Central Administrative Tribunal - Delhi
Rajiv Gupta vs M/O Railways on 2 June, 2016
1
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.1157/2015
With
OA No.1802/14
New Delhi, this the 02 day of June, 2016
Hon'ble Mr. P.K. Basu, Member (A)
Hon'ble Dr. Raj Vir Sharma, Member (J)
OA No. 1157/2015
1. Rajiv Gupta S/o Sh. S. Gupta, Division Cashier
2. Suresh Sahu, Divisional Cashier
3. R.P.Savita, Divisional Cashier
4. Ashok Kumar, Incharge Office Cash
5. K.K. Joshi, Incharge Office Cash
6. Arjun Singh, Incharge Office Cash
7. A.K. Deepak, Incharge office Cash
8. U.S. Mishra, Incharge Office Cash
9. A.K. Verma Incharge Office Cash
10. S.K.Sahu, Senior Cashier
11. Kaisher Hussain , Senior Cashier
12. Tanmai Singh, Senior Cashier
13. A.K. Nagich, Senior Cashier
14. Manish Bajpai, Senior Cashier
15. Pradeep Jain, Senior Cashier
16. Sanjive Tripathi, Senior Cashier
17. Ajai Arora, Senior Cashier
18. Sanjive Agriya Senior Cashier
19. Wazid Kahn Mansoori, Senior Cashier
21. S.K. Jatav I.O.C.
All the Petitioners/Applicants are posted /retired in the Office of
Northern Central Railway, Jhansi ........Applicants.
(By Advocate : Mr. Yogesh Pachauri Prakash Singh)
Versus
1. Government of India, Ministry of Railway (Railway Board),
New Delhi through its Chairman,
2. Executive Director Establishment (General ) Railway
Board, New Delhi.
3. General Manager, Northern Central, Allahabad
2
4. Finance Advisor and Chief Accounts Officers, Northern
Central Railway, Allahabad.
5. Senior Divisional Finance Manager, Northern Central
Railway Jhansi,
........ Respondents
(By Advocate: Mr. Kripa Shankar Prasad for R-1
Mr.VSR Krishna for R-2 )
OA No. 1802/2014
1. U.S. Meena, aged 51 years,
S/o Late Sh. Tursi Singh,
Working as Inspector of Cashier,
Northern Railway, Delhi
R/o 385, Gaushala Phatak, Ghaziabad
2. Jai Prakash, Aged-51 Years,
S/o Late Sh. Amar Nath,
Working as Sr. Cashier, Northern Railway, Delhi
R/o H.No. 36, Sunder Nagar, Near DRM Office,
Ambala Cantt.
3. M.S. Rawat, Aged-55 years,
S/o Late Sh. Gian Singh,
Working as Inspector of Cashier,
Northern Railway, Delhi
R/o 218/3, Railway Colony, Kishanganj, Delhi.
4. Harbhagwan, Aged-46 years,
S/o Sh. Ram Kanwar,
Working as Sr. Cashier,
Northern Railway, Delhi
R/o D. 83, Ahsok Vihar, Gurgaon.
