhpur R/o-House No. D/288- Surya Bihar, Suraj
Kund, Avaas Vikas Colony, Near Khusboo Marriage Hall,
Gorakhpur (retired on 30.06.2023
5. Nanhaki Devi aged about 61 years W/o- Shri Uma Shanker, retired
Senior Porter (Traffic), DRM (Optg.), N.E. Railway Varanasi R/o-
Village: Haripur, Post: Bansdeeh Road, District: Ballia. (Retired on
30.06.2023).
1|Page
6. Harish Kumar Singh aged about 62 years S/o- Shri Niwas Singh,
retired Chief Trains Clerk, N.E. Railway, Lucknow Division, H.Q.
Gorakhpur R/o- House. No. 1140, Mohalla: Mohaddipur, Post:
Koonda-Ghat, District: Gorakhpur (Retired on 30.06.2022).
7. Ashok Kumar Gupta aged about 62 years S/o- Late Shri Ram Awadh
Swarnkar, retired Senior Technician ian (Signal Maintainer), N.E.
Railway, Lucknow Division, H.Q. Gorakhpur R/o- Maya Bazaar,
South Gate, Side of Shiv Mandir, Gorakhpur (Retired on 30.6.2022).
8. Vishnu Dev aged about 63 years S/o-Shri Chhotu Ram, retired Senior
Technician Carpenter, Mechanical Workshop, Ν.Ε. Railway,
Gorakhpur R/o- H.No. 285-M Maharana Pratap Teacher Colony,
Nakaha No. 1, Post: Basharatpur, Gorakhpur (Retired on
30.06.2021).
9. Krishna Nand Gupta aged about 63 years S/o- Jawahar Lal Gupta,
retired Senior Technician (Switchboard Attendant), N.E. Railway,
Gorakhpur R/o- House No. C/143/471, Aundhiyari Bagh,
Gorakhnath Gorakhpur U.P. (Retired on 30.06.2021
10. Rajeev Pal aged about 64 years S/o Shri Jai Singh Pal, retired
Enquiry cum Reservation Clerk, N.E. Railway, Izzatnagar, Bareilly
H.Q. Gorakhpur R/o- Vaishali Colony, infront of Sugar Mill Colony,
Kashipur, Udham Singh Nagar (Uttrakhand). (Retired on
30.06.2020).
11. Shreekant Singh aged about 64 years S/o Shri Shyam Nandan Singh,
retired Accounts Assistant, under Principal Finance Advisor, N. E.
Railway, Gorakhpur R/o- 747N, Ram Janki Nagar, Post: Basharatpur,
Gorakhpur (retired on 30.06.2020).
12. Ram Krishna Chauhan aged about 64 years S/o Shri Gabbu Lal,
Retired Guard (Mail/Express), N.E. Railway, Lucknow Division,
H.Q. Gorakhpur R/o- Dharmshala Bazar, F.C.I. Taxi Stand, Jatepur
South, Gorakhpur (Retired on 30.06.2020)
2|Page
13. Fakeer Chandra aged about 65 years S/o Shri Kashi Ram, retired
Track Maintainer Grade-II, N.E. Railway, Izzatnagar, Bareilly, HQ
Gorakhpur R/o- Hasanpur Uttari, Swar, Post: Rahmatganj, Rampur.
(Retired on 30.06.2019)
14. Ashok Kumar Rai aged about 65 years S/o- Shri Paras Nath Rai
retired A.S.I./RPF N.E. Railway, Izzatnagar Division, H.Q.
Gorakhpur R/0- Durga Palpur Parma, Beri Padao Haldwani, Post:
Matahaldu, District: Nainital (retired on 30.6.2019).
15. Krishna Kumar Sharma aged about 65 years S/o- Shri Ram Sharma,
retired Track Maintainer Grade-I, N.E. Railway, Izzatnagar R/o-
Rajendra Nagar, Kharagpur, Devipur, Kashipur (near Telephone
Exchange), Kashipur. (retired on 30.06.2019)
16. Madan Mohan Singh aged about 66 years S/o Shri Rama Shanker
Singh, retired Loco Pilot (Mail/Express), N.E. Railway, Varanasi
H.Q. Gorakhpur R/o- Village: Maanpur, Post: Chitbadagaon,
District: Ballia (Retired on 30.06.2018)
17. Madan Ram aged about 66 years S/o- Shiv Baran, retired Hospital
Attendant, Medical N.E. Railway, Varanasi H.Q. Gorakhpur R/o-
Village: Shripur, Post: Takarsan, Bansdih Road, District: Ballia
(Retired on 30.06.2018).
