Central Administrative Tribunal - Kolkata
Jai Kr Sharma vs Eastern Railway on 23 February, 2021
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1. Shrl Jal Kumar Sharma, Son of Late Deep
Narayan Sharma, aged about 54.years,
working as Tech-I, T.N. 5698, BPS under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. 3ama!pur, District Munger and
residing at Vill.&RO. Shankerpur, District
Munger, Pin - 811201, Bihar.
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2, Shri Pradeep Kumar, Son of Shri Bipat
Mandai, aged about years, working as
Tech-I, T.N. 2230, MTS under C.W.M,
3ama!pur Workshop, Eastern Railway, P.O,
Jamaipur, District Munger and residing at
Bajrangwaly Chawk, Nayagaon, P.O.
Jamalpur, District Munger, Pin - 811214,
Bihar.
3, Shri.Ashok Kumar, Son of Late Jugal
Prasad, aged about years, working as Sr,
Tech, T.N. 1928, MTS under C.W.M.
jamalpur Workshop, Eastern Railway, P.O.
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Jamalpur, District Munger and residing at
Bari Durgapur, P.O, Jamalpur, District
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Munger, Pin - 811214, Bihar. :
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4. Shri Sunil Kumar Sinha, Son of Late ■
Mahendre Prasad Sinha, aged about
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years, working as Sr. Tech, T.N. 1945, MTS 4
under C.W.M., Jamalpur Workshop, Eastern
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Railway, P.O. j'amalp^Ojstrict Munger and
residing at Quarter No. 487GH, Rampur
Colony, P.O. Jamalpur, District Munger, Pin
- 811214, Bihar.
5. Shri Blrendra Kumar Mandal, Son of Late .
Kartik Mandal, aged about years,
working as Tech-I, T.N. 8570, M.S under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and •
• residing at Nayagown, P.O. Jamalpur,
District Hunger, Pin - 811214, Bihar.
6, Shri Krishna Nand Singh, Son of Late
Sudhir Prasad Singh, aged about 54 years
working as Tech-I, T.N. 23444, WRS/II
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Mungerand
residing at P.O. Orabagicba, P.S. Dhardaroi,
District Munger, Pin - 811214, Bihar.
7. Shri Raj Kishore Mandal, Son of Late
Permeshwar Mandal, aged about 57 years,
working as Tech-I, T.N. 2419, MTS under
C.W;M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Bari Deryapur, In front of La)
Kothi Jubilee Wei, P.O. Jamalpur, District
Hunger, Pin - 811214, Bihar.
8. Shri Pradeep Kumar Das, Son of Late
Sukhari Das, aged about 59 years, working
as Tech-I, T.N. 8815, M.S under C.W.M.,
Jamalpur Workshop, Eastern Railway, P.O.
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Jamalpur, District Munger and residing at
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Q. No. 771/A, Dowlattpur Colony, P.O.
Jamalpur, District Monger, Pin - 811214,
Bihar.
9. Shri Jai Prakash Paul, Son of Late Somer
Paul, aged about 57 years, working as
Tech-I, T.N. 8789, M.S under C.W.M.,
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
Mahanda, P.O. Patlum, District Munger, Pin
- 811214, Bihar.
10,Shri Binod Kumar Yadav, Son of Late
Bishoo Yadav, aged about 55 years,
working as Tech-I, T.N. 22245, DCS under
C.W.M., Jamalpur Workshop, Eastern
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Railway, P.O. Jamalpur, District Munger and
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residing at Vifl. Fuika, P.O. Jamalpur,
District Munger, Pin - 811214, Bihar,
11.Shri Arjun Kumar, Son of Late Bechan •
Mandai, aged about 59 years, working as
Tech-I, T.N. 22087, DCS under C.W.M.,
Jamalpur Workshop, Eastern Railway, P.O.
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Jamalpur, District Munger and residing at
Vili. Raghunathpur, P.O. Shanpur Kachahri, .
District Munger, Pin - 811214, Bihar.
12.Shri Raj Kumar Rana, Son of Late Bhowan
Singh Rana, aged about 54 years, working
as Tech-I, T.N. 22057, DCS under C.W.M.
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
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Rampur Colony, Q. No. 451/EF, P.O.
Jamalpur, District Munger, Pin - 811214,
Bihar.
l3.Shri Prashant Kumar Sinha, Son of Sri Anil
Chandra Sinha, aged about 55 years,
working as Tech-I, T.N. 22051, DCS under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Rampur Colony, Q. No. 344/CD,
P.O. Jamaipur, District Munger, Pin -
811214, Bihar.
14,Shri Niranjan Mishra, Son of Sri
Ragunandan Mishra, aged about 57 years.
working as Tech-I, T.N. 8557, M.S under
C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Jorberpur (Pchath), P.O.
Dumrighat, District Khagarya, Bihar.
IS.Shri Umesh Prasad Mandal, Son of Late
Kalpu Mandal, aged about 56 years
working as Tech-I, T.N, 5578, BPS under
C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Dauiatpur Colony, Q. No.
753/A, P.O. Jamaipur, District Munger, Pin
- 811214, Bihar.
l6.Shri Anup Kumar Paul, Son of Late A, C.
Paul, aged about 58 years, working as
Tech-I, T.N. 2082, MTS under C.W.M.,
Jamaipur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
East Colony, Q. Mo. 27/CD, Workshop
Road, Jamalpur, P.O. Jamalpur, District
Munger, Pin - 811214, Bihar.
17.Shri Umesh Pd. Sharma,, Son of Late
Ramdeo Sharma, aged about 56 years,
working as Sr. Tech, T.N. 19777, WLD
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Samdalpur, P.O. & District
Munger, Pin - 811214, Bihar.
iS.Shri Jai Prakash Sharma, Son of Late
Saudagar Sharma, aged about 55 years
working as Tech-I, T.N. 8618, M.S under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Moga) bazar, P.O. Basudeopur,
District Munger, Pin - 811201, Bihar.
19.Shri Prahlad Kumar, Son of Late
Nageshwar Prasad, aged about 58 years,
working as Tech-I, T.N. 20256, CRS under
C.W.M., jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Samdalpur, P.O. & District
Munger, Pin - 811214, Bihar.
20.Shri Raj Kumar Sah, Son of Sri Gopal Sah,
aged about 58 years, working as Tech-I,
T.N. 14190, MCTR under C.W.M., Jamalpur
Workshop, Eastern Railway, P.O. jamalpur,
District Munger and residing at & P.O.
