Central Administrative Tribunal - Delhi
Shri A.P. Mishra vs Union Of India : Through on 6 April, 2011
Central Administrative Tribunal Principal Bench O.A. No. 1135/2011 New Delhi, this the 6th day of April, 2011 Honble Mrs. Meera Chhibber, Member (J) Honble Mr. Shailendra Pandey, Member (A) 1. Shri A.P. Mishra S/o Late Sri Harihar Mishra Age 66 years Retired as Sr. Loco Inspector Dhanbad C/o 24 AB Hill Colony, P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 2. Shri M.P. Yadav S/o Late Sri Maghan Rai Age 66 years Retired as Sr. Loco Inspector Dhanbad Near G.N. College, Samudayak Bhawan Bhuda P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 3. Shri P. K. Mallick S/o Late Anil Chandra Mallick Age 64 years Retired as Sr. Loco Inspector Dhanbad C/o B.N. Roy, Manoram Nagar, L.C. Road, P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 4. Sri Raghu Nandan Prasad S/o Late Babuan Prasad Age 76 years Retired as Sr. Loco Inspector Dhanbad Profesher Colony Chiragora Gate No.12, P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 5. Shri S. Sengupta S/o Late Bhola Nath Sengupta Age 75 years Retied as Sr. Loco Inspector Dhanbad Visti Para, Bilind Ashirbad Nursing Home, P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 6. Shri Mohan Lal Chakraborty S/o Late Sitanath Chkraborty Age 76 years Retired as Loco Inspector Dhanbad Hari Narayan Nagar, Barmashia, P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 7. Sri Ramayan Prasad S/o Late Barmeshwar Prasad Age 62 years Retired as Sr. Loco Inspector Gomoh P.O.Maneshpur Via Bandal, District Hugly Pin Code-712123 State West Bengal. 8. Shri Ram Kewal Prasad S/o Late Budhu Mahto Age 65 years Retired as Loco Inspector Garhwa Road Village Tandwa (New Area) P.O. & District Garhwa Pin Code-822114 State Jharkhand. 9. Shri Arjoon Das Mishra S/o Late Sri Harihar Mishra Age 62 years Retired as Sr. Loco Inspector Gomoh At Warisali Ganj Near Muskan Hospital P.O. Warisali Ganj District Nawadah State Bihar. 10. Sri Ram Nagina Singh S/o Late Age 69 years Retired as Sr. Loco Inspector Gomoh Yadav Muhalla Purana Bazar P.O. Gomoh District Dhanbad State Jharkhand. 11. Sri Raj Deo Singh S/o Late Ganga Dayal Singh Age 66 years Retired as Sr. Loco Inspector Dhanbad Village Shahabad P.O. Mirza Chouki District Bhagat Pur, State Bihar. 12. Sri Ramjee Lall S/o Late Shew Dayal Sharma Age 67 years Retired as Sr. Loco Inspector Gomoh Village Khesmi P.O. Gomoh District Dhanbad State Jharkhand. 13. Sri Narendra Kumar Mahto S/o Late Nanku Mahto Age 60 years Retired as Loco Inspector Dhanbad Village Barmashia P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 14. Sri Kartik Mahto S/o Late Ghanshyam Mahto Age 64 years Retired as Sr. Loco Inspector Dhanbad Village & P.O. Keshari District Giridih State Jharkhand. 15. Sri Salim Ansari S/o Late Suramali Ansari Age 67 years Retired as Sr. Loco Inspector Gomoh Village Lalludih P.O. Gomodh District Dhanbad State Jharkhand. 16. Sri Jamwanti Devi W/o Late Raghubans Singh Age years (RBS) Retired as Loco Inspector Dhanbad Quarter No. LIG-246 Housing Colony, P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 17. Sri Keshri Prasad W/o Late K.D. Prasad Age 65 years (KDP) Retired as Loco Inspector Dhanbad Ayub Bihar Sector-! Behind Big Bazar Saraidhela P.O. Saria Dhela District Dhanbad Pin Code-826001 State Jharkhand. 18. Sri Basudeo Prasad S/o Late Somar Parasad Age 73 years Retired as Sr. Loco Inspector Patherdih Babudih Besid Zila School P.O. Dhanbad Polytechnic District Dhanbad Pin Code-826001 State Jharkhand. 19. Sri Braj Kishore S/o Late Shio Pujan Age 65 years Retired as Sr. Loco Inspector Gomoh Village Raja Bagan, Laluduh P.O. Gomomh District Dhanbad Pin Code-826001 State Jharkhand. 20. Sri Sekh Sahabuddin S/o Md. Karim Age 73 years Retired as Sr. Loco Inspector Barwadih At Better Solution Equra Maszid Shoping Complex Main Road Side Ranchi State Jharkhand. 