5. Praveen Sharma, Aged-42 Years,
S/o Late Sh. Prem Chand Sharma,
Working as Sr. Cashier,
Northern Railway, Delhi
R/o H.No. 30/72A, Street-8, Vishwas Nagar,
Shahdara, Delhi
6. Gaurav Chandna, Aged-35 Years,
S/o Sh. Hansraj,
Working as Sr. Cashier,
Northern Railway, Delhi
R/o 66-C, Pocket-A, Vikaspuri, Delhi-18
7. Jai Kishan, Aged-46 years,
S/o Sh. Mohan Lal,
3
Working as Khallasi, Northern Railway, Delhi
R/o B-2887, Gali No. 72, Sant Nagar,
Buradi, Delhi-84
8. Ranbir, Aged-51 Years,
S/o Sh. Bhagwant,
Working as Khallasi, Northern Railway, Delhi
R/o C-113, Janta Jiwan Camp, Tigdi,
Khanpur, New Delhi-62
9. J.P. Sharma, Aged 56 Years
S/o Sh. M.B. Sharma,
Working as Divl., Cashier, Northern Railway, Delhi
R/o H.No. 1584/113, Tri Nagar, Delhi-35
10. Juggan Babu, Aged-55 Years,
S/o Sh. Shankar Lal,
Working as Sr. Cashier,
Northern Railway, Delhi
R/o E-136/I, Railway Colony, Shakurbasti,
Delhi-34
11. N.S. Meena, Aged-45 Years,
S/o Sh. H.S. Meena,
Working as Sr. Cashier, Northern Railway, Delhi
R/o O/90, Gandhi Colony, NIT Road,
Faridabad.
12. Pramod Mandal, Aed-37 Years,
S/o Sh. R.N. Mandal,
'Working as Sr. Cashier, Northern Railway, Delhi
R/o 123/15, Railway Colony, Delhi Kishanganj,
Delhi
13. Praveen Kumar, Aged-50 Years,
S/o Sh. Kishan Lal,
Working as Khallasi, Northern Railway, Delhi
R/o Flat No. 117, 39, Swarkar Appts., Patparganj,
New Delhi
14. Ram Partap, Aged-50 years,
S/o Sh. Gordhan Dass
Working as Cashier, Northern Railway, Delhi
R/o VPO Bhodwal Majri, Tehsi Samalkha,
Distt. Panipat (Haryana)
15. Dharam Singh, Aged-49 Years,
S/o Sh. Suraj Mal,
Working as Senior Cashier, Northern Railway, Delhi
R/o 18/348, MCD Flats, Sector 20,
Rohini, Delhi-86
16. Ram Prasad, Aged- 56 Years,
S/o Sh. Ram Bahal,
4
Working as Sr. Cashier, Northern Railway, Delhi
R/o 133/1, DCM Railway Colony,
Delhi Kishanganj.
17. Rameshwar, Aged-56 Years,
S/o Sh. Ram Swaroop,
Working as Chowkidar, Northern Railway, Delhi
R/o 105/12, Sarai Rohilla, Delhi Kishanganj, Delhi
18. Jai Kishan, Aged 52 Years,
S/o Sh. Bishan Lal,
Working as Khallasi, Northern Railway, Delhi
R/o 192/1, Railway Colony, Tis Hazari, Delhi-54
19. Rajiv Sharma, Aged-49 Years,
S/o Sh. Ram Kishan,
Working as Sr. Cashier, Northern Railway, Delhi
R/o 201/12, Lajpat Nagar, Gurgao (Haryana)
20. Ashwani Kumar, Aged-49 Years,
S/o Sh. Ram Kishan,
Working as Sr. Cashier, Northern Railway, Delhi
R/o E-25, Hastsal Vihar, Uttam Nagar,
New Delhi-110059
21. Swapan Kumar, Aged 33 Years,
S/o Sh. Jalbir Singh,
Working as Sr. Cashier, Northern Railway, Delhi
R/o 1/45, Ram Nagar Extension,
Mandoli Road, Shahdara, Delhi-32
22. Bhagat Ram, Aged-54 Years,
S/o Sh. Dhani Ram,
Working as Divisional Cashier, Northern Railway,
Delhi R/o G-432, Sector 17, Vasundhra, Ghaziabad