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Laldarwaza'BeMnd'Powgr House, District
Monger, Pin - 811201, Bihar.
21.Shn Bharat Bhushan Yadav, Son of Late
Meni Prasad Yadav, aged about 59 years,
working as Tech-I, TN. 14264, MCTR
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Monger and
residing at Sahmalpur, P.O. Kajra, District
Lakhisari, Pin - 811309, Bihar.
22.Shri Nand Kishor Prasad, Son of Late
Gorelal Prasad, aged about 59 years
working as Tech-I, T.N. 14178, MCTR
under.C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamaipur, District Monger and
residing at Vill. & P.O. Shankerpur, District
Hunger, Pin -.$■■)}'■> Bihar.
23.Shri Bijay Kumar Mandal, Son of Late
Jagdish Manda), aged about 58 years,
working as Tech-I, T.N. 14279, MCTR
under C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vili. Rampur (Mandal Tola), P.O.
Jamalpur, District Munger, Pin - 811214,
Bihar.
24.Shri Rambilash Sah, Son of Late
Raghunandan Prasad Sah, aged about 58
years, working as Tech-I, T.N. 14130,
MCTR under C.W.M., Jamalpur Workshop,
Eastern Railway, P.O. Jamalpur, District
Munger and residing at Viii. Mahadeba
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Barlarpur,. District Munger, Pin - 811211,
Bihar.
ZS.Shri Rajendra Prasad, Son of Late Tuna
Saw, aged about 58 years, working as
Tech-I, T.N. 14121, MCTR under C.W.M
lamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
Vill. Mahsoni, P.O, Kajra, District
Lakhisarai, Pin - 811309, Bihar.
26,Shri Abadh Kishor Singh, Son of late
Dhanku Singh, aged about 57 years,
working as Tech-I, T.N. 14122, MCTR
under C.W.M,, Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vill. Charown, P.O. Nawagarhi
District Munger, Pin - 811201, Bihar.
27.Shri Satrughan Mandal, Son of Late
Parmanand Mandal, aged about 57 years,
working as Tech-I, T.N. 14228, MCTR
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Bari Dariyapur, P.O. Jamalpur,
Pin - 811214, Bihar.
28.Shri Pramod Kumar Singh, Son of Late
Saryug Singh), aged about years
working as Tech-I, T.N. 5467, BFS under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vill. Mungroria, P.O. Jamalpur,
District Munger, Pin - 811214, Bihar.
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29.Shri Sanjoy Kurriar, Son of Late Banwari 1
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aged about 57 years, working as Tech-I,
T.N. 8622, M.S under C.W.M., Jamalpur
u Workshop, Eastern Railway, P.O. Jamalpur,
District Monger and residing at VIII. i-
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Nawagarhi, Sharn Singh Tola, P.O. i!1
Nawagarhi, District Munger, Pin -.811214,
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Bihar.
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30,Shri Jai Prakash, Son of Late Ishwari
Prasad, aged about 56 years, working as
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Tech-I, T.N. 8741, M.S under C.W.M. / $
Jamalpur Workshop, Eastern Railway, P.O.
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Jamalpur, District Munger and residing at
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P.O. Bhalar, District Munger, Pin - 811212 f
Bihar.
31.Shri Rajendra Pd. Sharma, Son of Late
Kesho Sharma, aged about 58 years.
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working as Tech-I, T.N. 8633, M.S under ;
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
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residing at Shadipur GDJ Coiiege Road, ,'i
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P.O. & District Munger, Pin - 811214, Bihar.
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32.Shri Bijay Kumar Singh, Son of Late Kutay
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Prasad Singh, aged about 59 years,
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working as Tech-I, T.N. 11055, WRS-III / ",r
under C.W.M., Jamalpur Workshop, Eastern si-
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Railway, P.O. Jamalpur, District Munger and y
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residing at VIII. Nahldiyara, P.O.
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Gangaprasad, District Shahebganj,
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Jharkhand, Pin -
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33.Shri Jitendra.Mandal, Son of Late
Shivnarayan Mandal, aged about 58 years,
working as Tech-I, T.N. 8772, M.S under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vili. Chhoti Keshopur (Naiapar),
Faridpur Road, P.O. jamalpur, District
Munger, Pin - '811214, Bihar.
34.Shri Mohon Sharma, Son of Late Mahadeo
Sharma, aged about 58 years, working as
Sr. Tech, T.N. 8608, M.S under C.W.M
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
Vili. Hashanpur, P.O. Dariyapur, District
Munger, Pin - 811214, Bihar.
35.Shri Arjun Prasad Blshwakarma, Son of
Khiro Mistry, aged about 58 years, working
as Tech-I, T.N. 5682, BFS under C.W.M.,
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Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
Vili. Puraniganj (Shantl Nagar) P.O. &.
District Munger, Pin - 811201, Bihar.
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36.Shri Brajkishor Prasad, Son of Late Roshan
Sah, aged about 56 years, working as
Tech-I, T.N. 8777/842 MS/WRS-1, under
C.W.M., Jamalpur Workshop, Eastern k
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Railway, P.O. Jamalpur, District Munger and
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residing at Mungrora Tedhigali
(Kalinsthan), P.O. Jamalpur, District ■j
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Munger, Bihar, Pin - •
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37.Shri Anii Kumar Bhagat, Son of Late
Munilal Bhagat, aged about 56 years,
working as Sr. Tech, T.N. 1946, MTS under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamaipur, District Monger and
residing at Beri Daulatpur, P.O. Jamaipur,
District Munger, Bihar, Pin -
38.Shri Suresh Prasad Gupta, Son of Late
Jagarnath Sah, aged about 55 years,
working as.Tech-I, T.N. 10779, WRS-3
under C.W.M., Jamaipur Workshop, Eastern
Railway, P.O, Jamaipur, District Munger and
residing at Vill. Naya Gaon (Bajrang Bali
Chowk) P.O. Jamaipur, District Munger,
Bihar, Pin -Sll 2-1^,
39.Shri R. K. Sinha, Son of Late Rajendra
Prasad Sinha, aged about 58 years,
working as Tech-I, T.N. 20409, CRS under
C.W.M., Jamaipur Workshop, Eastern
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Railway, P.O. Jamaipur, District Munger and
residing at Amoia Colony, P.O. Jamaipur,
i District Munger, Bihar, Pin -
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40,Shri Bashistha Pd. Sharma, Son of Ganesh
Pd. Sharma, aged about 5/ years, working
as Tech-I, T.N. 5456, BPS under C.W.M.,
I Jamaipur Workshop, Eastern Railway, P.O.
