Central Administrative Tribunal - Lucknow
Y K Jhingran vs Union Of India on 15 January, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH, LUCKNOW
Original Application No. 332/00015/2015
This the 15th day of January, 2025
Hon'ble Mr. Justice Anil Kumar Ojha, Member-J
Hon'ble Mr. Pankaj Kumar, Member-A
1 Y.K. Jhingran, aged about 58 years, S/o Late Shri Bhola Nath, R/o
314/49 Mirza Mandi Chowk, Lucknow.
2 Shiva Poojan, aged about 62 years, S/o Late Shri Jawahir, R/o
19/1064, Sec- 19 Indira Nagar, Lucknow.
3 Raj Kishore, aged about 53 years S/o Shri Ram Kishan, R/o 266/444,
Bhadewan, Lucknow.
4 Shailendra Nigam, aged about 54 years, S/o Late Shri S.R. Nigam,
R/o B-1, A.R. Appartment, 12-A, Stn Rd. Lucknow.
5 Ashok Kr Mishra, aged about 49 years, S/o Shri Sudhakar Mishra,
R/o 610/2165, Keshav Nagar, Lucknow.
6 Arun Kumar Rai, aged about 52 years, S/o Shri Brindavan Rai, R/o
21/3 Patel Nagar, Sect-9, Lucknow
7 Chandershekhar, aged about 57 years, S/o Late Shri Hari Kishan,
R/o 557/317, Om Nagar, Alambagh, Lucknow.
8 Shailendra Tandon, aged about 46 years, S/o Shri S.N. Tandon, R/o
289/257- A, Arya Nagar Road, Motinagar, Lucknow
9 Somesh Mittal, aged about 51 Years, S/o Late Shri T.C. Jain, R/o 2-
641, Rashmi Khand, Sharda Nagar, Lucknow.
10 Mansa Ram, aged about 58 years, S/o Late Shri Umrao R/o
356/340/938 Raj Garden Colony, Alam Nagar, Lucknow
11 S.S.M. Jafri, aged about 55 years, S/o Late Shri M. Hussain, R/o
881/8, Sector-8 Vikas Nagar, Lucknow.
12 Vinod Kumar, aged about 59 years, S/o Late Shri Munna Lal R/o
403/62, Katra Bion Beg Choupatiya, Lucknow.
13 Aditya Kumar Shukla, aged about 52 years, S/o Late Shri S.K.
Shukla, R/o L-1120 Sector-I, LDA Colony, Ashiyana Lucknow.
14 V.K. Verma, aged about 62 years, S/o Late Shri O.P. Verma R/o MD-
3/169, LDA Colony, Kanpur Road, Lucknow.
15 Rajesh Kumar Chaudhary, aged about 51 years, S/o Shri Shyam
Lal, R/o C-6, Sector C-1, LDA Colony, Lucknow.
16 Jai Prakash Tiwari, aged about 54 years, S/o Late Shri R U Tiwari,
R/o 568 Kha/322 Geeta Palli, Alambagh, Lucknow.
17 Sudhir Kumar Agarwal, aged about 54 years, S/o Late Shri K.N.
Agarwal, R/o LD-131-A Sleeper Ground Alambagh Lucknow.
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18 Ramji Srivastava, aged about 58 years, S/o Late Shri L.B. Lal, R/o
D-474, Sec-D, LDA Colony, Kanpur Road Lucknow.
19 Sadhu Ram, aged about 58 years, S/o Late Shri Mata Prasad, R/o
H.No. - 587-A/315, Gandhi nagar, Telibagh, Lucknow.
20 S.H. Abbasi, aged about 57 years, S/o Late Shri Shamsul Hasan
Abbasi, R/o Type-IV-14-A, Shantipuram Railway Colony, Lucknow.
21 J.P. Mishra, aged about 54 years, S/o Late Shri R.J. Mishra, R/o
551-K, Neelkanth Devi colony, Sanjay Gandhi Marg, Alambagh,
Lucknow.
