Central Administrative Tribunal - Delhi
Shri Badre Alam Ansari vs Union Of India Through on 4 January, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No.1426/2008
With
O.A. No.1446/2007
O.A. No.1427/2008
New Delhi this the 4th day of January, 2012
Honble Mr. Shailendra Pandey, Member (A)
OA-1426/2008
1. Shri Badre Alam Ansari,
S/o Late Shri Raham Ali Ansari,
Care JP-51, Maurya Enclave,
Pitampura, Delhi-110088.
2. Shri Mohd. Haneef,
S/o Late Shri Mohd. Jeelai,
Moh. Hamayupur, Uttari (North),
Near Shuseel Ball Bihar
Prathmic Viddalaya,
P.O.Gorakhnath,
Gorakhpur-273015 (UP).
3. Shri W.H.Siddiqui,
S/o Late Shri H.R.Hussain,
C-164/163,
Narsinghpur,
Gorakhpur City-273001.
4. Shri R.P.Dubey,
S/o Late Shri S.P.Dubey,
Adarsh Nagar, Tulsi Rani,
P.O. PAC,
Gorakhpur (UP).
5. Shri Sajjad Hussain Siddiqui,
S/o Late Shri H.R.Hussain,
Moh. Narsinghpur,
Gorakhpur City.
Pin-273001 (UP).
6. Shri A.P.Verma,
S/o Late Shri A.C.Verma,
Moh. Humauyapur,
Gorakhpur (UP).
Pin-273015.
7. Shri Ekram Prasad,
S/o Late Shri Bhagirathi Rani
Village Budhipur,
P.O. Chainpur,
Distt. Balia (UP).
8. Shri Lal Kishore Pd.,
S/o Late Shri Man Mohan Dass,
37/B, Manmohan Kunj,
Shastri Nagar, Bichiya Camp,
Gorakhpur-273014 (UP).
9. Shri Ram Pratap Gupta,
S/o Shri Shri Uma Shankar Gupta,
C-127/178, Delejagpur,
Gorakhpur-273001 (UP).
10. Shri S.P.Gaur,
S/o Late Shri R.N.P.Gaur,
108-E, Islam Chok,
Behind Ansar School
Ghasikatra,
Gorakhpur-273001 (UP).
11. Shri Jalaluddeen Khan,
S/o Late Shri Mohd. Yaseen Khan,
Moh. Turkmanpur,
Near Masjid of Sultan Khan,
P.O.Geeta Press,
Gorakhpur (UP).
12. Shri Sita Ram Chaudhary,
S/o Late Paras Ram,
Village Sadik Ganj,
P.O.Baniabari, Sant Kabeer Nagar,
Khalilabad.
13. Shri Brij Lal Prasad,
S/o Late Shri Manki,
House No.2/83, Rail Vihar,
Phase-II, Chargawan,
Gorakhpur (UP).
14. Shri Hari Har Nath,
S/o Late Shri Roop Lal,
C-130/710,
Moh. Asuran Pakhra,
C/o Nain Optics,
Basharatpur,
Gorakhpur (UP).
15. Shri Dinesh Chand Srivastava,
S/o Late Lalta Prasad Srivastava,
Moh. Jafra Bazar Near Pakartrii,
P.O.Jafra Bazar,
Gorakhpur (UP).
16. Shri Dhru Shankar,
S/o Late Shri Bankey Lal,
R/o 801/B, Huayunpur North,
Kathari Bagh,
P.O.Gorakhnath,
Gorakhpur- 273015 (UP)
17. Shri Hasan Zaman Khan,
S/o Late Shri Sher Zaman Khan,
R/o Moh. Milan Bazar (S),
Near Imli Tree,
Gorakhpur-273 001 (UP)
18. Shri Donald Banerji,
S/o Late Shri R. Ranerji,
R/o Moh. Kharria Pokhra,
P.O. Basharatpur,
Gorakhpur (UP)
19. Shri U.N. Sarkari,
S/o Late Shri T.N. Sarkari,
R/o Moh. Mohan Lal Pur,
Gorakhpur (UP)
20. Shri Ram Krishan Singh,
S/o Late Shri Chandrika Singh,
R/o Moh. Chaksa Hussain,
(Durga Mandir),
H. No. 775/D, Ram Janki Nagar,
P.O. Bashratpur, Gorakhpur (UP)
21. Shri Mohd. Waheed,
S/o Late Shri Rali,
Moh. Asuran Pokhra,
P.O. Bashratpur,
Gorakhpur (UP).