Jamaipur, District Munger and residing at
Raiser (Nitubag), P.O. Basudeopur, District
Munger, Bihar, Pin - & 11 2-1 K
41.Shri Ranjit Singh, Son of Sri Kanhai Lai
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Singh, aged,about-SS years, working as
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Tech-I, T.N. §|SI?, (M.S) under C.W.M., %
Jamaipur Workshop, Eastern Railway, P,0.
Jamaipur, District Munger and residing at
Vill. Rampur Colony, Q. No. 320/AB, RO
Jamaipur, District Hunger, Bihar, Pin -
42.Shri Arun Kumar, Son of Sri Lakshmi
Mandal, aged about 57 years, working as
Tech-I, T.N. 1946, MTS under C.W.M.,
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Jamaipur Workshop, Eastern Railway, P.O.
Jamaipur, District Munger and residing at
Beri Daulatpur, P.O. Jamaipur, District
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Munger, Bihar, Pin -
43,Shri Sankar Mandal, Son of Late
Madhusudn Mandal, aged about 56 years,
working as Tech-I, T.N. 8766, M.S under
C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Baddipara, P.O. Jamaipur,
District Hunger, Bihar, Pin - 811214.
44.Shri S. K. Limboo, Son of Late H. K.
Limboo, aged about 53 years, working as
Tech-I, T.N. 23220, WRS-2 under C.W.M.
Jamaipur Workshop, Eastern Railway, RO.
Jamaipur, District Munger and residing at
Baddipara, P.O.Jamaipur, District Munger,
Bihar, Pin - ^ITT-I^ , •■fc
45.Shri Indradeo Singh, Son of Late Ram
Sahay, aged about 57 years, working as
Tech-I, T.N. 5626, BFS under C.W.M.,
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y Jamalpur Workshop,.Eastern Railway, P.O.
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Jamalpur, District Hunger and residing at
Vill. Singhshwar Tola, Nawagarhi, P.O.
Nawagarhi, District Hunger, Bihar, Pin - $5
46.Md. Ahsan, Son of Md. Abid Ali, aged about
54 years, working as Tech-I, T.N. 5718
BPS under C.W.M., Jamalpur Workshop
Eastern Railway, P.O. Jamalpur, District
Hunger and residing at Vill. Shahkund, P.O.
Shahkund, District Bagalpur, Bihar, Pin - 3 *1 f
47.Shri Lala Krishna Kumar Prasad, Son of ..
Achutanand Prasad, aged about 58 years,
working as.Tech-I, T.N. 20410, CRS under
C.W.H., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Hunger and
residing'at Shastri Nagar Road No. 7, P.O.
Jamalpur, District Hunger, Bihar, Pin - ^ U ,
48.Shri Aiok Jyoti Sen, Son of Late Kallcharn
Sen, aged about 56 years, working as
Tech-I, T.N. 609, ELECT under C.W.H.
Jamalpur Workshop, Eastern Railway, P.O
Jamalpur, District Hunger and residing at
i Hoh - Baidya Para, P.O. Jamalpur, District
Hunger, Bihar, Pin -*£113-lH (
49.Shri Ajay Kumar Yadav, Son of Late Tetar
Yadav, aged about 57 years, working as
Tech-I, T.N. 631, ELECT under C.W.H;,
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Hunger and residing at
Naya Tola Fulka, P.O. Jamalpur, District
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Munger,'■■Bihar; Pin - "W
SO.Shri Ram Kheiawan Paswan, Son of Late
Bideshi Paswan, aged about 56 years,
working as Tech-I, T,N. 801, ELECT (Test
Room) under C.W.M., Jamaipur Workshop,
Eastern Railway, P.O. Jamaipur, District
Monger and residing at Vill. Bhagi Chowk,
P.O. Jamaipur, District Munger, Bihar, Pin MJ-fH
Sl.Shri Suresh Paswan, Son of Late Jainath
Paswan, aged about 56 years, working as
Sr. Tech, T.N. 195 MTS under C.W.M., ■S'
Jamaipur Workshop, Eastern Railway, P.O.
Jamaipur, District Munger and residing at
Loco Colony, Q. No. 222/B, P.O. Jamaipur,
District Munger, Bihar, Pin -'Su 5-^ 'fe
S2.Shri Uttam Prasad Singh, Son of Late
Bangali Prasad Singh, aged about 55
years, working as Tech-I, T.N. 5477, BPS
under C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Vill. & P.O, Udhadih,
(Sultanganj), District Bhagalpur, Bihar, Pin
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53.Shri Pratap Narayan Yadav, Son of Late
Sitaram Prasad Yadav, aged about 58
years, working as Sr. Tech, T.N. 20166,
CRS under C.W.M., Jamaipur Workshop,
Eastern Railway, P.O. Jamaipur, District
Munger and residing at Vill. Banauli, P.O.
Rajadih, District Munger, Bihar, Pin -'Sf/ziM,
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54,Shr! Chandra Shekhar Jha, Son of Lace
Damoder Jha, aged about 55 years,
working as Tech-I, T.N. 23032,
WRS/2(CBS) under C.W.M,, Jamaipur
Workshop, Eastern Railway, P.O. Jamaipur,
District Munger and residing at Vill, + P.O.
• Dharahra, District Munger, Bihar, Pin -H 2-^ ;
SS.Shri Bishnudeo Mandat, Son of Late
Singeshwar Mandal, aged about 58 years.
working as Sr. Tech, T.N. 20175, CRS
under C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Vill. Chhoti Keshopur, P.O.
Jamaipur, Near of Targachh Kali No. 2,
District Munger, Bihar, Pin - 1M1 )
SS.Shri Anjani Kumar, Son of Late Jamuna
Prasad Singh, aged about 55 years
working as Sr. Tech, T.N. 21028, S.M under
C.W.M., Jamaipur Workshop, Eastern
Railway, P.O. Jamaipur, District Munger and
residing at Nayagaon, P.O. Jamaipur,
District Munger, Bihar, Pin - & H 7-^;
57.Shri Anant Kumar Anant, Son of Sri Ajablat
Yadav, aged about 59 years, working as Sr.
Tech, T.N. 20165, CRS under C.W.M.
Jamaipur Workshop, Eastern Railway, P.O.