18. Rajjan aged about 66 years S/o- Shri Babu Lal, retired Helper
Khallasi, N.E. Railway, Kashipur, H.Q. Gorakhpur R/o- Rajeev
Nagar Colony, Ward No. 13, Bazpur District: Udham Singh Nagar
(retired on 30.06.2018).
19. Harish Chandra Barthwal aged about 66 years S/o Late Shri
Sachhida Nand Barthwal, retired Station Superintendent, Chattarpur
N.E. Railway, Izzatnagar, H.Q. Gorakhpur R/o. Preet Vihar, Lane
No. 03, Kanharwala, Bhaniyawala, Doiwala, Dehradun (retired on
30.06.2018).
3|Page
20. Ashok Kumar Verma aged about 66 years S/o Shri Ramji Verma,
retired Senior C.D.I. Gorakhpur, R/o- House No. 386- A, Adarsh
Nagar (Near Central Bank), Krishna Nagar, Post: Basharatpur,
Gorakhpur (retired on 30.06.2018.
21. Santosh Kumar Srivastava aged about 67 years S/o Late Shri Kripa
Shanker Srivastava, retired Station Superintendent, N.E. Railway,
Fefna, Varanasi Division, H.Q. Gorakhpur, R/o- Jaapleenganj,
(Behind Ram Leela Stage), Ballia (retired on 30.06.2017.)
22. Gobardhan Prasad aged about 67 years S/o Late Shri Jagdish Prasad,
retired Station Superintendent, Tajpur Dehma, Varanasi H.Q.
Gorakhpur R/o- Village and Post: Chitbaragaon, District: Ballia
(retired on 30.6.2017).
23. Shashi Bhushan Pandey aged about 67 years S/o Late Shri Raj
Kishore Pandey, retired Senior Section Engineer (C&W), DRM
Office, Varanasi, H.Q. Gorakhpur R/o- Village: Nasiruddinpur, Post:
Khetabpur, Kasamabad, Ghazipur (retired on 30.6.2017
24. Ashok Kumar Mishra aged about 68 years S/o- Late Shri A.N.
Mishra, retired Chief Commercial Inspector, Kashipur D.R.M.
Izzatnagar, H.Q. Gorakhpur R/o- House No. 7, Sanskriti Homes,
Vaishali Colony, Near P.N.B., Kashipur, Udham Singh Nagar (U.K.)
(Retired on 30.06.2016).
25. Ram Narayan Singh aged about 68 years S/o Late Shri Ram Briksh
Singh, retired Goods Guard, N. E. Railway, Varanasi Division, H.Q.
Gorakhpur R/o- Village: Kusumha, Post: Bardeeha Dal, District:
Deoria- U.P. (retired on 30.06.2016)
26. Balbhadra Singh aged about 68 years S/o Late Shri Saryu Prasad
Singh, Retired Goods Guard, N.E. Railway, Varanasi H.Q.
Gorakhpur, R/o- Village: Haripur, Post: Banshdeeh Road, District:
Ballia (retired on 30.06.2016)
4|Page
27. Chhedi Lal aged about 69 years S/o- Late Shri Heera Lal, retired
Traffic Inspector of Accounts, N.E. Railway, Gorakhpur R/o- House
No. 073, Hazaripur, Gorakhpur (retired on 30.06.2015).
28. Yogendra Nath Kunwar aged about 69 years S/o-Late Shri Ayodhya
Nath Kunwar retired Senior Section Officer (Accounts), under
P.F.A./N.E. Railway, Gorakhpur R/o- 228- Nirala Nagar, Hadahwa
Fatak, Basharatpur, Gorakhpur (retired on 30.06.2015).
29. Namdar Khan aged about 69 years S/o- Late Shri Abdul Hamid
Khan retired M.C.M. (C&W), N.E. Railway, Varanasi H.Q.