21. Sri B.P. Shaw S/o Late Kesho Shaw Age 63 years Retired as Loco Inspector Singrolly Loco Colony Bazar, Patherdih Near Railway Quarter No.323, P.O. Mohan Bazar Patherdih District Dhanbad State Jharkhand. 22. Shri Bachan Singh S/o Late Sohan Singh Age 68 years Retired as Sr. Loco Inspector Gomoh MIGH-39 Housing Colony P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 23. Sri Baldeo Shaw S/o Late Sukhdeo Shaw Age 69 years Retired as Loco Inspector Patratu Naya Gaon P.O. Jamalpur District Mongher Pin Code-811214 State Bihar. 24. Sri R.G. Biswas S/o Late Dasrath Biswas Age 75 years Retired as Sr. Loco Inspector Gomoh Village Harpapur P.O. & District Narayanpur State West Bengal. 25. Sri Rajendra Prasad S/o Late Rameshwar Prasad Age 69 years Retired as Loco Inspector Patratu Babudih Polytechnic P.O. & District Dhanbad Pin Code-826001 State Jharkhand. 26. Sri Rama Bahadur Sharma, S/o Late Shri Suraj Narayan Sharma, Age 67 years, Retired as Sr. Loco Inspector, Danapur. Rly. Qr.No.3/AB, Loco Colony Khagaul, Near Balia High School, P.O. Khagaul, Distt. Patna, Pin Code 801105. State-Bihar. 27. Sri A.N. Sinha, S/o Late Shri Rajendra Prasad Sinha, Age 69 years, Retired as Sr. Loco Inspector, Danapur, Swajpur More, Alok Niwas, P.O. Khagaul, Distt. Patna, State-Bihar. 28. Sri D.P. Tiwari, S/o Late Shri Bishnu Dayal Tiwari, Age 67 years, Retired as Sr. Loco Inspector, Maldah, Vill. Tiwari Chauk, P.O. Sandesh, Distt. Bhojpur, State-Bihar. 29. Sri S.P. Sarkar, S/o Late Shri Tarak Nath Sarkar, Age 67 years, Retired as Sr. Loco Inspector, Howrah. 76, Katgora Lane Hooshs, P.O. Hooshs & Distt. Hoogly, State-West Bengal. 30. Sri S.P. Bhagat, S/o Late Lakshmi Prasad Bhagat, Age 71 years, Retired as Sr. Loco Inspector, Bandel. Survey View Park, House No.68, P.O. Bandel & Distt. Hoogly, State-Bihar. 31. Sri Pravat Kumar Banerjee, S/o Late Shri Dayanidhi Banerjee, Age 76 years, Retired as Sr. Loco Inspector, Dhanbad, Hirapur Hari Mandir, Ward No. 4, House No.17, P.O. & Distt. Dhanbad, Pin Code 826001. State-Jharkhand. 32. Sri Priyatosh Majumdar, S/o Late Shri Ramani Mohan Majumdar, Age 76 years, Retired as Sr. Loco Inspector, Dhanbad. F-17/1, Karunamayee Estate, Salt Lake, P.O. Sech. Bhawan, Kolkata, Pin Code 826001. State-West Bengal. 33. Sri Anumudha Moitra, S/o Late Shri Ashutosh Moitra, Age 76 years, Retired as Sr. Loco Inspector, Kolkata. Bankim Kanan, House No.15, P.O. Chuchura (RS), Hoogly, Pin Code 712102. State-West Bengal. 34. Sri S.S.P. Singh, S/o Late Shri Mathura Prasad, Age 66 years, Retired as Sr. Loco Inspector, Dhanbad. Vill. Jitpur, P.O. Gomoh, Distt. Dhanbad. State-Jharkhand. 35. Sri Digamber Jha, S/o Late Shri Sarbeshwar Jha, Age 73 years, Retired as Sr. Loco Inspector, Dhanbad. Village Lagma, P.O. Lagma via Ghanshyampur, Darbhanga, State-Bihar. 36. Ganesh Chander Ghosh, S/o Late Shri Bishnu Charan Ghosh, Retired as Sr. Loco Inspector, Dhanbad, R/o Mainadanga-Chuchura, Distt. Hoogli (W.B.) - 712102. .. Applicants By Advocate : Shri G.D. Bhandari. Versus Union of India : through 1. The Secretary, Railway Board, Ministry of Railways, Rail Bhawan, New Delhi. 2. The General Manager, Eastern Railway, Fairy Place, Kolkata (W.B.). 3. The General Manager, East Central Railway, Hajipur (Bihar). 4. The Divisional Railway Manager, Eastern Railway, Howrah. 5. The Divisional Railway Manager, East Central Railway, Dhanbad (Bihar). 6. The Divisional Railway Manager, Eastern Railway, Maldah (W.B.). 7. The Divisional Railway Manager, East Central Railway, Danapur (Bihar). 8. The Divisional Railway Manager, East Central Railway, Mughalsarai (U.P.). Respondents O R D E R By Honble Mrs. Meera Chhibber, Member (J) :
This OA has been filed by as many as 36 applicants, who have sought the following relief:-
(i) to direct to the respondents to extend the benefits granted to similarly situated retired employees in terms of the following judgments:-
judgment and orders passed by the Delhi High Court in C.W. No. 960/2000 decided on 22.9.2003, Union of India Vs. Krishan Lal, reaffirmed and approved by the Supreme Court on 6.7.2004.