Jamaipur, District Munger and residing at
Dauiatpur Railway Colony, Near P.D. High
School, Jamaipur, P.O. Jamaipur, District
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Munger, Bihar, Pin - /
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SS.Shri Shashi Shekhar Laii, Son of Late
Janak Lai Mandal, aged about 56 years,
i working as Tech-I, T.N. 20306, CRS under
Yl C.W.M., 3amalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Bajrangbali Chowk, Nayagaon,
P.O. Jamaipur, District Munger, Bihar, Pin - £ i i 7-^
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59.Shrl Rajendra Yadav, Son of Late
Madhusudan Yadav, aged about 57 years,
working as Sr. Tech, T.N. 20149, CRS
under C.W.M., Jamalpur Workshop, Eastern
.Railway, P.O. Jamalpur, District Munger and
residing at Nayatoia (Laheta), RO.
Chatbari, Via Dharahra, District Munger,
Bihar, Pin - * Si
60.Shri Bijoy Kumar, Son of Late Mukund Lai,
aged about 55 years, working as Tech-I,
T.N. 5688, BPS under C.W.M., Jamalpur
•Workshop, Eastern Railway, P.O. Jamalpur,
District Munger and residing at Sandalpur,
P.O. & District Munger, Bihar, Pin - 811201.
Sl.Shri Sahendra Prasad Singh, Son of Late
Mushru Prasad Singh, aged about 59
years, working as Tech-I, T.N. 5685, BPS
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vill. + P.O. Kharia, District
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Munger, Bihar, Pin - FI < 2-IH-
62.Shri Arun Kumar Sharma, Son of Late Hari
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/ Prasad Sharma^-aged about S6 years,
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working as Sr. Tech, T.N. 5872, BFS under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O, Jamaipur, District Munger and
residing at Rampur Maidan Colony, Q. No. *
6/iJ, P.O. jamalpur, District Munger, Bihar,
v
Pin . snS-lH,
63.Shri Nakul Singh, Son of Late Arun Singh t
aged about 58 years, working as Tech-I,
T.N. 8773, M.S under C.W.M., Jamalpur
Workshop, Eastern Railway, P.O. Jamalpur,
District Munger and residing at Viil.
Jagdishpur, P.O. Dharaha, District Munger,
Bihar, Pin - W)
64.Shri Pranmohan Yadav, Son of Late
Gajadhar Prasad Yadav, aged about 54
years, working as Sr. Tech, T.N. 18404
8ST under C.W.M., Jamalpur Workshop,
Eastern Railway, P.O. Jamalpur, District
Hunger and residing at & P.O. Lahchi,
District Munger, Bihar, Pin - ?■ l i f
65.Shri Prem Prakash Dubey, Son of Late
Bankey Bihari Dubey, aged about 59 years
working as Sr. Tech, T.N. 1968, MTS under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Hunger and
residing at Gatrimagar. Road No. 03, P.O.
Jamalpur, District Munger, Bihar, Pin - 'S || i-'H )
66.Shr! Umesh Rajak, Son of Late Dindayai
Rajak, aged about 54 years, working as
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Tech-I, T.N. 18467, BST under C.W.M.,
•WiVV.
Jamaipur Workshop, Eastern Railway, P.O.
jamalpur, District Munger and residing at
Vili. Rampur, P.O. Jamalpur, District
l:
Munger, Bihar, Pin - h
67.Shri Om Prakash Pathak, Son of Late
Praduman Pathak, aged about 56 years,
working as Tech-I, T.N. 23137, WR.S/2
(CBS) under C.W.M., Jamalpur Workshop
Eastern Railway, P.O, Jamalpur, District
Munger and residing at Rampur Colony, Q.
No. 322/AB, P.O. Jamalpur, District Munger,
>:
Bihar, Pin - Ti
SS.Shri Damodar Das, Son of Late Gailu Das,
aged about 60 years, working as Tech-I,
T.N. 703, Shop - Electrical under C.W.M.,
Jamalpur Workshop, Eastern Railway, P.O
Jamalpur, District Munger and residing at
Viil. Kalan Rampur, District Munger, Bihar,
Pin-SIIJ-'H,
69.Shri Sheo Shankar Mahato, Son of Late
Prasadi Mahato, aged about 56 years,
working as MCM, T.N. 18504, Shop BST
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vili. Manikpur, P.O. Kawadpur,
District Lakhi Sarai, Bihar, Pin - 811106.
70.Md. Jawald Akhtar, Son of Late Md, Idris
Ahmad, aged about 57 years, working as
MCM, T.N. 90, Shop P.H (Electrical) under
n
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C.W.M., Jamalpur Workshop, Eastern
W Railwayj.'P.brja'rhalpur, District Munger and
residing at Moh: Dilawarpur, RO. & District
iMunger, Bihar, Pin - 811201,
71,Shri Mahendra Prasad Mandai, Son of Late
d
i
] Shivnandan Prasad Sah, aged about 59 i
i
years, working as Tech-I, T.N. 5601, BPS *
5
I
under C.W.M., Jamalpur Workshop, Eastern 5
Railway, P.0, Jamalpur, District Munger and i-
I
residing at Mugroura, (Gopi Sah Flower
Mill), P.O. Jamalpur, District Munger, Bihar,
Pin -
72.Colin Richard Daly, Son of Late Mousish •f:
Rudolph Daly, aged about 58 years,
working as Tech-I, T.N. 12129, BST under (
C.W.M., Jamalpur Workshop, Eastern i;s
J',1
Railway, P.O. Jamalpur, District Munger and
'i
residing at D.D. Tulsi Road, (Nayagaon)
i,
P.O. Jamalpur, District Munger, Bihar, Pin - Rl i
73.Shri Shyam Narayan Mandai, Son of Late 4
!; 3
]>. n) , aged about 57 years,
K .4
working as Tech-I, T.N. 13195, SMS under
4
C.W.M., Jamalpur Workshop, Eastern
•:
Railway, P.O. Jamalpur, District Munger and
f
residing at Mangalbazar, Rampur Colony,
0. No. 322/AB, P.O. Jamalpur, District
$
Munger, Bihar, Pin - ^1J r
:.
'ih
ir-'l
74.Shri Nirma! Kumar Rajak, Son of Late !'l
Damodar Rajak, aged about 48 years l •7
working as Tech-I, T.N. 2490, MTS, under U
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« C.W.M., Jamalpur Workshop, Eastern
f !!
Railway, P.O. Jamalpur, District Munger and
residing at & P.O. Ghorghat, (Via !