Gorakhpur R/o- Village: Ghodhara, Post: Ghodhara (Bharsar),
District: Ballia (retired on 30.06.2015).
30. Amresh Singh aged about 70 years S/o Late Shri Raas Bihari Singh
retired Pointsman, N.E. Railway, Varanasi H.Q. Gorakhpur R/o-
Village: Haripur, Post: Sukhpura, District: Ballia (retired on
30.06.2014)
31. Rita Joshi aged about 70 years W/o Shri Pooran Chandra Joshi,
retired Teacher-I, Senior Secondary School, N.E. Railway, H.Q.
Gorakhpur R/o- R.T.O. Road, Chharayal Nayabaad, Haldwani,
Nainital (retired on 30.6.2014)
32. Nandan Singh Bisht aged about 73 years S/o Late Shri Nar Singh
Bisht, retired Station Superintendent, Kathgodam, N.E. Railway,
Izzatnagar Bareilly, H.Q. Gorakhpur R/o- Saket Vihar-I, Himmatpur
Malla, Haldwani Nainital (retired on 30.06.2011)
33. Shanti Devi (family pensioner) aged about 69 years Widow of Late
Shri Nitya Nand Singh retired Wireman (Electrical), N.E. Railway,
Ballia, H.Q. Gorakhpur, R/o- Village: Haripur, Post: Sukhpura,
Ballia (retired on 30.06.2011)
34. Krishna Pal aged about 74 years S/o Late Shri Jeevan Ram, retired
Mate (Engineering) N.E. Railway, Izzatnagar, Bareilly, H.Q.
5|Page
Gorakhpur R/o- Vishal Nagar, Jaspur Khurd, Near Shiva Garden,
Kashipur (retired on 30.06.2010).
35. Vijay Bahadur aged about 75 years S/o Late Shri Rama Shanker,
retired Carpenter, N.E. Railway, Varanasi, H.Q. Gorakhpur R/o-
Village and Post: Karnai, District: Ballia (retired on 30.06.2009).
36. atpal Gupta aged about 76 years S/o Late Shri Sain Das Mahajan,
retired Executive Engineer, N.E. Railway, Gorakhpur R/o- Sukh
Shanti Sadan, Krishna Enclave, Behind Ram Lila Ground, Kashipur
(U.K.) (Retired on 30.06.2008).
37. Lallan Prasad Verma aged about 77 years S/o Late Shri Gautam
Prasad, retired Loco Pilot (Mail/Express), N.E. Railway, Lucknow,
H.Q. Gorakhpur R/o- 780-H, Ram Janki Nagar (West), Basharatpur,
Gorakhpur (retired on 30.06.2007).
38. Details deleted as per the instructions of the Court.
39. Details deleted as per the instructions of the Court.
40. Arjun Lal Tamta aged about 72 years S/o- Late Shri Gusain Ram
Tamta, retired Station Superintendent, Kathgodam, under DRM, N.E.
Railway, Izzatnagar, Bareilly, H.Q. Gorakhpur R/o- Kamla Niwas,
Devkhadi, Damua Dhunga, Post: Kathgodam, District: Nainital.
(retired on 31.12.2011).
........ APPLICANTS
By Advocate: Shri Santosh Kumar Kushwaha
Versus
1. Union of India through General Manager, North Eastern Railway,
H.Q. Office, Gorakhpur.
2. The General Manager, North Eastern Railway, H.Q. Office,
Gorakhpur 273012.
3. The Principal Chief Personnel Officer, N.E. Railway, H.Q.
Gorakhpur 273012
6|Page
4. The Principal Finance Advisor & Chief Accounts Officer, N.E.
Railway, H.Q. Gorakhpur.
5. The Secretary, Railway Board, Railway Bhawan, New Delhi.
..........RESPONDENTS
By Advocate: Shri Chakrapani Vatsyayan
ORDER
Shri Santosh Kumar Kushwaha, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents, are present.
2. Although the matter has been listed under the head of 'Fresh Admission' the same is being heard and decided finally today itself with the consent of learned counsels appearing for both the parties.
