Central Administrative Tribunal - Kolkata
Shrikant Lall vs Eastern Railway on 4 December, 2025
1 O.A./350/1290/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/1290/2019
Heard on: 20.11.2025
Date of Order: 04.12.2025
Coram: Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
1. SHRIKANT LALL, son of Late Indra Deo Lall, aged about 62 years,
worked as Mail/Express Guard/KOAA/SDAH, Eastern Railway, residing
at 154A, B.T. Road, Kolkata-700108.
2. DIPTI PRAKASH DEV, son of Late Atul Chandra Dev, aged about 63
years, worked as Mail/Exp. Guard/SDAH, Eastern Railway, residing at
23, J.N.T.P. Lane, Kolkata-700011.
3. MONOJ KUMAR GANGULY, son of Late Narendra Nath Ganguly, aged
about 66 years, worked as Sr. Passenger Guard/SDAH, Eastern Railway,
residing at Jetiya Simultala Via Hazinagar, Halisahar, District: North 24-
Parganas, Pin-743135.
4. SUBHASH CHANDRA GUPTA, son of Sri Ram Gupta, aged about 57
years, working as Mail/Exp. Guard/KOAA/SDAH, Eastern Railway,
residing at 119/1, Basak Bagan, 4th Floor, Kolkata-700048.
5. NAWAL KISHOR HANSDAK, son of Late Shiv Narayan Hansdak, aged
about 50 years, working as Mail/Express Guard/KOAA/SDAH, Eastern
Railway, residing at D.M. Apartment, 74/1, H.K. Sarkar Road, P.O.
Talpukur, P.O. Barrackpore, District: North 24-Parganas, Kolkata-
700123.
............APPLICANTS
-Versus-
1. UNION OF INDIA, service through the General Manager, Eastern
Railway, Fairlie Place, 17, N.S. Road, Kolkata-700001.
2. CHIEF PERSONNEL OFFICER, Eastern Railway, Fairlie Place, 17, N.S.
Road, Kolkata-700001.
3. DIVISIONAL RAILWAY MANAGER, Eastern Railway, Sealdah Division,
Sealdah, Kolkata-700014.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=
Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.12.04 17:08:56+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/1290/2019
4. SENIOR DIVISIONAL PERSONNEL OFFICER, Eastern Railway, Sealdah
Division, Sealdah, Kolkata-700014.
5. SENIOR DIVISIONAL FINANCE MANAGER, Eastern Railway, Eastern
Railway, Sealdah Division, Sealdah, Kolkata-700014.
6. SENIOR DIVISIONAL OPERATIONS MANAGER, Eastern Railway,
Sealdah Division, Sealdah, Kolkata-700014.
.......RESPONDENTS
For the Applicant : Mr. B Chatterjee; Counsel
For the Respondents : Ms. Dhiswari Nag; Counsel
ORDER
Per: Hon'ble Mr. Suchitto Kumar Das (A):
1. Ld Counsel for both the parties were present.
2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) To quash and set aside the impugned Speaking Order dated 10.05.2019 passed by the respondent No.4;
b) An order do issue directing the respondent authorities to protect the pay of your applicants on promotion to the post of Goods Guard when it was due and accordingly recast Pension and other retiral benefits based on such pay protection with consequential benefits alongwith arrears and interests to the applicants herein;
c) An order do issue directing the respondents to consider the representation of the applicants dated 01.04.2019 addressed to the respondent authorities in the light of the Judgements passed by the concerned Coordinate Benches of this Hon'ble Tribunal;
d) An order do issue directing the respondent authorities to produce all relevant records and documents pertaining to this instant matter be placed before this Hon'ble Tribunal for the ends of conscionable justice;
e) Any order and/or further order or orders as the Hon'ble Tribunal may deem fit and proper."
3. Ld Counsel for the applicants submitted that the applicants retired from service as Mail/ Express Guards in 2017, 2015 and 2012 respectively. They were promoted as Goods Guard from the post of Head Trains Clerk in the year 1995. It is the grievance of the applicants that at the time of their promotion Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1290/2019 they were in the Pay Scale of Rs. 1400-2300/-, but on promotion to the post of Goods Guard their pay was fixed in the Pay Scale of Rs. 1200- 2040/-. In this regard the applicants had made several representations before the competent authority which remained unanswered. Being aggrieved with the same they filed an OA bearing No. 350/1670/2017 which was disposed of by this Tribunal vide Order dtd. 04.03.2019 with the direction upon the respondents to consider the representations of the applicants within a time bound period and to extend the necessary benefits in their favour, if they were found eligible. Pursuant to the said order of this Tribunal the respondents issued a Speaking Order dtd. 10.05.2019 rejecting the claim of the applicants. The applicants being aggrieved with the same have filed the instant OA challenging the said speaking order.