L
Bariyarpur) District Munger, Bihar, Pin - ? U 5-1^' !
:s
75.Shri Sunil Kumar Chourasia, Son of Late
Rajendra Prasad Das, aged aged about 55
>
years, working as Tech-I, T.N. 12135, BST,
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at.Ramankabad, (Habely
Kharagpur) District Munger, Bihar, Pin - j.
1:
76.Shri Narendra Prasad Sinha, Son of Late
■IJ
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Rajendra Prasad, aged about 58 years, .ii -
working as Tech-I, T.N. 5480, BPS, under ■si;
>r
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
1
residing at Vill. Deoghar, Post Khapra, P.S.
,r
Tetya Bumbbar, District Munger, Bihar, Pin - 'FU.2-1H
■'ll
77.Shri Prem Chandra Chouradia, Son of Sri
1'
Lakhan Lai Mandal, aged about 57 years,
working as Sr. Tech, T.N. 1941 MTS, under
'li
■;?
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Vill. Mangroura, (Near Masjid),
1;
P.O. Jamalpur, District Munger, Bihar, Pin -
■i
:.r.
78,Shri Narayan Modi, Son of Late Bhagwat
Modi, aged about 57 years, working as Sr,
1:
Tech, T.N. 414, Shop WRS-I, under C.W.M.,
I
Jamalpur Workshop, Eastern Railway, P.O. %
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Jamalpur, District Munger and residing at
j . f
La?- i
5.,,,
~:L
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Vilt, Nayachawk (Barbighi), P.O. Mirajan
f Hat, District'Bhagaipur, Bihar, Pin -
812005..
79.Shri Upendra Prasad Sah, Son of Late
Sitaram Sah, aged about 59 years,
working as Sr. Tech, T.N. 5528, BPS, under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O, Jamalpur, District Munger and
residing at Gatrinagar, Road No. 2, P.O.
Jamalpur, District Munger, Bihar, Pin - ^ *
SQ.Shri N, N. Sahay, Son of Late Brajnandan.
Sahay, aged about 56 years, working as
fr£8 (I
Tech-I, T.N. $56if219Z3T M.S/I.M, under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
i-
residing at Q. No. 752/gj Daulatpur
Colony, P.O. Jamalpur, District Munger,
Bihar, Pin - ^ U WH .
Sl.Shri Ganesh Prasad Singh, Son of Late
Rampada Rath Singh, aged about 57
years, working as Sr. Tech, T.N. 680,
Electrical, under C.W.M., Jamalpur
Workshop, eastern Railway, P.O. Jamalpur,
District Munger and residing at Railway Q.
No. 313/GH, Rampur Colony, P.O.
Jamalpur, District Munger, Bihar, Pin - ^ •
82.Shri Suresh KumarThakur, Son of Late
Banarsi Thakuf, aged about 57 years.
working as Tech-I, T.N. 571, WRS/1, under
C.W.M., Jamalpur Workshop, Eastern
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Railway, P.O. Jamalpur, District Hunger and
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residing at'Safiabad, P.O. Safiabad, District i
Hunger, Bih'ar, Pin - •S ll 7-W- :i
83.Shri Kaleshwar Prasad Singh, Son of Late
f
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Tej Narayan Singh, aged about 58 years,
w: working as tech-I, T.N. 670, WRM/1, under h
i;
C.W.M., Jamaipur Workshop, Eastern
f
Railway, P.O. Jamaipur, District Hunger and
t
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residing at Vill. Bhalar, P.O. Bhalar, District
•i!
;
Hunger, Bihar, Pin - ? H 2-1H-- f
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84.Shri Achyuta Nand Yadav, Son of Dukhi •
Yadav, aged about 56 years, working as $
I
Tech-I, T.N. 314, Electrical, under C.W.H. f
3
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Jamaipur Workshop, Eastern Railway, P.O.
Jamaipur, District Hunger and residing at
Vill. Hilkichuk No. 01, P.O. Janki Nagar,
I
District.Hunger, Bihar, Pin - ^ M '2-^ • ?■'
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%§. Shri Rajendra Kumar Singh, Son of Late
® Satyadeo Singh, aged about 56 years/ t
working as Sr. Tech, T.N. 23214, WRS/ CBS
under C.W.M., Damalpur Workshop, Eastern
Railway, RO. Jamatpur, District Munger and
Viil. + RO. Nonsar, Via Sultanganj, District
Bhagaipur, Pin - 811214, Bihar.
Shri Rajendra Prasad, Son of Late 3aglal
Prasad (Jago Prasad), aged about 56
years, working asTech-I, T.N, 646, WRS/I
under C.W.M., Jamalpur Workshop, Eastern
Railway, P.0, Jamalpur, District Munger and
residing at Chhoti Daulatpur Pashupalan
Gali, RO. lamalpur, District Munger, Bihar,
Pin - ? 'n
3 153, Shri Subodh Kumar Singh, Son of Shri
Badhy Nath Singh, aged about 56 years,
working as Tech-I, T.N. 1991 MTS/23070
WRS/2 under C.W.M., Jamalpur Workshop,
Eastern Railway, P.O. Jamalpur, District
Munger and residing at Q. No. T/10/KL
Rampur Maidan Colony, P. 0. Jamalpur,
a
District Munger, Bihar, Pin - ■? II p
2$. Shri Mangai Pandit, Son of Late Banrasi
/ Pandit, aged about 57 years, working as
Tech-I,. T.N., 13029, SMS under C.W.M •1
'.t i V
a3
1
Jamalpur Workshop, Eastern Railway, P.0,
Jamalpur, District Munger and residing at
VIII. Farldpur, P.O. Jamalpur, District
(•
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Munger. Bihar, Pin - ,
Shri Satlsh Chandra Das, Son of Late Raso
Das, aged about 58 years, working as Sr.
Tech, T.N. 8647, M.S under C.W.M.,
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
VIII. Baraichawk, P.O. Pataw, District i
Munger, Bihar, Pin - •?tl
^0 6. Shrl Aditya Singh, Son of Late Uday
Narayan Singh, aged about 56 years,
working as Tech-I, T.N. 633, Elect, under
C.W.M., Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at Nayagaon, D.D. Tulsl Road, P.O,
Jamalpur, District Munger, Bihar, Pin - ? 11• 3
cj] 7. Md. Jamaluddln, Son of Md. Yunus, aged
about 58 years, working as Tech-I, T.N.
886, Elect, under C.W.M., Jamalpur
Workshop, Eastern Railway, P.O. Jamalpur,
District Munger and residing at VIM.