3. The compendium of the facts narrated in the instant original application is that the applicants are seeking one notional increment with all consequential benefits with effect from 1st July and 1st January, whichever applicable, of the year in which they retired from Government Service. Details of applicants with their respective date of retirement is as under:-
Sr. No. Name of Applicant Date of Retirement 1 Vijay Shanker Tripathi 30.06.2023 2 Arshad Shamim Siddiqui 30.06.2023 3 Pramod Kumar Tewari 30.06.2023 4 Subodh Kumar Gupta 30.06.2023.
5 Nanhaki Devi 30.06.2023 6 Harish Kumar Singh 30.06.2022 7 Ashok Kumar Gupta 30.06.2022 8 Vishnu Dev 30.06.2021 9 Krishna Nand Gupta 30.06.2021 10 Rajeev Pal 30.06.2020 11 Shreekant Singh 30.06.2020 12 Ram Krishna Chauhan 30.06.2020 13 Fakeer Chandra 30.06.2019 14 Ashok Kumar Rai 30.06.2019 15 Krishna Kumar Sharma 30.06.2019
7|Page 16 Madan Mohan Singh 30.06.2018 17 Madan Ram 30.06.2018 18 Rajjan 30.06.2018 19 Harish Chandra Barthwal 30.06.2018 20 Ashok Kumar Verma 30.06.2018 21 Santosh Kumar Srivastava 30.06.2017 22 Gobardhan Prasad 30.06.2017 23 Shashi Bhushan Pandey 30.06.2017 24 Ashok Kumar Mishra 30.06.2016 25 Ram Narayan Singh 30.06.2016 26 Balbhadra Singh 30.06.2016 27 Chhedi Lal 30.06.2015 28 Yogendra Nath Kunwar 30.06.2015 29 Namdar Khan 30.06.2015 30 Amresh Singh 30.06.2014 31 Rita Joshi 30.06.2014 32 Nandan Singh Bisht 30.06.2011 33 Shanti Devi 30.06.2011 34 Krishna Pal 30.06.2010 35 Vijay Bahadur 30.06.2009 36 Satpal Gupta 30.06.2008 37 Lallan Prasad Verma 30.06.2007 38 Deleted 39 Deleted 40 Arjun Lal Tamta 31.12.2011 They also seek a direction to the respondents to release their entire arrears of pension and other emoluments payable to them as a consequence of the above said notional increment from the due date along with interest.
4. I have heard learned counsel appearing for the parties and gone through the documents on record.
5. Submission of learned counsel for the applicants is that the applicant nos. 1 to 37 got retired on the last day of June in respective years and applicant no. 40 got retired in the last date of December but notional increment falling due on the very next date i.e., 01st of July and 1st of January respectively was not granted to them. Learned counsel further submits that the instant controversy stands well
8|Page settled in light of numerous judgments passed by various judicial forums across the country including that by the Apex Court. Learned counsel also submits that the applicants are liable to be granted the benefit of one notional increment thereby adjusting their retiral benefits accordingly and thus prayer was made that this application be allowed at this stage itself.
6. Learned counsel for the respondents opposed the prayer made by learned counsel for the applicants and argued that the applicant nos. 1 to 37 got retired on the last day of June in respective years and applicant no. 40 got retired in the last date of December in respective years which implies that they were not in government service on the succeeding date i.e, 1st of July and 1st of January and therefore, notional increment cannot be allowed to them.
7. I have considered the rival contentions advanced by the learned counsel appearing for the parties.
8. As the brief of the facts of the case have already been stated above, the same is not reiterated for the sake of brevity. Issue regarding grant of one notional increment to the employee who retired on 30th June of the year was considered by the Hon'ble Supreme Court of India in judgment dated 11.04.2023 passed in case Civil Appeal No. 2471 of 2023 titled The Director (Admn. And HR) KPTCL & ORs.Versus C.P. Mundinamani & Ors. wherein the Apex Court has approved and upheld the view taken by different High Courts regarding grant of one annual increment earned by the employees on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiently. Thus, there is no scope to take a contrary view with the view taken by the Apex Court in the aforesaid case.
9. Furthermore, it would be in the fitness of things to quote the operative portion of the judgment dated 17.12.2021 passed by the Allahabad Bench of the Central Administrative Tribunal in OA No.