22 S.K. Singh, aged about 56 years, S/o Shri Lallo Singh, R/o MMD-
1/347A, LDA Colony, Kanpur Road. Lucknow.
23 Syed Jibran Ahmed, aged about 56 years, S/o Syed Mohd Ahmed,
R/o 9 Shahdab Colony, Lucknow.
24 S.I. Ahmed, aged about 54 Years, S/o Late Shri Iftikhar Ahmed, R/o
47 Klay Square Lucknow.
25 G.B. Srivastava, aged about 60 years, S/o Late Shri J.B. Srivastava,
R/o F- 12, Shitlapuram, Rajajipuram Lucknow.
26 Rakesh Kumar Srivastava, aged about 57 years, S/o Late Shri K.P.
Srivastava R/o C-3364, Rajajipuram, Lucknow.
27 Rajesh Kumar, aged about 47 years, S/o Shri S.R. Pathak, R/o 538-
K/314, Triveni Nagar-II, Sitapur Road Lucknow.
28 O.N. Shukla, aged about 53 years, S/o Late Shri H.R. Shukla, R/o
5-568,
Viram Khand, Gomti Nagar, Lucknow.
29 Mohd Ayub Khan, aged about 53 years, S/o Late Shri Anwar Khan,
R/o 117, Shama Vihar Colony, Bagh No-2, Kanpur road, Lucknow.
30 Smt. Pratima Mishra, aged about 53 years, W/o Late Shri R.K.
Mishra, R/o 84/214/A, Karwalo Nagar, Kanpur.
31 Smt. Sufia Haleem, aged about 58 years, W/o Late Shri Abdul
Haleem Khan, R/o 231/80, Bagh Makka, Raja Bazar, Lucknow.
32 Smt. Asha Srivastava, aged about 58 years, W/o Late Shri Prem
Narain Srivastava, R/o C-56/2, Tikait Rai Talab, LDA Colony, Lucknow.
33 Samir Sharma, aged about 53 years, S/o Shri R.C. Sharma, R/o 21-
F, Samar Vihar, Alambagh, Lucknow.
34 Suresh Chandra Khanna, aged about 54 years, S/o Late Shri K.L.
Khanna, R/o L-1534, Sector-I, LDA Colony, Kanpur Road, Lucknow.
35 Anil Kumar Dubey, aged about 54 years, S/o Late Shri R.P. Dubey,
R/o B-32, Kailash Puri, Alambagh, Lucknow.
36 Shiv Vijay Singh, aged about 56 years, S/o Late Shri S.R.Singh, R/o
L-1570 Sec-I, LDA Colony, Kanpur Road, Lucknow.
37 Adya Prasad, aged about 55 years, S/o Late Shri Gullo Prasad, R/o
Kabir Kunj 106T/11A, Manas Nagar, Lucknow.
38 S.K. Bhatnagar, aged about 53 years, S/o Shri B.S. Bhatnagar, R/o
36, Malviya Estate, Vijay Nagar, Kanpur Road, Lucknow.
39 Gopal Krishna Srivastava, aged about 55 years, S/o Shri H.P.
Srivastava R/o Vastu Khand, Gomti Nagar, Lucknow.
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40. S. Waqaruddin, aged about 54 years, S/o Late Shri S. Nooruddin,
R/o E-4- 241/2, Amrapali Yojna, Hardoi Road, Lucknow.
41. Md. Aslam, aged about 57 years, S/o Late Shri Md Ahmad, R/o 8-
A, Vivekanand Puram Kalyanpur, Masjid Ali Lane, Ring Road, Lucknow.
42 V.C. Srivastava, aged about 57 years, S/o Late Shri D.S. Srivastava,
R/o 555 Kha/A-108/1, Bhola Khera, Lucknow.
43. Smt. Jayshri Srivastava, aged about 57 years, D/o Shri H.C.
Srivastava, R/oC-5482, Sec-12, Rajajipuram, Lucknow.
