Central Administrative Tribunal - Allahabad
Vijay Shanker Tripathi vs Smt Saumya Mathur, General Manager, N E ... on 18 November, 2025
Reserved
On 29th October, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD
*********
Contempt Petition No. 322 of 2024
In
Original Application No. 456 of 2024
Allahabad this the 18th day of November 2025
Hon'ble Mr. Rajnish Kumar Rai, Member-J
Hon'ble Ms. Manju Pandey, Member-A
1. Vijay Shanker Tripathi aged about 61 years son of Shri Prem Narayan
Tripathi, retired Train Manager (Mail/Express), N. E. Railway, Lucknow
Division, H.Q. Gorakhpur R/o 141/353- Humayunpur South, near Amar
Singh School, Gorakhpur.
2. Arshad Shamim Siddiqui aged about 61 years S/o M.S.Q. Siddiqui, retired
Station Master, Pepeganj, N. E. Railway, LJN H.Q. Gorakhpur R/o- Kholi
No. 3, Jafra Bazar, Gorakhpur.
3. Pramod Kumar Tewari aged about 61 years S/o Shri H.P. Tewari, retired
Station Superintendent, Jhilohi, N.E. Railway, Gorakhpur, R/o- 715/M Ram
Janki Nagar, Parwatipuram, Near Shiv Mandir, Gorakhpur.
4. Subodh Kumar Gupta aged about 61 years S/o Shri Ram Nagina Gupta,
retired Senior Technician (Signal Maintainer), N. E. Railway, Lucknow,
H.Q. Gorakhpur R/o-House No. D/288- Surya Bihar, Suraj Kund, Avaas
Vikas Colony, Near Khusboo Marriage Hall, Gorakhpur.
5. Nanhaki Devi aged about 61 years W/o- Shri Uma Shanker, retired Senior
Porter (Traffic), DRM (Optg.), N.E. Railway Varanasi R/oVillage: Haripur,
Post: Bansdeeh Road, District: Ballia.
6. Harish Kumar Singh aged about 62 years S/o- Shri Niwas Singh, retired
Chief Trains Clerk, N.E. Railway, Lucknow Division, H.Q. Gorakhpur R/o-
House. No. 1140, Mohalla: Mohaddipur, Post: Koonda-Ghat, District:
Gorakhpur.
7. Ashok Kumar Gupta aged about 62 years S/o- Late Shri Ram Awadh
Swarnkar, retired Senior Technician ian (Signal Maintainer), N.E. Railway,
Lucknow Division, H.Q. Gorakhpur R/o- Maya Bazaar, South Gate, Side of
Shiv Mandir, Gorakhpur.
8. Vishnu Dev aged about 63 years S/o-Shri Chhotu Ram, retired Senior
Technician Carpenter, Mechanical Workshop, Ν.Ε. Railway, Gorakhpur
R/o- H.No. 285-M Maharana Pratap Teacher Colony, Nakaha No. 1, Post:
Basharatpur, Gorakhpur.
9. Krishna Nand Gupta aged about 63 years S/o- Jawahar Lal Gupta, retired
Senior Technician (Switchboard Attendant), N.E. Railway, Gorakhpur R/o-
House No. C/143/471, Aundhiyari Bagh, Gorakhnath Gorakhpur U.P.
10. Rajeev Pal aged about 64 years S/o Shri Jai Singh Pal, retired Enquiry
cum Reservation Clerk, N.E. Railway, Izzatnagar, Bareilly H.Q. Gorakhpur
MANISH MEHROTRA R/o- Vaishali Colony, infront of Sugar Mill Colony, Kashipur, Udham Singh
Nagar (Uttrakhand).
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11. Shreekant Singh aged about 64 years S/o Shri Shyam Nandan Singh,
retired Accounts Assistant, under Principal Finance Advisor, N. E. Railway,
Gorakhpur R/o- 747N, Ram Janki Nagar, Post: Basharatpur, Gorakhpur.
12. Ram Krishna Chauhan aged about 64 years S/o Shri Gabbu Lal, Retired
Guard (Mail/Express), N.E. Railway, Lucknow Division, H.Q. Gorakhpur
R/o- Dharmshala Bazar, F.C.I. Taxi Stand, Jatepur South, Gorakhpur.
13. Fakeer Chandra aged about 65 years S/o Shri Kashi Ram, retired Track
Maintainer Grade-II, N.E. Railway, Izzatnagar, Bareilly, HQ Gorakhpur
R/o- Hasanpur Uttari, Swar, Post: Rahmatganj, Rampur.
14. Ashok Kumar Rai aged about 65 years S/o- Shri Paras Nath Rai retired
A.S.I./RPF N.E. Railway, Izzatnagar Division, H.Q. Gorakhpur R/0- Durga
Palpur Parma, Beri Padao Haldwani, Post: Matahaldu, District: Nainital.