Mubarak Chawk, P.O. Bank, District
Munger, Bihar, Pin - sn
Shri Goutam Ganguly, Son of Sri S. R.
Ganguly, aged about 56 years, working as
Tech-I, T.N. 2008, MTS under C.W.M.,
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at
rac**- • •-
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Q, No. 356/^B'j R^mpbr Colony, P.O.
r Jamalpur, District Munger, Bihar, Pin - 2 U .
(-■.
%
{739'. Shrl Arbind Kumar Singh, Son of Late
Dhirnarayan Singh, aged about 55 years,
working as Tech-I, T.N. 9181, WCS/2 under
C.W.M., Jamalpur Workshop, Eastern ■il
Railway, P.O. Jamalpur, District Munger and
4
residing at Vill. Mohanpur, P.O. & P.S.
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Dharahara, District Munger, Bihar, Pin - SlO1^. ?k t-
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■■■//■ O^- Rajendra Kumar, Son of Sri . Ram Swarath
Kumar, aged about 60 years, working as Sr.
4: '
f Tech,, Ex. TN. 26079, T.M.S. under Chief Works
.Manager, Jamalpur Workshop, Eastern Railway, i'
P.O. Jamalpur, District Monger and residing at
t.
Vill. ■+ P.O. Farda Tola Shiv Rampur, District i
■I
Hunger, Pin - 811201.
Q5- Upendra Mandai, Son of Late Saryug Mandal /
(Tx Tm i^ tH.
aged about 60 years, working under Chief A
A
Works Manager, lamaipur Workshop, Eastern
Railway, P.O. Jamalpur, District Hunger and
residing at. Vill, Kataria, P.O. Dariapur, District
Hunger, Pin - 811201.
Q.G- Yogendra Prasad Singh, Son of Late Mishrl
Prasad Singh, aged about 60 years, working as
Tech-I, Ex. T.N. 14241, MCTR under Chief
Works Manager, Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Hunger and-
residing at Vill. Udhadih, District Bhagalpur, Pin - ? H ^
q-y. Dilip Kumar, Son of Late Ramkishun Sah, aged
• about 56 years, working as Tech-I, Ex. TN.'
419, WRS-I under Chief Works Manager,
jamalpur Workshop, Eastern- Railway, P.O.
Jamalpur, District Hunger and residing at
Mungranpa, Tedhi Gall, P.O. Jamalpur, District
Hunger, Pin -• I
q S ■ Shyam Murari Ambastha,. Son of Late Jugal
Kishor Narayan, aged about 60 years, working
as Tech-1, T.N. 18408, BST, under Chief Works
Manager, Jamalpur Workshop, Eastern Railway,
P.O, Jamalpur, District Hunger and residing at
Keshopur, Kayasttola (Shantikunj), P.O.
Jamalpur, District Hunger, Pin - 2-^; ^ '
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opr Rabindra Pd. Yadav, Son of Kartiok Gope, aged
about 63 years, working as Tech-I, Ex. T.N.
? 5464 BPS, ..under • Chief Works Manager,
.
Jamalpur Workshop, Eastern Railway, P.O.
Jamaipur,' District Munger and residing at Viii.
Jagdishpur, P.O. Jamalpur,. District Munger, Pin
- 811214.
ICjq. Bhikhari Mandal, Son of Late Kishun Mandal, i
aged about 60 years, working as Tech-I, T.N.
Ex. 8646, M.S. under Chief Works Manager,
Jamalpur Workshop, Eastern Railway, P.O.
Jamalpur, District Munger and residing at Vill.
f
Naya Patami, P.O. Patam, District Munger, Pin. -
Kailash Prasad Singh, Son of Late Narsingh /
io \ -
1 5^4 YI , lb. P,
Prasad Singh, aged about 61 years, working •>
under Chief Works Manager, Jamalpur
• Workshop, Eastern Railway, P.O. Jamalpur,
District Munger and residing at Viil.
Ramnagar, P.O. Jamalpur, District Munger, Pin - 9-}t\
102- Sahdeo Prasad Roy, Son of Late Jitendra
Prasad Roy, aged about 62 years, working as
Tech-I, T.N. 3418, DSS under Chief Works
Manager, Jamalpur Workshop, Eastern
Railway, P.O. Jamalpur, District Munger and
residing at + P.O. Puraiesarai
%
(Brahamasthan), District Munger, Pin -
Bharat Kishore Mandal, Son of Late Ram
Kheiawan Mandal, aged about 61 years,
working as Sr. Tech, Ex. T.N. 2054, MTS under
Chief Works Manager, Jamaipur Workshop,
Eastern Railway, P.O. Jamalpur, District
Munger and residing at Nayagaon f
(Thakurbari Road), P.O. Jamaipur, District
Munger, Pin - 811214.
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i. Union of India, Service through the
/
> General Manager, Eastern Railway, Fairlie
Place, 17, N. S. Road, Kolkata - 700001;
4 2. The General Manager, Eastern Railway,
Fairlie Place, 17, N. S. Road, Kolkata -
700001.
3. The Chief Personnel Officer, Eastern
Railway, Fairlie -Place, 17, N. S. Road,
Kolkata - 700001;
4. The Chief Works Manager, Eastern Railway,
Jamalpur Railway Workshop, Jamalpur; - ??f *
5. The Workshop Personnel Officer, Eastern
Railway, Jamalpur Railway Workshop,
Jamalpur; - i? 11 2-14 •
AS o.a. 350.01552.2014 with ma. 350.603.2017
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/01552/2014 Date of order: A3. 0£ -
i
M.A. 350/00603/2017 t
i
Present HonTjle Ms. Bidisha Banerjee, Judicial Member r
t
HonlDle Dr. Nandita Chatterjee, Administrative Member
i
JA1 KUMAR SHARMA & ORS. l
VS.
UNION OF INDIA & ORS. (Eastern Railway)
For the Applicants Ms. A. Sarkar, Counsel
For the Respondents Mr. A.K. Guha, Counsel
h
ORDER
.i\ Dr. Nandita Chatterjee, Administrative Member: .
K [ Aggrieved with non-receipt of MACP benefits, the applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following benefits:-
;
"i) To grant leave under Rule 4(5)(a) of the Administrative (Procedure) Rules, 1987 to the applicants to file this joint application;
ii) To direct the respondents to cancel, withdraw and/or rescind the •.
purported speaking order dated 15.04.2014 as contained in Annexure "A-4"
herein;
iii) To direct the respondents to grant MACP benefit to the applicants in terms of the MACP Scheme dated 10.06.09 as contained in Annexure "A-2" i herein;
iv) To direct the respondents to produce the entire records of the case before this Hon hie Tribunal for adjudication of the issues involved herein;
V) And to pass such further or other order or orders as to this Honble .