44 Anju Sharma, aged about 51 years, D/o Late Shri D.P. Mehta, R/o
6/708, Vikas Nagar Lucknow.
45 Girish Kumar, aged about 48 years, S/o Shri Tula Ram, R/o D-1/2,
Sec-H, LDA Colony, Kanpur Road, Lucknow.
46 R.K. Bajpayee, aged about 57 years, S/o Late Shri R.B. Bajpayee,
R/o A- 1181, Sec-L, LDA Colony. Kanpur Road, Lucknow.
47 A.C. Khanna, aged about 59 years, S/o Late Shri K.L. Khanna, R/o
A-68-B, Barha Railway Colony, Alambagh, Lucknow.
48 Mitra Prakash, aged about 58 years, S/o Late Shri Tulsi Ram, R/o
559Kha/171, Srinagar, Alambagh, Lucknow.
49 Avinash Chandra, aged about 55 years, S/o Late Shri Shiv Nath,
R/o 34, Shama Vihar Colony, Bagh No-2, Kanpur Road, Lucknow.
50 M.R. Yadav, aged about 59 years, S/o Late Shri Ram kishore Yadav,
R/o 548/C-125, Chandrodaya Nagar, Lucknow.
51 N.U. Siddiqui, aged about 59 years, S/o Late Shri Birjis Qadar, R/o
536 Ka/130, Makka Ganj, Khadra, Lucknow.
52 Smt. Sarojini Tiwari, aged about 54 years, W/o Late Shri Shailendra
Tiwari, R/o 288/116 Kha, Arya Nagar, Charbagh, Lucknow.
53 Smt. Bina Gupta, aged about 57 years, W/o Late Shri Chandra
Prakash Gupta, R/o 244/40, Loha Bazar, Yahiya Ganj Road,
Rakabganj, Lucknow.
54 Dilasa Ram, aged about 57 years, S/o Late Shri Daru Lal, R/o B-16,
Ambedkar Nagar, Vijay Nagar, Krishna Nagar, Lucknow.
55 Smt Meena Duggal, aged about 55 years, D/o Late Shri Y.R. Khullar,
R/o F- 3280, Rajajipuram, Lucknow.
56 Smt Sulekha Gupta, aged about 54 years, D/o Late Shri R.D. Gupta,
R/o E- 1428, Rajajipuram, Lucknow.
57 S.M. Shamim, aged about 52 years, S/o Late Shri S.M. Munir, R/o
D-2, Burlington Apptt, Cantt Road, Lucknow.
58. N.C. Sharma, aged about 56 years, S/o Late Shri Dr. S.C. Sharma,
R/o 186, Arya Nagar, Lucknow.
59 Mohd Ayaz Khan, aged about 59 years, S/o Late Shri Md. Shareef
Khan, R/o C-7. Munawwar bagh, Railway Colony, Lucknow.
60 Amrendra Kumar, aged about 56 years, S/o Late Shri Iqbal Bahadur,
R/o H.N.-2748, Indira Nagar. Lucknow.
61 S.M. Shukla, aged about 59 years, S/o Shri M.D. Shukla, R/o K-
250, Ashiana Colony, Kanpur Road, Lucknow.
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62 Smt. Chanda Srivastava, aged about 52 years, W/o Shri Ajai Kumar
Srivastava, R/o 58-K, Ansal Nest Ashiana, Kanpur Road, Lucknow.
63 Ashok Kumar, aged about 57 years, S/o Late Shri Satya Narayan,
R/o III 39 A, Manwar Bagh, Ashok Nagar, Lucknow.
64 Rajul Saxena, aged about 57 years, S/o Late Shri Sriram Mohan
Saxena, R/o 294/110, Bazar Khala, Lucknow.