22. Shri Ram Chander,
S/o Shri Guru Prasad,
Village Dhodhara,
P.O. Bhainsaual, Sardar Nagar,
Gorakhpur (UP).
23. Shri Vakeel Prasad Yadeo
S/o Late Shri Sheo Pattak Yadeo,
Moh. Vishnupuram, 475-C,
P.O. Basaratpur, Gorakhpur (UP)
24. Shri Anwarul Hasan Ansari,
S/o Late Shri Mohd. Ishaqu Ansari,
Moh. Qazipur Reharwa, P.O. Maghar,
Sant Kabeer Nagar (UP).
25. Shri Prahlad Lal Srivastava,
S/o Late Shri A-B, Srivastava,
Village Maghar, Distt. Sant Kabeer Nagar (UP).
26. Shri R.A. Singh,
S/o Late Shri R.R. Singh,
Moh. Basaratpur,
Behind Chaturvedi Hospital,
P.O. Basaratpur,
Distt. Gorakhpur (UP)
27. Shri Sant Kumar Mathur
S/o Late Shri Bhan Pratap Mathur,
Ishwari Dayal Building,
90, Latouch Road, Arya Samaj Road,
Ganesh Ganj, Lucknow.
28. Shri R.R. Benjamin,
S/o Late Shri E. Benjamin
177/50, Gwynne Road,
Near Devi Scooter Repairer,
Paper Market, Aminabad,
Lucknow (UP).
29. Shri Ram Lagan Prasad,
S/o Late Shri Shiv Balak,
Moh. Basaratpur,
P.O. Basaratpur, Gorakhpur (UP)
30. Shri Vijay Kumar Srivastava,
S/o Late Shri Baldev Prasad Srivastava,
House No. 860-H, Industrial Area,
Gorakhnath, Gorakhpur (UP)
31. Akhtar Hussain,
S/o late Shri Amir Khan,
Karbala Campus (Puttam Saheba),
Opposite Ayurvedic College
Haiderganj, Lucknow (UP)
32. Shri Ashoka Kumar Shukla,
S/o late Shri D.P. Shukla,
620/121, West Block,
Tulsi Bihan Keshoo Nagar,
Kanpur (UP)
33. Shri S.B. Alam,
S/o late Shri Syed Shafiq Alam,
Manohar Nagar Colony, Dulhipur,
P.O. Mugalsarai, Distt. Chandauli.
34. Shri A. Ansari,
S/o late Zamil Abdeen,
C/o Haridutt Upadhaya,
Manas Nagar Phulwari,
Near Durga Mandir (Cantt.),
Vacanasi (UP).
35. Shri S.A.R. Rizvi,
S/o late Shri Shanshan Shah Hussain,
Loharpur House, Before Eras Hospital,
Sarfraj Ganj, Lucknow.
36. Shri Bhagwan Dass,
S/o late Shri Pooran Lal,
Behind Shiv Mandir,
Madhi Nath, Bareilly (UP).
37. Shri Ved Prakash,
S/o late Shri Lorind Chand,
Phushboo STD, PCO Badwali Dhani
Old Depot Road, Mausam Vibhag Office,
Hisar (Haryana).
38. Shri N.N. Rai,
S/o late Shri Markanday Rai,
House No. 22, G. Awantika,
Suncity Vistar, Bareilly (UP).
39. Shri Iqbal Jeet Singh,
S/o late Shri Bardev Singh,
House No.2, Swagat Bihar,
Gandhi Nagar, Bareilly (UP).