Tribunal may deem fit and proper." t u
2. Heard both Ld. Counsel, examined pleadings, documents on record as well as those furnished during hearing. £ t $ A .\ L-
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-i r 7v~ v 2°i o.a. 350.01552.2014 with ma. 350.603.2017
3. The applicants have prayed for leave to pursue this joint V/ • application, and, on being satisfied that the applicants share common A '4 interest and are pursuing a common cause of action, such leave is I ni granted under Rule 4(5)(a) of Central Administrative Tribunal (Procedure) Rules, 1987 subject to payment of individual court fees.
\ M.A. No. 350/00603/2017 is disposed of accordingly. i t
4. The facts, in brief, as submitted by the Ld. Counsel for the t applicants, are, that, vide RBE No. 101/2009, the Railway Board had circulated the Modified Assured Career Progression Scheme (MACP) for the benefit of the Railway Employees and the same was further i.
circulated for the employees of the Eastern Railway vide memo dated i i« 27.6.2009.
The applicants, thereafter, represented seeking the benefits of the MACP Scheme, but, not having received and favourable reply thereupon, approached this Tribunal in first stage litigation in O.A. No. 350/00002/2014 alleging non-consideration of their representations. r r This Tribunal disposed of the O.A. on 20.1.2014, and, in compliance to directions therein, the respondents issued a speaking order vide which the representation of the applicants' praying for MACP benefits were r rejected. Being aggrieved with such rejection, the applicants have i approached this Tribunal seeking the above mentioned relief.
t i The applicants have furnished, inter alia, the following grounds in ;
i support of their claim.
(i) That, the applicants were appointed as Act Trade Apprentice under ;
t the Apprentice Act, 1961 and the respondent authorities were required to i / 'Tf «*?
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C: ' 30 o.a. 350.01552.2014 with ma. 350.603.2017 f ;
absorb such Apprentice trainees only in vacancies available in the *
? >
r respective designated trades @ ratio of 14% of the total skilled members.
As suitable vacancies were not available, the applicants were initially recruited as Gr. 'D' staff (Khalasi), whereas they ought to have j initially been appointed in Gr. 'C' Artisan posts.
(ii) That, their appointments in Gr. 'D' posts were entirely on stop tx gap/adhoc basis, and, that, no scope of further promotion was indicated <• in their appointment orders (Annexed at A-l to the O.A.).
(iii) Hence, the applicants' appointment as Semi Skilled (III) was in the context of direct recruitment against 25% direct recruitment from open market quota as per directives in IREM.
;
Accordingly, the applicants had claimed their entitlement to MACP j-
..
benefits taking into account their entry grade as Gr. 'C' staff in terms of CPO/KKK's Sr. No. 102/2009 and 198/2009, and, particularly, with reference to Para 9 of the Circular No. 102/2009.
The applicants would allege that, contrary to the provisions of IREM, the respondents have considered the entry grade of the applicants to be Gr. 'D' and had considered their movement to Semi-Skilled III as a v promotion, rather than a direct recruitment and consequent to such :
erroneous decision, the applicants have been granted only, two MACP :
benefits on their promotion to SS II and SS I respectively. While in reality [;■ if their entry grade as SS III is established, the benefits of 1st MACP ■ should accrue from the dates when they were directly recruited as SS III (Gr. 'C'Artisan posts).
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3f o.a. 350.01552.2014 with ma. 350.603.2017 w 5. The respondents, on the other hand, would argue as follows:- I:
?■ I
(i) As established from Annexure A-l to the O.A., all the > £ A applicants have been engaged as temporary Khalasis between \ 'A i the period 1979 to 1981, and, that the applicants, despite 'i r-
their averments on the requisites of the Apprenticeship Act, had joined such posts without any demur. t- • fc-
(ii) That, the rules on appointment of Skilled Artisans are. as fe.
under:-
r £ HIX. SKILLED ARTISANS & y.
159. (1) The vacancies in the category of Skilled Artisans Grade III in scale Rs. 950-1500/- in various Engineering Departments will be filled as fc' under:
(i) 25% by selection from course completed 'Act Apprentices', I ITI passed candidates and Matriculates from the open c■ market; serving employees who are course completed Act r-
Apprentices or ITI qualified could be considered against this I quota allowing age relaxation as applicable to serving l.
employees. I
r
(ii) 25% from service semi-skilled and un-skilled staff with
educational qualification as laid down in Apprentices Act, I
and 50% by promotion of staff in the lower grade as per £
prescribed procedure." 7
P
5.
The respondents would, therefore, argue that as the '*
£•
£
applicants were initially appointed as Gr. 'D' Temporary Khalasis L
t
l
they were considered for promotion to Gr. 'C' Artisan category, f i namely, Skilled Artisan III in accordance with Rule 159(l)(ii) of IREM, namely, that on the basis of 25% from serving semi-skilled c i and unskilled staff as per provision on being found suitable in trade test.
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W''' 52 o.a. 350.01552.2014 with ma. 350.603.2017
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(iii) The respondent authorities have- also furnished the service * book of applicant No. 1 (Annexure R-3 to the O.A.) in which it has ■f •i been noted that the applicant was initially appointed as a Khalasi i on 8.9.79 and, thereafter, by virtue of promotion was promoted as >: SS III on 27.3.1981.
i
6. The applicants would counter the claim of the respondent hi authorities by arguing that as the prescribed procedure for promotion to % ■ the post of Gr. 'C' Artisan category from Gr. 'D' namely, the eligibility ii-
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criteria such as minimum three years of regular service of three years residency period, offering options or conduct of routine tests followed by ! K • viva-voce, were not followed in the case of the applicants, they could not t«x' )r I have been promoted to the post of Gr. 'C' Artisans on departmental quota.
Ld. Counsel for the applicant would vociferously aver that the applicants, who were admittedly Act Apprentices, and, qualified as f-
serving employees, (course completed Act Apprentices), participated in the selection process which was noted in the IREM as follows:-
!;■ a Matriculates from the open market; serving employees who are course completed Act Apprentices or ITI qualified could be considered against this quota could be considered against this quota allowing age relaxation as applicable to serving employees."