15. Krishna Kumar Sharma aged about 65 years S/o- Shri Ram Sharma,
retired Track Maintainer Grade-I, N.E. Railway, Izzatnagar R/oRajendra
Nagar, Kharagpur, Devipur, Kashipur (near Telephone Exchange),
Kashipur.
16. Madan Mohan Singh aged about 66 years S/o Shri Rama Shanker Singh,
retired Loco Pilot (Mail/Express), N.E. Railway, Varanasi H.Q. Gorakhpur
R/o- Village: Maanpur, Post: Chitbadagaon, District: Ballia.
17. Madan Ram aged about 66 years S/o- Shiv Baran, retired Hospital
Attendant, Medical N.E. Railway, Varanasi H.Q. Gorakhpur R/oVillage:
Shripur, Post: Takarsan, Bansdih Road, District: Ballia (Retired on
30.06.2018).
18. Rajjan aged about 66 years S/o- Shri Babu Lal, retired Helper Khallasi,
N.E. Railway, Kashipur, H.Q. Gorakhpur R/o- Rajeev Nagar Colony, Ward
No. 13, Bazpur District: Udham Singh Nagar.
19. Harish Chandra Barthwal aged about 66 years S/o Late Shri Sachhida
Nand Barthwal, retired Station Superintendent, Chattarpur N.E. Railway,
Izzatnagar, H.Q. Gorakhpur R/o. Preet Vihar, Lane No. 03, Kanharwala,
Bhaniyawala, Doiwala, Dehradun.
20. Ashok Kumar Verma aged about 66 years S/o Shri Ramji Verma, retired
Senior C.D.I. Gorakhpur, R/o- House No. 386- A, Adarsh Nagar (Near
Central Bank), Krishna Nagar, Post: Basharatpur, Gorakhpur.
21. Santosh Kumar Srivastava aged about 67 years S/o Late Shri Kripa
Shanker Srivastava, retired Station Superintendent, N.E. Railway, Fefna,
Varanasi Division, H.Q. Gorakhpur, R/o- Jaapleenganj, (Behind Ram Leela
Stage), Ballia.
22. Gobardhan Prasad aged about 67 years S/o Late Shri Jagdish Prasad,
retired Station Superintendent, Tajpur Dehma, Varanasi H.Q. Gorakhpur
R/o- Village and Post: Chitbaragaon, District: Ballia.
23. Shashi Bhushan Pandey aged about 67 years S/o Late Shri Raj Kishore
Pandey, retired Senior Section Engineer (C&W), DRM Office, Varanasi,
H.Q. Gorakhpur R/o- Village: Nasiruddinpur, Post: Khetabpur,
Kasamabad, Ghazipur.
24. Ashok Kumar Mishra aged about 68 years S/o- Late Shri A.N. Mishra,
retired Chief Commercial Inspector, Kashipur D.R.M. Izzatnagar, H.Q.
Gorakhpur R/o- House No. 7, Sanskriti Homes, Vaishali Colony, Near
P.N.B., Kashipur, Udham Singh Nagar (U.K.).
25. Ram Narayan Singh aged about 68 years S/o Late Shri Ram Briksh Singh,
retired Goods Guard, N. E. Railway, Varanasi Division, H.Q. Gorakhpur
MANISH MEHROTRA R/o- Village: Kusumha, Post: Bardeeha Dal, District: Deoria- U.P.
26. Balbhadra Singh aged about 68 years S/o Late Shri Saryu Prasad Singh,
Retired Goods Guard, N.E. Railway, Varanasi H.Q. Gorakhpur, R/o-
Village: Haripur, Post: Banshdeeh Road, District: Ballia.
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27. Chhedi Lal aged about 69 years S/o- Late Shri Heera Lal, retired Traffic
Inspector of Accounts, N.E. Railway, Gorakhpur R/o- House No. 073,
Hazaripur, Gorakhpur.
28. Yogendra Nath Kunwar aged about 69 years S/o-Late Shri Ayodhya Nath
Kunwar retired Senior Section Officer (Accounts), under P.F.A./N.E.
Railway, Gorakhpur R/o- 228- Nirala Nagar, Hadahwa Fatak, Basharatpur,
Gorakhpur.
29. Namdar Khan aged about 69 years S/o- Late Shri Abdul Hamid Khan
retired M.C.M. (C&W), N.E. Railway, Varanasi H.Q. Gorakhpur R/o-
Village: Ghodhara, Post: Ghodhara (Bharsar), District: Ballia.
30. Amresh Singh aged about 70 years S/o Late Shri Raas Bihari Singh retired
Pointsman, N.E. Railway, Varanasi H.Q. Gorakhpur R/oVillage: Haripur,
Post: Sukhpura, District: Ballia.