Allahabad High Courts judgment dated 12.3.1979 in Afsar Jahan Begum Vs. U.O.I., which has been reaffirmed and a seal of approval has been put by the Supreme Court on 20.7.1988.
(c) Janranjan Basu & Others Vs. U.O.I. & Others in OA 1007/1993 decided on 19.5.2000.
(ii) to direct the respondents to recompute the pension and other ancillary retirement benefits of the applicants after so refixing their pay by including 75% - 55% add-on element of running allowance to pre-1.1.1983 retirees and post-1.1.1983 retirees in terms of Railway Boards order No.188/1992 dated 25.11.1992.
(iii) make payment of the resultant consequential arrears both on account of refixaiton of pay as also recompution of pension and other ancillary benefits from the due date to the date of actual payment with 24% p.a. compound interest.
2. However, perusal of the memo of parties shows that all the applicants retired from Jharkahand, West Bengal and Bihar. Though they have impleaded the Secretary, Railway Board, Ministry of Railways, Rail Bhawan, New Delhi, as a party in this case but none of the orders passed by the Railway Board have been challenged in this case. On the contrary, applicants are seeking benefits of the Railway Boards letter dated 25.11.1992. Not only the applicants are residents of Bihar, Jharkhand and West Bengal but they were working also under Eastern Railway, North East Central Railway at Hazipur (Bihar), DRM, Eastern Railway, Howarh, DRM, East Central Railway Dhanbad, DRM, Eastern Railway, Maldah, DRM, East Central Railway, Danapur and DRM, East Central Railway, Mughalsarai, UP. It is thus clear that even if any Railway Boards letter is required to be implemented, it would be done by the DRM of respective Railways. Therefore, it cannot be stated that any cause of action has arisen at New Delhi, as such, Principal Bench would have no jurisdiction to deal with this case unless permission is taken from the Honble Chairman. At this juncture it would be relevant to refer to Rule 6 of the CAT (Procedure) Rules, 1987 which for ready reference reads as under:-
6. Place of filing applications (1) An application shall ordinarily be filed by an application with the Registrar of the Bench within whose jurisdiction
(i) the applicant is posted for the time being, or
(ii) the cause of action, wholly or in part, has arisen:
Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under Section 25, such application shall be heard and disposed of by the bench which has jurisdiction over the matter.
(2) Notwithstanding anything contained in sub-rule (1) persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application. In the instant case, no such permission has been taken by the applicants for filing the OA at the Principal Bench.
3. Counsel for the applicants strenuously argued that number of other cases have been filed in the Principal Bench by similarly situated persons who were also resident of other places and notices have already been issued, namely, OA No. 1426/2008 and OA No. 3825/2010, therefore, same orders may be passed in this case also. While it may be correct that notices have been issued by co-ordinate benches, but that alone would not give us any right to entertain the OA at Principal Bench because if we do not have the territorial jurisdiction, any order passed by the Principal Bench would only be a nullity in the eyes of law. In view of above, the best course of action would be to give liberty to the applicants to file an application before the Honble Chairman for filing the OA at New Delhi as that would be in the applicants own interest because in that event the orders passed by this Tribunal would be binding on the respondents. It is also relevant to note that similar issue as raised in the present OA is pending in the Honble Supreme Court as has been noted itself by the co-ordinate bench in OA No. 1446/2007. Noting the above fact, above-said OA has been adjourned sine die. This has been quoted only to show that there is no immediate urgency in the matter and the applicants can take permission from the Honble Chairman to file the OA at Principal Bench. The OA is accordingly adjourned for 2 weeks so that counsel for the applicants may move the aforesaid application.
4. List this case after the PT is decided.
(SHAILENDRA PANDEY) (MRS. MEERA CHHIBBER)
Member (A) Member (J)
Rakesh