65 Ajai Babu Choudhary, aged about 57 years, S/o Late Shri Sri
Babadin Chaoudhary, R/o H.No-41-AB, Adarsh Nagar, Tehri Pulia,
Alambagh, Lucknow.
66 Rakesh Chandra Sonkar, aged about 46 years, S/o Shri Magali
Prasad Sonker, R/o 479, Taj Nagar, Post Barra, Kanpur Nagar.
67 Mool Chand, aged about 57 years, S/o Shri Manohar, R/o A-65-C,
Baraha Rly Colony, Alambagh, Lucknow.
68 Md. Moinul Islam, aged about 54 years, S/o Late Shri Islam Ahmed
Siddiqui, R/o 51-Zeyr Khirki, Unnao.
69 Smt Tripti Kaul, aged about 45 years, D/o Late Shri B.D. Pachouri,
R/o 52/4, Malviya Nagar, Aishbagh, Lucknow.
70 Smt. Madhu anand, aged about 54 years, D/o Late Shri F.B. Khare,
R/o 567/99, Anand Nagar, Lucknow.
71 Km Jyotsna Gupta, aged about 52 years, D/o Shri Prem chand
Gupta, R/o H.No- 180, Sarai Hasan ganj, Lucknow.
72 Vinod Kumar, about 52 Years, S/o Late Shri Ram Pher, aged R/o
968, Manas Nagar, Lucknow.
73. S.K. Chatterjee, aged about 59 years, S/o Late Shri S.K. Chatterjee,
R/6 MIG 1-136, Ruchi Khand, Sharda Nagar, Lucknow.
74 Km. Sushma Narang, aged about 52 years D/o Late Shri Ram Lal
Narang. R/o 126/38, Block -F, Govind Nagar, Kanpur.
75 Sudeep Raj, aged about 47 years, S/o Late Shri Prithvi Prasad, R/o
Type-III, 6A, Manuawar Bagh, Railway Colony, Alambagh, Lucknow.
76 Shyam Babu Verma, aged about 52 years, S/o Late Shri Bhagwan
das Verma, R/o ED-1,1031-1032, Sector D-1, LDA Colony, Kanpur
Road, Lucknow.
77 Shahid Ali, aged about 54 years, S/o Late Shri Syed Ali Zaidi, R/o
335/78, Mahmood Nagar, Lucknow.
78 Ajay Kumar Rastogi, aged about 55 years, S/o Late Shri R.P. Rastogi,
R/o 25F, Samar Vihar Colony, Alam Bagh, Lucknow.
79 Rakesh Kumar Srivastava, aged about 51 years, S/o Late Shri R.N.
Srivastava, R/o Type -IV 2B, Grange Road Colony, Charbagh, Lucknow.
80 A.K. Mishra, aged about 58 years, S/o Late Shri B.P. Mishra, R/o
567/104, Anand Nagar, Barha Road, Lucknow.
81 Shamshad A. Khan, aged about 55 years, S/o Late Shri A.W. Khan,
R/o Flat No- 02, Hira Bazaar, Chowk, Lucknow.
82. Smt. V.K. Dubey, aged about 52 years, D/o Late Shri S.S. Dubey,
R/o K- 1148A, Ashiyana, Lucknow.
83. H.P. Dutta, aged about 60 years, S/o Late Shri NC Dutta, R/o L-
1584, Sec-l, LDA Colony, Kanpur Road, Lucknow.
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84. V.K. Dwivedi, aged about 47 years, S/o Shri D.C. Dwivedi Aged, R/o
1271757-W-1 Saket Nagar, Kanpur.
85. Ram Kishore Tewari, aged about 59 years, S/o Shri R.S. Tewari,
R/o Vill- Khajuriya Katra Distt- Raebareili.
86. Kamlesh Kumar, aged about 50 years, S/o Shri Ganga Prasad, R/o
11-2 Ashok Nagar, Kalyanpur, Kanpur.
87 Punit Kumar Saxena, aged about 53 years, S/o Shri K.L. Saxena,
R/o 102, Lekhraj Residency, Rajajipuram, Lucknow.