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|, i In other words, while the respondents would contend that the ; applicants were promoted to the Gr. G' Artisan posts by virtue of Rule 159(l)(ii) of IREM, the applicants would aver that they had actually i qualified against 25% selection against direct quota. t t i ! * ' 6 ' I f f ( t ' ^ o.a. 350.01552.2014 with ma. 350.603.2017 ,7 r >...7
7. The moot issue to be resolved
-• /•in this matter is whether the i t i applicants were promotees to SS III or direct recruits in the category of i f SS III. I We have examined the records in this context as well as have considered the submissions made during hearing by both Ld. Counsel 5;
and would infer as follows:-
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(i) Admittedly, the applicants were all engaged as Gr. T)' t:
?■ i employees (temporary Khalasis) as per Annexure A-l to the O.A. r'"
(ii) There is, however, nothing on record to establish that the i applicants received any offer of appointment as direct recruits T in the category of semi-skilled HI and the applicants have not annexed any of such offers of appointment in their pleadings.
The applicants have also not countered the contentions of the *;
respondents that the applicants were considered under Para (ii) of Rule 159 (1) of IREM Vol. I and were qualified only on the basis of trade tests, *r ■ excepting to contend that the eligibility of minimum three years regular K service of three years residency period offering of options or conduct of \ written test, viva-voce etc. was not applied in the case of the applicants h.
during their selection as SS III. i The applicants, however, neither in their Original Application, nor in their rejoinder have anywhere averred the details of their participation in any selection process prior to their engagement as Semi-Skilled III r direct recruits by the respondent authorities. is.
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5^/ o.a. 350.01552.2014 with ma. 350.603.2017
8. Applicant No. 1 has not offered any rebuttal to the entry in his service book as per Annexure R-3 to the O.A. and no records have been furnished before us to demonstrate that at least applicant No. 1 had 1 } objected to being recorded as a promoteion 27.3.1981 vis-a-vis his claim that he was engaged as a direct recruit. F-
The applicants would rely on O.A. No. 1135/2012 (Subrata Mukherjee 60 ors. v. Union of India & ors.) read with O.A. No. 1148 of ■ 2012 (Samir Ranjan Roy & ors. v. Union of India & ors.) in which i this Tribunal had granted applicants one more financial upgradation under the MACP Scheme upon holding that the applicants therein had £• .
fs received only two promotions and that the entry grade of the applicants is in Gr. 'C\ ;
We have examined the contents of the cited O.A. in details and we 1
i 5-. ■
find that the factual difference in the cited O.A.s and the instant O.A. are .V"
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as follows:-
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p.
f (i) That, in the cited O.A., MACP had initially been granted to the >• ' '
applicants and, thereafter withdrawn with consequent orders f ¥: '■
on recovery which had been challenged by the applicants t-
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initially in O.A. No. 580 of 2011, and, thereafter in the cited t;
O.A.s, assailing the speaking order issued in compliance to •i directions in O.A. No. 580 of 2011.
(ii) In Para 11 of the cited O.A., this Tribunal had referred to 1 certain annexures whereby documents- were annexed demonstrating that a certain applicant, namely, Naba Kumar Saha was indeed given appointments on 12.2.1981 as r \ \ il V I i I TOW pST''-
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■Sb'o.a. 350,01552.2014 with ma. 350.603.2017 M temporary/adhoc Trimmer'and vvas thereafter appointed on S !.
■3 f regular basis on Skilled Grade on 18.2.1981. In the case of 1 I-
another applicant, namely, one Somnath Banerjee, order on his regular appointment was issued 7 days after his appointment on temporary basis.
Accordingly, the Tribunal concluded, as the employee could l-
not be promoted from Gr. 'D' to Gr. 'C; within a period of one week, B-
entry grade of the applicant in the cited O.A. was in Gr. 'C*. V $ * In the instant matter, no such documents have been listed by the r* F' applicants wherefrom we can derive that the applicant's regular E-
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I-
appointment followed almost immediately after their appointment as a .1 % temporary Khalasi (Gr. T>'). • tr fee From the extracts of the service book annexed as R-3 to the O.A. in the case of the applicant No. 1, there was a difference of nearly 2 years t between his appointment as Gr. 'D' and his purported promotion to Gr. % 'C\ The applicants have not placed anything before us to establish as to what specific examination process they had undertaken to be considered % as a direct recruit as per Rule 159(1) of the Vol. I of IREM nor have they i disputed that they had participated in the trade test as contended by the i respondent authorities.
■:
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v The respondent authorities, in response to directions of this fit Tribunal, could furnish certain promotional orders which refers to s•
-'i promotions to SS I but has not been able to furnish before us the t;
) promotional orders of the applicants to SS III as claimed by the £ respondents in their pleadings.V' 5
f.
I c 36 o.a. 350.01552.2014 with ma. 350.603.2017 Hence, we are of the considered view that in the absence of .
substantiating records, as furnished by certain applicants in the cited O.A.s, it is difficult to arrive at a firm conclusion that the entry grade of the applicants was indeed in Gr. 'C' and that the appointment of the applicants in Semi-Skilled Gr. Ill is to be treated as direct recruitment.
10. Accordingly, we would like to dispose of this O.A. with the following observation and directions:-
« In the event, the applicants were appointed directly as Gr. 'O' Artisans/Semi-Skilled Gr. Ill, they would be in possession of their offers of appointment/appointment orders.
(ii) The applicants are hence accorded liberty to approach the competent respondent authorities by means of a representation annexing such appointment orders within a period of six weeks from the date of receipt of a copy of this order. And, in the event, the applicants approach with such documents as directed above, the competent respondent authorit}^ will examine the veracity of such claim vis-a-vis their records, and, thereafter, decide in the light of this Tribunal's judgment in Subrata Mukherjee & ors. (supra) and Samir Ranjan Roy & ors. (supra).
The respondents will decide within a period of 16 weeks from the date of receipt of such representations from the concerned applicants, and, if it is decided conclusively that the applicants were indeed appointed in the entry grade of Gr. 'C', one more benefit under MACP ■ .v «•'V'T'*3 T .-i1- i ! "W »»• ! o.a. 350.01552.2014 with ma. 350.603.2017 ■■J Scheme should be granted to the applicants and consequent benefits should follow within a period of 8 weeks therefrom.
11. With these directions, the O.A. is disposed of. No costs.
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(Dr. Nandita Chatterjee) (Bidisha Banerjee)
Administrative Member Judicial Member
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