4. Ld Counsel for the applicants submitted that this issue has been the subject of litigation in various Coordinate Benches of this Tribunal including in this Bench. He riled upon the orders of the Coordinate Benches at Ranchi (Circuit Bench) and Allahabad. He further submitted that the orders of this Bench of the Tribunal in OA/1128/2013, OA/1129/2013, OA/1130/2013, OA/1131/2013, OA/242/2013, OA/243/2013, OA/244/2013, OA/245/2013, OA/246/2013, OA/247/2013 which were passed in favour of the similarly placed persons were challenged before the Hon'ble High Court at Calcutta.
The Hon'ble High Court at Calcutta upheld the orders of this Tribunal vide Order dtd. 15.07.2021 in WPCT Nos. 71 of 2020, 72 of 2020, 77 of 2020, 78 of 2020 and 79 of 2020. He also drew our attention to the Annexure- A3 of the OA which clearly shows that the applicants were drawing pay in the Scale of Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0
4 O.A./350/1290/2019 Rs. 1400-2300/- at the time of their promotion which was reduced to the Pay Scale of Rs. 1200- 2040/- on promotion.
5. Ld Counsel for the applicants submitted that the applicants were already enjoying the Pay Scale of Rs. 1400-2300/- and reduction of their Pay Scale to Rs. 1200- 2040/- upon promotion is a clear anomaly. He further claimed the benefit of the Order dtd. 15.07.2021 passed by the Hon'ble High Court at Calcutta in WPCT Nos. 71 of 2020, 72 of 2020, 77 of 2020, 78 of 2020 and 79 of 2020. He submitted that the respondent organisation have already implemented the said order of the Hon'ble High Court at Calcutta dtd. 15.07.2021 in respect of the applicants in OA/1128/2013, OA/1129/2013, OA/1130/2013, OA/1131/2013, OA/242/2013, OA/243/2013, OA/244/2013, OA/245/2013, OA/246/2013, OA/247/2013 etc. Hence the order has attained finality which needs to be implemented in the case of the applicants who are similarly circumstanced in terms of the ratio laid down by the Hon'ble Apex Court in the case of C Lalitha Vs. State of Karnataka.
6. Ld Counsel for the respondents drew our attention to para 4(ii) and 4(v) of the Notification dtd. 18.01.1994 (Annexure- R1) which reads as follows:
"4(ii) In cases of AHTNC non-confirmed, officiating as AHTNCs and upto the age limit of 45 years as on 31.01.1994 are eligible only. Pay of such staff will be fixed up in relation to their pay in scale Rs. 1200-2040// (RP). Other conditions are similarly applicable in their cases. 4(v) Option once exercised shall be treated as 'final' and in the event of selection none will be allowed to withdraw from the same."
7. Ld Counsel for the respondents submitted that the applicants were officiating as AHTNCs in the Pay Scale of Rs. 1400-2300/- at the time of their promotion. They were permitted to appear in the selection for the post of Goods Guard in terms of para 4(ii) of the aforesaid notification with a clear understanding that their pay will be fixed according to the pay scale of the Goods Guard i.e. Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/1290/2019 Rs. 1200- 2040/-. The applicants had made this choice consciously by submitting an option which was provided for in para 4(v) of the said notification with the proviso that option once exercised will be treated as final. The relevant provisions of the IREM which are available with the reply state that the pay of the TNCs even if they were officiating as Head TNCs in the Pay Scale of Rs. 1400-2300/- will be fixed in the Pay Scale of Rs. 1200-
2040/- on promotion as Goods Guards.