40. Shri Baij Nath Pd. Yadeo,
S/o late Shri Khusro Yadeo,
House No. 107-A, Sun Rize Colony,
Behind RK University, Bareilly (UP).
41. Shri Budh Prakash,
S/o late Shri Om Prakash,
House No. 32, Khannu Mohalla,
Bareilly (UP).
42. Shri N.K. Kohli,
S/o late Shri Kishan Lal Kohli,
938/1-2, Janak Puri, Bareilly City (UP).
43. Shri Malkhan Singh,
S/o late Shri Jai Chand Singh,
Phooka Mal Ka Bagh,
Nadrai Gate, Kasganj, Eta (UP).
44. Shri Girja Dutt,
S/o late Shri Brij Billas,
Care Santosh Kumar,
Shastri Nagar, Near Crasing Gate,
Manikapur, Distt. Gonda (UP).
45. Shri Bhagwan Bux Singh,
S/o late Shri R.A. Singh,
Village Bankasia, Post Office Sumeripur,
Gonda (UP). -Applicants
(By Advocate: Shri G.D. Bhandari)
Versus
Union of India through
1. The Chairman,
Railway Boards,
Ministry of Railways,
Rail Bhawan,
New Delhi.
2. The General Manager,
North-Eastern Railway,
Gorakhpur (UP).
3. The Divisional Railway Manager,
North-Eastern Railway,
Lucknow (UP).
4. The Divisional Railway Manager,
North-Eastern Railway,
Izatnagar (UP).
5. The Divisional Railway Manager,
North-Eastern Railway,
Varanasi (UP). . Respondents
O.A. 1446/2007
1. Shri Omio Kumar Barat,
S/o Late Shri Ganesh Chandra Barat,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
R/o E-3/53, Geeta Palli,
Alambagh,
Lucknow-224 005 (UP).
2. Shri Moinuddin Khan,
S/o Late Naimullah Khan,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
R/o 548, GHA/75, Brij Vihar,
Brij Bihar Colony,
Teji Khera,
Manak Nagar,
Lucknow-226 011 (UP).
3. Shri Ganpati,
S/o Late Shri Sukh Lall,
Redt. Sr. Loco Inspector,
Northern Railway,
Pilibhit.
R/o ED-1/598, Sector D-1,
L.D.A. Colony,
Kanpur Road,
Lucknow-226 012 (UP).
4. Shri Bhagwan Das,
S/o Late Shri Gangadin,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
R/o 923 B-11, Manas Bagar,
Gol Khirki,
Krishna Nagar,
Lucknow (UP).
5. Shri Shamimuz Zafar,
S/o Late Shri Latif Ahmad,
Redt. Sr. Loco Inspector,
Northern Railway Diesel Shed,
Alambagh,
Lucknow.
R/o 551 GA/61,
Old Sardari Khera,
Alambagh,
Lucknow (UP).
6. Shri Rama Shankar Sharma,
S/o Late Shri Niranjan Lal Sharma,
Redt. Sr. Loco Inspector,
Northern Railway Diesel Shed,
Alambagh,
Lucknow.
R/o 61-A, Malviya Estate,
Vijay Nagar,
Alambagh,
Lucknow (UP).
7. Shri Bhagwan Prasad,
S/o Late Shri Nar Singh Bahadur,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
C/o M.U. Khan,
548-GHA/76,
Brij Bihar Colony,
Teji Khera,
Lucknow (UP).
8. Shri Bhagwan Prasad Srivastava,
S/o Late Shri Raghubir Prasad Srivastava,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
R/o C-2/135, Sector-H,
L.D.A. Colony,
Kanpur Road,
Lucknow-12 (UP).
9. Shri Gyan Chand Kalyan,
Shri Late Amar Nath Kalyan,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
R/o 559 kha/165, Sri Nagar,
Singar Nagar,
Alambagh,
Lucknow-5 (UP).
10. Smt. Jamila Victor,
(Legal Representative),
W/o Late Sanjeet Victor,
S/o Late Shri H.M.J. Victor,
Redt. Sr. Loco Inspector,
Northern Railway,
Lucknow.