88 Saroj Kumar, aged about 57 years, S/o. Lt. Ram Shukla, R/o 2/279,
Ruchi Khand, Sharda Nagar, Lucknow.
89 H.C. Tripathi, aged about 62 years, S/o Late Shri B.D. Tripathi, R/o
Laxmi Bhawan, Goods Shed Road, Aishbagh, Lucknow.
90 P.P. Mishra, aged about 54 years, S/o Late Shri R.S. Mishra, R/o
433/33, Ram Nagar, Balaganj, Lucknow.
91 AmarNath, aged about 59 years, S/o Late Shri Ram Nihore, R/o LD-
115-3 Shantapuram, Alambagh, Lucknow.
92 Chhote Lal, aged about 59 years, S/o Late Shri Bohalal Nath, R/o
10-B-III, Sleeper Ground, Railway Colony, Lucknow.
93 Anil Kumar Prasad, aged about 56 years, S/o Late Shri D Pandit,
R/o 29-A, Hans Nagar Colony, Opposite Para Police Thana, Manak
Nagar, Lucknow,
94 Kamakhya Sinha, aged about 59 years, S/o Late Shri C.P. Sinha,
R/o 158-A, Aradhana Eldeco-I, Lucknow.
95 Sanjeev Kumar, aged about 51 years, S/o Shri Kripa Shankar Lal,
R/o 2/594, Rashmi Khand, Sharda nagar, Lucknow.
96 S.K. Saxena, aged about 56 years, S/o Shri J.P. Saxena, R/o 551-
J/207, Ram Prasad Khera, Alambagh, Lucknow.
97 Shaikh Jafar Ali, aged about 58 years, S/o Late Shri Mohd Qasim
Ali, R/o 266/690- E, Agarwal Quarter, Bhadewaan, Lucknow.
98 H.N. Tripathi, aged about 57 years, S/o Shri V.J. Tripathi, R/o LD-
132-A, Shantipuram Railway Colony, Lucknow.
99 T.D. Singh, aged about 54 years, S/o Late Shri V.B. Singh, R/o D-
48, Vinay Nagar, Krishna Nagar, Lucknow.
100. Shri Pal, aged about 58 years, S/o Late Shri Sarjoo Das, R/o New
Behsa, Near LDA, TP Nagar, Lucknow.
101. Satyendra Bahadur Srivastava, aged about 53 years, S/o Late Shri
J.B. Srivastava, R/o E-5124, Rajajipuram, Lucknow.
102. Vinod Kr. Mishra, aged about 51 years, S/o Late Shri R.K. Mishra,
R/o SS- 1963, H, LDA Colony, Lucknow.
103. I.K. Pandey, aged about 50 years, S/o Late Shri Mahabeer Prasad
Pandey, R/o E-1/728/H, LDA Colony, Lucknow.
104 S.R. Mishra, aged about 59 years, S/o Late Shri R.K. Mishra, R/o
47, Bajrang Nagar, Kanpur Road, Lucknow.
105 A.K. Nathani, aged about 59 years, S/o Late Shri M.S. Nathani, R/o
5-146, Vikas Nagar, Lucknow.
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106 Mohd Atique, aged about 56 years, S/o Late Shri Shahid Hussain,
R/o D-55, Sarvodaya Nagar, Lucknow.
107 R.P. Pandey, aged about 60 years, S/o Late Shri S.S. Pandey R/o-
E-1/729, Sector-11.LDA.Colony, Lucknow.
....Applicants.
By Advocate: Shri Praveen Kumar.
VERSUS
1. UNION OF INDIA, through the Secretary, Ministry of Railways,
Railways Bhawan, New Delhi.
2 The Chairman, Railway Board, Rail Bhawan, New Delhi.
3. The General Manager, Northern Railway, Baroda House, New Delhi.
4 The General Manager (Accounts), Northern Railway, Baroda House,
New Delhi.