23. Sanjeev Kumar, Aged-32 Years,
S/o Late Sh. Jagat Singh,
Working as Khallasi, Northern Railway, Delhi
R/o 126/2, Railway Colony, Delhi Kishanganj,
Delhi-110007
24. Devki Nandan, Aged-56 Years,
S/o Late Sh. Omkar Singh, Working as Sr. Cashier,
Norhtern Railway, Delhi
R/o 96, Richpal Puri, Sihani Gate, Ghaziabad
5
25. Veneet Chandok, Aged-38 Years,
S/o Sh. C.M. Chandok,
Working as Senior Cashier, Northern Railway, Delhi
R/o 11/11, Railway Colony, Kishanganj, Delhi
26. R.K. Dhawan, Aged-57 Years,
S/o Late Sh. P.N. Dhawan,
Working as Divl. Cashier, Northern Railway, Delhi
R/o 20-B/61-B, Tilak Nagar, New Delhi-110018
27. Vijay Kumar, Aged-57 Years,
S/o Sh. Hargobind,
Working as Senor Cashier, Northern Railway, Delhi
R/o T-3688, Sri Nagar, Gali No. 5,
Shakurbasti, Delhi-110034
28. O.P. Panwar, Aged-58 Years,
S/o Sh. Champa Lal,
Working as Divl. Cashier, Northern Railway, Delhi
R/o B93/1, North Chajju Pur, Shahdara, Delhi
29. Kumud Verma, Aged-43 Years,
S/o Late Sh. Data Ram Verma
Working as Senior Cashier, Northern Railway, Delhi
R/o F-186, Sec-09, New Vijay Nagar,
Ghaziabad (U.P.)
30. Kanhya Lal, Aged-47 Years,
S/o Sh. Dhinger Singh
Working as Senior Cashier, Northern Railway, Delhi
R/o 1905, Basti Julhan, Idgah Road,
Gali Mandir Wali, Sadar Thana, Delhi-06
31. B.S. Rawat, Aged-48 Years,
S/o Late Sh. Mehar Singh,
Working as IOC, Northern Railway, Delhi
R/o 371/ Sector-13A, Dwarka, New Delhi-78
32. T.K. Prasad, Aged-44 Years,
S/o Sh. Bacha Lal
Working as Senior Clerk, Northern Railway, Delhi
R/o D-15/69, Sec-3, Rohini, Delhi
33. Surender Tiwari, Age-55 Years,
S/o Sh. Gautam Tiwari,
Working as O.S., Northern Railway, Delhi
6
R/o H.No. 301, Gali No. 4, Gau Puri,
Ghaziabad
34. Thundi Ram Meena, Aged-48 Years,
S/o Sh. Ram Niwas Meena,
Working as Divsional Cashier, Delhi
R/o 12/105, BEE Railway Colony, Sarai Rohilla
35. Shiv Raj Singh, Aged-58 Years,
S/o Late Sh. Iqbal Singh,
Working as Inspector of Cashier, Northern Railway,
Delhi
R/o 319-A, Jagriti Vihar, Sec. 23.
Raj Nagar, Ghaziabad
36. Shankar Singh, aged-58 Years,
S/o Sh. Gaya Singh,
Working Khallasi, Northern Railway, Delhi
R/o 176/8, Sarai Rohilla, Delhi
37. Man Singh, Aged-50 Years,
S/o Late Sh. Tarif Singh,
Working as Shroff, Northern Railway, Delhi
R/o 221-D, Railway Colony, Bhoor Bharat Nagar,
Ghaziabad,
38. Jyoti Prasad, Aged-50 Years,
S/o Late Shri Nathi Prasad,
Working as IOC/DC/DLI
R/o A-204/613, Rajiv Mohalla, Gali No. 1,
Mandawali, Delhi-92
39. Beera, Aged-58 Years,
S/o Sh. Asha Ram,
Working as Khallasi, Northern Railway, Delhi
R/o Gali No. 8, H.No. 610, Narela, Delhi-40
40. Jagpal Singh, Aged-45 Years,
S/o Sh. Udal Singh,
Working as Khallasi, Northern Railway, Delhi
R/o H. No. 198/6, Azad Nagar, Badaut,
Baghpat (U.P.)