R/o 466/59-B-1,
Mohalla Peer Bukhara,
Hardoi Road,
Chowk,
Lucknow (UP). -Applicants
(By Advocate : Shri G.D. Bhandari)
Versus
Union of India, through
1. The General Manager,
Northern Railway,
Baroda House,
New Delhi.
2. The Secretary,
Ministry of Railways,
Railway Boards,
Rail Bhawan,
New Delhi.
3. The Divisional Railway Manager,
Northern Railway,
Lucknow, UP. .. Respondents.
(By Advocate : Shri R.L. Dhawan)
O.A. No.1427/2008
1. Shri R.K. Agarwal,
S/o Late Shri R.K. Gupta,
Redt. Sr. Loco Inspector/Dsl.,
Diesel Shed,
North-Eastern Railway,
Izatnagar,
Bareilly (UP).
Care House No.50/11,
Ground Floor,
Ashok Nagar,
New Delhi.
2. Shri L.C.K. Nagrani,
S/o Late Shri K.P. Nagrani,
Redt. Sr. Loco Inspector,
North-Eastern Railway,
Izatnagar,
Bareilly (UP).
R/o C-518, Rajendra Nagar,
Izatnagar,
Bareilly (UP),
Pin-243122.
3. Shri Jugal Kishore Tiwari,
S/o Late Shri N.K. Tiwari,
Redt. Loco Inspector/Dsl.,
Diesel Shed,
North-Eastern Railway,
Izatnagar,
Bareilly (UP).
R/o 108, Sant Nagar,
Near Air Force Gate,
Izatnagar,
Bareilly (UP).
4. Shri R.K. Sharma,
S/o Late Shri Chander Kishore Sharma,
Redt. Loco Inspector,
Diesel Shed,
North-Eastern Railway,
Izatnagar,
Bareilly (UP).
R/o 24, Bhairon Mathpuram,
Nainital Road,
Koharapur,
Bareilly (UP). .. Applicants
(By Advocate : Shri G.D. Bhandari)
Versus
Union of India, through
1. The Chairman,
Railway Boards,
Ministry of Railways,
Rail Bhawan,
New Delhi.
2. The General Manager,
North-Eastern Railway,
Gorakhpur.
3. The Divisional Railway Manager,
North-Eastern Railway,
Izatnagar (UP). .. Respondents.
(By Advocate : Shri R.L. Dhawan)
O R D E R
The issue involved in all these three OAs is identical and accordingly these are being disposed of by this common order.
2. The applicants in all the three OAs had retired as Senior Loco Inspectors/Chief Controller ( a Supervisory Group Cadre, Group-C post) on various dates as shown in the respective OAs. They are seeking the benefit of reckoning of 55%-75% element of running allowance in their basic pay for purposes of computation of pension and other related benefits on the basis of certain orders of the Tribunal, High Courts and the Honble Supreme Court whose particulars are mentioned in Para-1 of the respective OAs. The applicants have sought the following reliefs:-
i) call for the records of the case;
ii) direct the Respondents to extend the benefits granted to similarly situated retired employees by virtue of:-
iii) judgment and orders passed by the Delhi High Court in C.W. No.960/2000, decided on 22.09.2003, Union of India Vs. Krishan Lal, re-affirmed and approved by the Supreme Court on 06.07.2004, Annexure A-3 Allahabad High Courts judgment dated 12.03.1979 in Afsar Jahan Begum Vs. Union of India, which has also been reaffirmed an put a seal of approval by the Supreme Court on 20.07.1988.
Janranjan Basu & Ors. Vs. Union of India & Ors. in OA-1007 of 1993, decided on 19.05.2000, as also R.D. Dixit Vs. Union of India, OA No.396/2006, decided on 05.06.2007.
vi) direct the Respondents to recomputed the pension and other ancillary retirement benefits of the applicants after so refixing the pay as aforesaid.
vii) make payment of the resultant consequential arrears both on account of refixation of pay as also re-computation of pension and other ancillary retirement benefits from the due date to the date of actual payment with 24% p.a. compound interest.