5. The Deputy Director, Pay Commission -5, Railway Board, New Delhi.
6. The Sr. Divisional Finance Manager, Northern Railway, Hazratganj,
Lucknow.
7. The FA&CAO, Rail Coach Factory, Lalganj, Raebareilly.
8. The Senior Divisional Engineer-Coordination, Northern Railway,
Hazratganj, Lucknow.
9. The Senior Assistant Finance Advisor, Northern Railway, Alambagh,
Lucknow.
10. The Senior Assistant Finance Advisor- Workshop, Northern Railway.
Charbagh, Lucknow.
11. The Assistant Finance Advisor, Railway Claims Tribunal, Northern
Railway. Lucknow.
12. The Senior Assistant Finance Advisor -S, Northern Railway,
Charbagh, Lucknow.
13. The Deputy Finance Advisor- Construction, Northern Railway,
Charbagh, Lucknow.
....Respondents.
By Advocate:-Ms. Sandhya Dubey.
O R D E R (ORAL)
Per Hon'ble Mr. Justice Anil Kumar Ojha, Member-J Heard learned counsel for the applicants, learned counsel for the respondents and perused the records.
2. Through this OA the applicants have prayed for the following reliefs:-
"1. To quash the impugned order dated 29.10.2014 and para 3 of RBE No.48 of 2003 dated 07.03.2003 in respect of the applicants, contained as Annexure NoA-1 & A-2 to this OA with all consequential benefits while extending the benefits of the judgment passed by the Hon'ble Patna High court in the matter of Sudama Singh (supra).7
2. To release the arrears of pay during the period from 01.01.1996 till 19.02.2003 along with interest @ 12% per annum from the date of judgment of the Hon'ble Patna High Court.
3. Any other relief, which this Hon'ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.
4. Cost of the present case."
4. At the outset, learned counsel for the applicants submitted that matter has been decided by the Principal Bench, which has been upheld by Delhi High Court and benefits have been extended to the similarly situated employees.
5. Further argued that this OA may be disposed of in the light of the judgments filed by applicant alongwith the written submissions.
6. Learned counsel for the respondents opposed the submissions.
7. Keeping in view the rival contentions of the learned counsel for the parties, it would be appropriate to direct the respondents/competent authority to dispose of this OA in the light of the judgments filed by the applicants alongwith written submissions passed by Hon'ble High Court of Delhi at New Delhi in W.P. (C) 1523/2016 All Indian Railway Accounts Staff Association & Others vs. Union of India & Others dated 18.12.2019 and the judgment passed by Principal Bench New Delhi in OA No.795/2015 connected with others OAs Sri Debananda Bhattacharjee & Others vs. Union of Indian & Others dated 16.08.2022.
8. In view of the above, the impugned orders Annexure A-1 dated 29.10.2014 and Annexure A-2 Para 3 of RBE No.48 of 2003 dated 07.03.2003 deserve to be quashed.
9. Accordingly, impugned orders Annexure A-1 and Annexure A-2 are quashed with a direction to the respondents/competent authority to decide the case of the applicants in the light of the judgments passed in W.P.No.1523/2016 All Indian Railway Accounts Association & Others Vs. Union of India & Others and the judgment passed by Principal Bench New Delhi in OA No.795/2015 connected with others OAs Sri Debananda Bhattacharjee & Others vs. Union of India & Others dated 16.08.2022 within a period of three months from the date of receipt of certified copy of this order.
10. It is clarified that we have not considered the merits of the case of the applicants. It is for the respondent/competent authority to decide whether the facts of this OA and facts of the judgments cited by the learned counsel for the applicant are similar or not.
The OA is disposed of accordingly.
8There is no order as to costs.
Miscellaneous application(s) pending, if any, also stand disposed of.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Ak/-
Digitally signed by Amit Kumar
Amit Kumar Date: 2025.01.20 09:42:23
+05'30'