41. S.K. Bakshi, Aged-53 Years,
S/o Sh. Mangat Rai,
Working as Senior Cashier, Northern Railway, Delhi
7
R/o A-77, Ganesh Nagar, New Delhi-18
42. Sushil Kumar Singh, Aged-39 Years,
S/o Sh. A. Singh.
Working as Khallasi, Northern Railway, Delhi
R/o 78A/5, Moti Bagh, Railway Colony, Delhi
43. Ram Niwas, Aged-58 Years,
S/o Sh. Ghisa Ram,
Working as Khallas, Northern Railway, Delhi
R/o RZC-10/7, Gali No. 21 B, Sadh Nagar-II,
Palam, New Delhi-45.
44. Naresh Kumar, Aged-40 Years,
S/o Sh. Ram Singh Working as Senior Cashier,
Northern Railway, Delhi
R/o V.P.O. Rohad, Distt. Jhajjar (Har.)
45. Ramesh Chnd Gupta, Aged-57 Years,
S/o Late Sh. M.M. Gupta
Working as 10C/DC/DLI
R/o KC-5, IInd Floor, Kashyap Farm,
Ganesh Nagar-II, Shakarpur, DLI-92
46. Man Mohan, Aged-48 Years,
S/o Late Sh. Ram Saran,
Working as Khallasi, Northern Railway, Delhi
R/o Mohalla, Khakrowan Balmiki Basti,
Gujran Gate Dak Khas Sardhana,
Distt. Meerut (U.P)
47. Ramesh Chand, Aged-59 Years,
S/o Sh. Shankar Dass,
Working as Khallasi, Northern Railway, Delhi
R/o 96/2, Railway Colony, Kishanganj, Delhi
48. Vijay Pal, Aged 48 Years,
S/o Sh. Lilu Ram,
Working as IOC/DC/DLI
R/o H.No. 532, Sector HUDA,
Bhiwani (Haryana)
49. Kaushlesh Prasad Gaur, Aged-55 years,
8
S/o Sh. Takker Gaur,
Working as Sr. Khallasi, Northern Railway, Delhi
r/o E-68 A, Arya Nagar, Ghaziabad.
50. Manoj Kumar, Aged-48 Years,
S/o Sh. Jai Singh,
Working as Sr. Cashier, Northern Railway, Delhi
R/o
A-6/521, East Gokalpuri, Delhi-94
51. Ram Sukh, Aged-53 Years,
S/o Late Sh. Ram Prasad,
Working as Khallasi, Northern Railway, Delhi
R/o 97/7, Railway Colony, Delhi Kishanganj
52. Sukhbir Singh, Aged-56 Years,
S/o Sh. Harpal Singh,
Working as Khallasi, Northern Railway, Delhi
R/o Vill. Basera , PO Pahadpur,
Distt. Saharanpur (U.P.)
53. Ashok Kumar, Aged-50 Years,
s/o Sh. Yad Ram Singh,
Working as Khallasi, Northern Railway, Delhi
R/o H. No. 61, Sec.-12, Pratap Vihar,
Ghaziabad
54. Udai Shankar Pal, Aged-34 Years,
S/o Sh. Ram Khilawan,
Working as Khallasi, Northern Railway, Delhi
R/o 125/13, Railway Colony, Kishanganj, Delhi-06
55. Raj Pal, Aged 51 Years,
S/o Sh. Bhim Singh,
Working as Sr. Cashier, Northern Railway, Delhi
R/o Vill. & Post Baliana, Distt. Rohtak (Har.)
56. Amarjeet Singh, Aged-55 Years,
S/o Sh. Nahar Singh,
Working as Senior Cashier,
R/o 18/11, Railway Colony, Kishanganj,
Delhi-110007
9
57. Mohan chand Joshi, Aged-30 Years,
S/o Sh. Ramdutt Joshi,
Working as Khallasi, Northern Railway, Delhi
R/o 1/119, Delhi Sarairohilla, Delhi
58. Bajrang Bihar, Aged-61 Years.
s/o Sh. Ram Manohar,
Retired to the post of Sr. Cashier,
Northern Railway, Delhi
R/o H.No. 796/35, Janta Coplony, Rohtak (Har.)