31. Rita Joshi aged about 70 years W/o Shri Pooran Chandra Joshi, retired
Teacher-I, Senior Secondary School, N.E. Railway, H.Q. Gorakhpur R/o-
R.T.O. Road, Chharayal Nayabaad, Haldwani, Nainital.
32. Nandan Singh Bisht aged about 73 years S/o Late Shri Nar Singh Bisht,
retired Station Superintendent, Kathgodam, N.E. Railway, Izzatnagar
Bareilly, H.Q. Gorakhpur R/o- Saket Vihar-I, Himmatpur Malla, Haldwani
Nainital.
33. Shanti Devi (family pensioner) aged about 69 years Widow of Late Shri
Nitya Nand Singh retired Wireman (Electrical), N.E. Railway, Ballia, H.Q.
Gorakhpur, R/o- Village: Haripur, Post: Sukhpura, Ballia.
34. Krishna Pal aged about 74 years S/o Late Shri Jeevan Ram, retired Mate
(Engineering) N.E. Railway, Izzatnagar, Bareilly, H.Q. Gorakhpur R/o-
Vishal Nagar, Jaspur Khurd, Near Shiva Garden, Kashipur.
35. Vijay Bahadur aged about 75 years S/o Late Shri Rama Shanker, retired
Carpenter, N.E. Railway, Varanasi, H.Q. Gorakhpur R/oVillage and Post:
Karnai, District: Ballia.
36. Satpal Gupta aged about 76 years S/o Late Shri Sain Das Mahajan, retired
Executive Engineer, N.E. Railway, Gorakhpur R/o- Sukh Shanti Sadan,
Krishna Enclave, Behind Ram Lila Ground, Kashipur (U.K.).
37. Lallan Prasad Verma aged about 77 years S/o Late Shri Gautam Prasad,
retired Loco Pilot (Mail/Express), N.E. Railway, Lucknow, H.Q. Gorakhpur
R/o- 780-H, Ram Janki Nagar (West), Basharatpur, Gorakhpur.
38. Arjun Lal Tamta aged about 72 years S/o- Late Shri Gusain Ram Tamta,
retired Station Superintendent, Kathgodam, under DRM, N.E. Railway,
Izzatnagar, Bareilly, H.Q. Gorakhpur R/o- Kamla Niwas, Devkhadi, Damua
Dhunga, Post: Kathgodam, District: Nainital.
Petitioners
By Advocate: Shri Santosh Kumar Kushwaha
Vs.
1. Smt. Saumya Mathur, General Manager, N.E. Railway, H.Q. Office,
Gorakhpur.
2. Shri Ajay Kumar Srivastava, G.M. (P)/Principal Chief Personnel Officer,
N.E. Railway, H.Q. Office, Gorakhpur.
3. Shri Sanjeev Jain, Principal Finance Advisor & Chief Accounts Officer, N.E.
Railway, H.Q. Gorakhpur.
MANISH MEHROTRA Respondents
By Advocate: Shri Pramod Kumar Rai
4
ORDER
Delivered by Hon'ble Mr. Rajnish Kumar Rai, Member-A Shri Santosh Kumar Kushwaha, learned counsel for the petitioners is present.
Shri Pramod Kumar Rai, learned counsel for the respondents is present.
2. This Tribunal vide Order dated 02.05.2024 has allowed the O.A. No. 456 of 2024 filed by the petitioners. Vide Order dated 02.05.2024, the respondents were directed, as under: -
"11. Thus, this Tribunal is of the considered opinion that the issue of delay and latches/limitation and continuous wrong as defined by the Apex Court in the aforementioned judgment passed in the case of Tarsem Singh (supra) case also finds a place in the instant original application and accordingly, arrear payment of only three years preceding to the date on which the instant original application was filed is liable to be granted in favour of the applicants, wherever applicable. Accordingly, in view of the above quoted deliberations, the instant OA is allowed at the admission stage itself. Respondents are hereby directed to issue one notional increment to the applicants and further issue revised PPO(s) in this regard. However, arrear payment of only three years preceding to the date of filing of this original application shall be made to the applicants @ 6% simple interest per annum, wherever applicable. The said exercise must be completed within a period of five months from the date of this order without Fail."
When the Order dated 02.05.2024 was not complied, the petitioners have filed the present Contempt Petition.