9|Page 1070 of 2021 titled Dina Nath Singh Vs Union of India and others. The same is reproduced below:
"11. For the forgoing reasons, the OA is allowed, directing that:
a) For such of the employees, who retired on 30th June of any particular year, increment payable on 1st July shall be extended. Their pensions shall also be revised, subject to their fulfilling other conditions which are applicable. The arrears that become due shall be paid without interest;
b) Similarly for employees, who retired on 31st December of a particular year, the increment payable on the 1st January of the next year shall be extended and pension revised, subject to same conditions in the same manner;
c) While extending such benefits, a clause shall be incorporated to the effect that in case the Hon'ble Supreme Court takes a different view in the Civil Appeal arising out of SLP No. 4722/2019, they shall be under obligation to refund the entire benefit without any demur."
Thus, the case of the applicant no. 40 who retired on 31.12.2011 is also liable to be allowed in view of the observations recorded in the above judgment.
10. However, as is evident from the perusal of records, the applicant nos. 1 to 37 got retired on the last day of June in respective years and applicant no. 40 got retired in the last date of December in respective years and the instant OA has been filed in the year 2024 which implies that they stood retired for years before the instant original application was actually filed. This further implies that there has been a considerable delay since the cause of action arose and the original application was preferred. And since a specific prayer for grant of arrears that shall accrue consequent to the issuance of 10 | P a g e notional increment has also been made on the part of the applicants, it would be in the fitness of things to meticulously examine the delay and latches prevailing herein before pondering over the decision as to how much arrear payment is liable to be made in favour of the applicants. For the said purpose, it would be significant to straightway rely upon the law laid down by the Apex Court in its judgment dated 13.08.2008 passed in Civil Appeal No. 5151-5152 of 2008 titled Union of India & Ors vs. Tarsem Singh wherein the Hon'ble Court has dealt with the issue of delay and latches / limitation while conferring the relief sought by the aggrieved party. For the sake of clarity, the operative portion of the aforementioned judgment is quoted herein below:
"5. To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). One of the exceptions to the said rule is cases relating to a continuing wrong. Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. But there is an exception to the exception. If the grievance is in respect of any order or administrative decision which related to or affected several others also, and if the re-opening of the issue would affect the settled rights of third parties, then the claim will not be entertained. For example, if the issue relates to payment or re-fixation of pay or pension, relief may be granted in spite of delay as it does not affect the rights of third parties. But if the claim involved issues relating to seniority or promotion etc., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied. In so far as the consequential relief of recovery of arrears for a past period, the principles relating to recurring/successive wrongs will apply. As a consequence, High Courts will restrict the consequential relief relating to arrears normally to a period of three years prior to the date of filing of the writ petition.
11 | P a g e
6. In this case, the delay of 16 years would affect the consequential claim for arrears. The High Court was not justified in directing payment of arrears relating to 16 years, and that too with interest. It ought to have restricted the relief relating to arrears to only three years before the date of writ petition, or from the date of demand to date of writ petition, whichever was lesser. It ought not to have granted interest on arrears in such circumstances.
7. In view of the above, these appeals are allowed. The order of the Division Bench directing payment of disability pension from the date it fell due, is set aside. As a consequence, the order of the learned Single Judge is restored."
11. Thus, this Tribunal is of the considered opinion that the issue of delay and latches / limitation and continuous wrong as defined by the Apex Court in the aforementioned judgment passed in the case of Tarsem Singh (supra) case also finds a place in the instant original application and accordingly, arrear payment of only three years preceding to the date on which the instant original application was filed is liable to be granted in favour of the applicants, wherever applicable. Accordingly, in view of the above quoted deliberations, the instant OA is allowed at the admission stage itself. Respondents are hereby directed to issue one notional increment to the applicants and further issue revised PPO(s) in this regard. However, arrear payment of only three years preceding to the date of filing of this original application shall be made to the applicants @ 6% simple interest per annum, wherever applicable. The said exercise must be completed within a period of five months from the date of this order without fail.
12. All associated MAs stand disposed of accordingly.
13. There shall be no order as to costs.
(Justice Om Prakash VII) Member (Judicial) (Ashish) 12 | P a g e