59. Vishnu Prasad, Aged-56 Years,
s/o Sh. Prem Prasad,
Working as Chowkidar, Northern Railway, Delhi
R/o 178/8, Dlehi Sarai Rohilla, Delhi
60. R.S. Mishra, Aged-62 Years,
S/o Late Sh. Ram Saran Mishra,
Retired to the post of Inspector of Cashier,
Northern Railway, Delhi
R/o J-287, Prem Nagar-II, Nangloi,
Delhi-110086.
61. Ramesh Chander, Aged-60 Years,
S/o Sh. Makhan,
Retired to the post of Inspector of Cashier,
Northern Railway Dlehi
R/o B-12C, DDA Flat, Delhi Shahdara
62. Virender Kushwaha, Aged 60 Years,
S/o Late Sh. Udai Vir Singh,
Retired to the post of Khallasi,
Northern Railway, Delhi
R/o Vill Tyorbuzang Post Khas
Tehsil Sikarpur, Distt. Bulandshehar (U.P)
63. Poonam Chand, Aged-60 Years,
S/o Bharat Singh,
Retired to the post of Khallasi,
Northern Railway, Delhi
R/o Village Kallupur, Distt. Sonepat (Haryana)
64. Yogendra Kumar Sharma, Aged-60 Years,
S/o Late Sh. Babu Ram Sharma,
Retired to the post of Divl. Cashier,
Northern Railway, Delhi
10
R/o III E-86, Nehru Nagar, Ghaziabad.
65. Brij Mohan, Aged-64 Years,
S/o Late Chaju Ram,
Retired to the post of Divl. Cashier,,
Northern Railway, Delhi
R/o B-91, North Chhajupur,
100 Feet Road, Shahdara, Delhi-94
66. Om Parkash, Aged-60 years
S/o Late Sh. Chhotu Ram,
Retired to the post of Inspector of Cashier,
Northern Railway, Delhi
R/o N-47, Malka Ganj, Delhi-07
67. Jagdish Kumar, Aged-61 Years,
S/o Sh. Bishan Lal
Retired to the post of Khallasi,
Northern Railway, Delhi
R/o 191B.A. Railway Colony,
Tis Hazari, Delhi-54
68. Baljeet, Aged-62 Years,
S/o Sh. Moji Ram,
Retired to the post of Khallasi,
Northern Railway, Delhi
R/o Vill & Post Kharawar,
Distt. Rohtak (Haryana)
........Applicants.
(By Advocate : Mr. Yogesh Sharma)
Versus
1. Union of India through
The Secretary,
Ministry of Railway, Railway Board,
Rail Bhawan, New Delhi
2. The Executive Director Establishment/General,
Ministry of Railway, Railway Board,
Rail Bhawan, New Delhi
3. The General Manager,
11
Northern Railway, Baroda House,
New Delhi. ..... Respondents
(By Advocate: Mr. Kripa Shankar Prasad for R-1
Mr.VSR Krishna for R-2 )
ORDER (ORAL)
Hon'ble Mr. P.K. Basu, Member (A) Heard the learned counsel for both sides.