3. This Tribunal vide Order dated 12.12.2024 has issued notice to the respondent No. 1. In compliance, the respondents have filed the Compliance Affidavit, Supplementary Compliance Affidavit and 2nd Supplementary Compliance Affidavit on behalf of the respondents mentioning therein about the Order of Hon'ble Supreme Court. It is submitted that the Hon'ble Supreme Court vide interim order dated MANISH MEHROTRA06.09.2024 has mentioned about the cutoff date i.e. 01.05.2023 for applicability of their Order dated 11.04.2023. The respondents have 5 further submitted that they have filed the Review Application No. 24/2025 against the Order dated 02.05.2024 of this Tribunal. In para-2 and 3 of the Order in Review Application, this Tribunal has observed, as under: -
"2. Matter pending before the Hon'ble Supreme Court on which basis present Review Application has been filed has finally been decided vide judgment and order dated 20.02.2025 in Misc. Application Diary No. 2400 of 2024 in Civil Appeal No. 3933/2023 (Union of India and another Vs. M. Siddaraj), thus no ground sustained to issue notice in the Review Application to the respondents.
3. Judgment and order passed in the O.A. has to be complied with in light of the direction given by the Hon'ble Supreme Court in the order dated 20.02.2025, thus instant review application (R.A. No. 24/2025) is dismissed under circulation. No costs."
Hence, the respondents submitted that this Tribunal in the Review Application directed that they have to comply the Order of this Tribunal as per the Judgment and order dated 20.02.2025 of the Hon'ble Supreme Court. They further submitted that the benefit of notional increment may only be granted from 01.05.2023 and not from a day prior to 01.05.2023. Subsequently, memorandum dated 17.01.2025 was issued vide which the benefit was given to the applicants w.e.f. 01.05.2023. It is submitted by the respondents that the Order dated 20.02.2025 was passed on a clarification petition filed by Ministry of Railways vide Diary No. 2400 of 2024. Hence, in compliance of direction of Hon'ble Supreme Court, the respondents have issued the revised PPOs in favour of applicants and also issued order about the notional increment.
4. The petitioners have also filed the objection against the compliance affidavit, filed by the respondents.
5. This Tribunal vide Order dated 07.11.2025 has decided the Contempt Petition No. 12 of 2025 Daniel Narendra Paul and others V. Upendra Chandra Joshi and others and the Order dated 12.11.2024 MANISH MEHROTRA in Contempt Petition No. 263/2024 Arun Kumar Singh and others V. Smt. Saumya Mathur and others. The present matter is also similar 6 to the aforesaid matter and filed by the same counsel. In the aforesaid matter, this Tribunal after considering the Judgments and directions, step by step, of the Hon'ble Supreme Court as well as Judgment of the Hon'ble High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 37195 of 2024 (Ajay Kumar Keshav Prasad and others V. Union of India and others), has passed the Order dated 07.11.2025. The relevant portion of the Order is quoted as under: -
"11. After considering the aforesaid facts, as stated above, with regard to payment of interest, we are confined to the Hon'ble Supreme Court Order dated 20.02.2025, which is issued under Article 141 of the Constitution of India, which stated that the law declared by the Hon'ble Supreme Court to be binding upon all Courts/Tribunals within the territory of India and in compliance to the issue settled by the Hon'ble Supreme Court in the case of C.P. Mundinamani (supra) on 11.04.2023 and subsequent clarification dated 20.02.2025 in the case of M. Siddaraja (supra), the DOP&T has Office Memorandum dated 20.05.2025, which is statutory in nature and having binding effect upon all the departments to comply the Judgment and Order dated 11.04.2023 as well as Order and direction dated 20.02.2025 in its spirit and the same has been allowed with respect to grant of notional increment for the purpose of calculating the pension admissible and not for the purpose of other benefits (pensionary).
12. Accordingly, in such a situation, the binding effect of the judgment pronounced by the Hon'ble Supreme Court under Article 141 of the Constitution and statutory instruction issued by the DOP&T on 20.05.2025, we are confined to the issue with regard to grant of notional increment or any arrears as prescribed under Order dated 20.02.2025 in Diary No. 2400 of 2024. In view of the aforesaid observation, we are of the opinion that the petitioners are not entitled for any interest in pursuance to the Order dated 20.02.2025 of the Hon'ble Supreme Court and subsequently DOP&T O.M. dated 20.05.2025.
13. As apparent after perusal of the compliance affidavit, filed by the respondents, the notional increment has been granted to the petitioners, therefore, no contempt is made out of the Order dated 12.08.2024 passed by this Tribunal in O.A. No. 871/2024.
14. In view of the above discussions, contempt proceedings are dropped and notices issued to the respondents are hereby discharged. All MANISH MEHROTRA the pending MAs shall be deemed to have been disposed of." 7
6. Considering the above position and compliance affidavit in the instant case, it appears that the P.P.O. has been issued in favour of applicants/petitioners and arrears of pension w.e.f. 01.05.2023 has been paid by the respondents. Accordingly, the contempt proceedings in the present matter are also dropped and notices issued to the respondents are hereby discharged. All the pending MAs shall be deemed to have been disposed of.
(Manju Pandey) (Rajnish Kumar Rai)
Member (Admn.) Member (Judicial)
/M.M/
MANISH MEHROTRA