3. It is noticed from the ordersheet dated 2.12.2011, that when these cases had come for hearing on 16.11.2011, the applicants counsel had produced a copy of the order of a Division Bench of this Tribunal dated 07.09.2011 (OA No.717/2009, Shri Dharam Pal & Others v. Union of India & others) in which identical reliefs had been sought and the same case law had been relied on for the relief sought and that the OA No.717/2009 was disposed of by the following order:
..It goes without saying that if identical matter is pending before the Honble Supreme Court in the case of K. L. Mehdiratta and others, the ratio would bind both the parties before us as well. In that event, respondents would have to pass necessary orders in the case of the applicants, therefore no purpose would be served by keeping this O.A. pending.
3. The OA is disposed of with a direction to the respondents to pass fresh orders in the case of applicants on the basis of decision of Honble Supreme Court in the case of K.L. Mehdirattan and others within eight weeks after receiving copy of the judgment of Honble Supreme Court.
4. When it was enquired from the respondents counsel whether the same order can be passed in these cases too, the respondents counsel stated that a preliminary objection of jurisdiction has been taken by the respondents in all these Applications which needs to be decided first, viz., the cases do not fall within the ambit of jurisdiction of Principal Bench but pertain to jurisdiction of benches of this Tribunal at other places, and the applicants should, therefore, have first filed transfer petitions and having failed to do so, the applications cannot be decided by the Principal Bench. This is controverted by the applicants counsel by citing the order of the Honble Chairman dated 29.7.2011 on PT No.107/2011 in OA NO.1135/2011. The said PT was filed pursuant to the similar objection raised by the respondents. While allowing the said PT, the Honble Chairman has made the following observations:-
3. Having heard the learned counsel representing the parties, it is surprising to find an objection as regards the territorial jurisdiction coming from the Railways, when number of similar such matters have since already been decided by various Benches located all over the country. Whether the case is filled in the Principal Bench or some other Bench, it is the view already taken by various Benches that is likely to be followed. The railways have already challenged the orders passed by the Tribunal and I am informed that the SLP against the orders passed by the Tribunal and the High Court is pending in the Honble Supreme Court. In the facts, as mentioned above, it does not appear appropriate for the respondent Railways to have raised objection as regards lack of territorial jurisdiction of the Principal Bench. Be that as it may, as to whether it would be convenient for the applicants to pursue their remedy in Delhi or elsewhere, the respondents cannot be judge in such a cause. It is for the applicants to seek where it is more convenient for them to pursue their remedy.
5. In view of the above order of the Honble Chairman, we are of the view that the issue of territorial jurisdiction will not come in the way of disposing of these applications on the lines on which the OA No.717/2009 has been disposed of.
6. The respondents counsel also stated that some of the original applicants are since deceased and the benefit may not be admissible to their widow/legal heirs. However, in view of the orders being passed in this OA, this would not be a fetter on the respondents in passing orders after satisfying all necessary pre-conditions as per rules (including as to which benefits the legal heirs of the deceased are entitled as per rules). Thus, this aspect would also not come in the way of disposing of these Applications on the lines on which the OA No.717/2009 was disposed of.
7. In view of the above and keeping in view the fact that the three OAs relate to the year 2007 and 2008, we are of the considered view that it would serve no purpose to keep them pending as the final orders must necessarily await the decision of the Honble Supreme Court in K.L.Mehdirattas case (supra), and the decision would bind all the parties concerned.
8. In view of the above, these OAs are disposed of by giving similar directions as were given in OA No.717/2009, viz., that the respondents will pass fresh orders in the case of the applicants taking into account the decision of the Honble Supreme Court in the case of K.L.Mehdirattas case (supra), after it is received. These orders must be issued within a period of 8 weeks from the date of receipt of a copy of the Honble Apex Courts order in K.L.Mehdirattas case (supra).
9. There shall be no order as to costs.
(Shailendra Pandey) Member (A) cc/nsnrsp