2. The basic issue arises out of the Railway Board RBA 17/2013 dated 25.07.2013. Vide this letter the Railway Board has revised the maximum ceiling limit for payment of honorarium to Cashiers and other Cash & Pay Staff from 01.01.2010 onwards, incorporating the ceiling limit of 25 % of his/her only annual basic pay plus grade pay and this ceiling limit would be reviewed for a downward revision after one year. It is made clear in this letter that the revised rate would apply w.e.f. 01.01.2010. Learned counsel for the Railways, Mr.Kripa Shankar Prasad has placed the order dated 09.10.2013 by which it has been clarified as under:-
i) Honorarium sanctioned by the Board prior to the issue of the letter dated 25.07.2013 need not be reopened and
ii) The ceiling stipulated in the letter is applicable to all Cash and Pay Office staff including shroffs. 12
3. This has become clear that all the past cases where honorarium has been paid earlier prior to issue of the letter dated 25.07.2013 are not to be reopened. It is, therefore, prayed by the learned counsel that none of the applicants would be adversely affected because their grievance apply to the period prior to 25/27.07.2013
4. Learned counsel for the applicant in OA No. 1802/14, however, points out that the railways have issued from time to time revision in rates of honorarium and in this regard the letter dated 13.11.2003 has been issued revising rate w.e.f. 01.07.2003; letter dated 14.11.2006 incorporating the revised rates from 01.07.2006; and finally the letter dated 17.03.2010 incorporating revised rates w.e.f. 01.07.2009. It is stated that every three years these rates were revised and as such revision was to be made after three years i.e. 01.07.2012. However, the impugned order dated 25.07.2013 was issued revising rates w.e.f. 1.1.2010. It is stated by the learned counsel for the applicant in OA 1802/14 that the applicants are being adversely affected because their claim for honorarium, though presented before the authorities for the period prior to 25.07.2013 based on the rates effective from 01.07.2009, had not been cleared before issue of circular dated 25.07.2013 and now the respondents have taken a stand that they would apply new rates w.e.f. 13 1.1.2010 as indicated in the letter dated 12.02.2013. According to the learned counsel this is discrimination meted out to these employees since they would be deprived of the higher rates just because the bills have been kept pending by the respondents.
5. Learned counsel for the respondents, Mr.VSR Krishna relying on the judgment in Civil Appeals No.4578/2006 with Nos. 4579- 80of 2006 decided on 8.12.2009 in Union of of India vs. Shankar Lal Soni and anothers [ (2010) 12 Supreme Court Cases 563], points out that this Tribunal should not interfere in matter of policy as the circular dated 25.07.2013 is a matter of policy.
6. Learned counsel for the respondents Mr.VSR Krishna also raised the issue that there is no question of retrospective effect of letter dated 25.07.2013 as it would be effective from 1.1.2010 and therefore, ground of retrospective effect of the applicants is a specious argument. It is further stated that prayer in the OA, is primarily to quash the impugned Railway Board letter dated 25.07.2013. The question of discrimination raised by Mr. Yogesh Sharma is fresh and new and this prayer, therefore cannot be permitted. If the applicant was aggrieved, he should have approached the respondents through a representation on which the respondents could take a view. 14
7. We have heard the counsel for the both sides. Through letter dated 07.09.2013 the Railway Board has now clarified that cases of honorarium relating to period prior to 25.07.2013 are not to be reopened and, therefore, this takes care of the grievance of the applicant in OA No. 1157/15. However, letter dated 07.09.2013 uses the word "sanctioned". Therefore, the applicants case in OA NO. 1802/2014 does not get covered by this circular because though the bills claiming honorarium were presented by the applicants they had not been "sanctioned" prior to 25.07.2013. Therefore, the honorarium not being "sanctioned" is result of failure on behalf of the respondents but because of this the respondents are depriving them of the higher rates and applying letter dated 25.07.2013.
8. We are, therefore, of the opinion that claim of these applicants for period prior to 25.07.2013 also be disposed of in accordance with the rate applicable w.e.f. 01.07.2009 and to that extent circular dated 07.09.2013 will stand modified i.e honorarium due prior to 25.07.2013 will be sanctioned as per rates effective from 01.07.2009.
9. The OA is disposed of with the above directions. The respondents shall examine claim for honorarium of the applicants 15 as per our directions above and pass a final order within a period of two months from the date of passing of this order.
(Raj Vir Sharma) ( P.K. Basu)
Member (J) Member A)
/mk /