8. Heard Ld Counsel for both the parties and perused the material on record.
9. In the impugned Speaking Order dtd. 10.05.2019 passed in compliance of the order of this Tribunal in OA/1670/2017 filed by the applicants herein, the respondents have distinguished the case of the applicants from those in OAs cited by the Ld Counsel for the applicants by simply stating that the facts in those OAs are different from the case of the applicants herein. Orders in OA Nos. 34/2007 and 210/2006 passed by the Coordinate Bench at Patna sitting in Circuit in Ranchi on 22.02.2007, the order of the Allahabad Bench in OA No. 1516/1992 dtd. 27.06.2000 and the order of this Bench in OA/1128/2013, OA/1129/2013, OA/1130/2013, OA/1131/2013, OA/242/2013, OA/243/2013, OA/244/2013, OA/245/2013, OA/246/2013, OA/247/2013 passed on 30.04.2014 are available on record.
10. We have gone through these orders and find that the applicants in the instant OA are identically placed as the applicants in the OAs mentioned above. In the aforementioned OAs, the applicants were in the Pay Scale of Rs. 1400-2400 in the old Pay Scale of 425-640 as in OA/1128 OF 2013 at the time of their promotion to the post of Goods Guard. On promotion their pay was fixed in the Pay Scale of Rs. 1200-2040 and old Pay Scale of 330-560 respectively. The Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/1290/2019 grievance of the applicants in these OAs was that their pay and pay scale were reduced upon promotion. In these OAs, the relief sought by the applicants was fixation of their pay in their erstwhile Pay Scale of Rs. 1400-2240 upon promotion granting them pay protection. In the instant OA, the applicants were drawing pay in the scale of Rs. 1400-2240 as Hd. TNC before their promotion. On promotion as Goods Guards, their pay was fixed in the Pay Scale of Rs. 1200-2040. The applicants herein have also prayed for fixation of their pay in the Pay Scale of Rs. 1400-2240.
11. We fail to spot any difference in the facts between the instant case and those OAs mentioned above. We, therefore, do not agree with the contention of the respondents in the Speaking Order that the applicants are not similarly placed as the applicants in the OAs mentioned above. We quote below relevant extract from the Order dtd. 30.04.2014 in OA/1128/2013, OA/1129/2013 etc. "8. Apart from the fact that the present applicants are harping on the extension of the benefits of the 3rd CPC scale whereas the applicants in the cited OAs were in 4th CPC scale, there is basically no difference in their claim for pay protection while promoting them to the post of Goods Guard. The contention of the respondents in these OAs is a callous reiteration of their contention in the OAs decided by the co- ordinate Benches of this Tribunal which are binding on us unless reversed on appeal. The rights of these Railway employees to pay protection having accepted promotion to Goods Guard in a lower scale of pay from the post of Sr. Trains Clerk or Head Trains Clerk in a higher scale of pay, being already adjudicated upon by the co-ordinate Benches we are of the considered opinion that the present applicants who are similarly aggrieved and could not have been compelled to accept a lower pay in the lower scale. They deserve the same relief as the applicants in the said OAs, i.e. protection of their pay as STC/Hd.C in the scale of Goods Guard (C).
10. In view of the entire conspectus of facts and circumstances as enumerated hereinabove as the applicants seem to have been deprived for such a long time but they have been procastinating, we feel that justice would be met if the applicants who have already retired are given the higher pensionary benefits taking into account such pay protection while fixation in Goods Guard (C), notionally from the date it fell due with no arrears."
12. The said order of this Tribunal dtd. 30.04.2014 was challenged by the respondents before the Hon'ble High Court at Calcutta in WPCT Nos. 71 of 2020, 72 of 2020, 77 of 2020, 78 of 2020 and 79 of 2020 which were dismissed Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A./350/1290/2019 by the Hon'ble High Court at Calcutta vide Order dtd. 15.07.2021. Relevant part of the said order is reproduced below:
"Moreover, it is pertinent to mention that the resistance of the Railway authorities in various proceedings all over the country have failed. In all earlier proceedings including the proceeding in Ranchi and Allahabad, similar issues have been decided against the Railway authority and in favour of the Railway employees or servants similarly placed as that of the private respondents.
In view of the aforesaid, we uphold the order passed by the learned Tribunal. The writ petitions stand dismissed. However, there shall be no order as to costs.
The authorities are directed to consider and grant appropriate benefits to the respondents as directed by the learned Tribunal by issuing appropriate order within two months from date."
13. The two orders quoted above have attained finality and have been implemented by the respondents as averred by the Ld Counsel for the applicants.
Having determined that the applicants herein are identically placed as the applicants in OA/1128/2013, the applicants in this OA are entitled to the same relief as was granted to the applicants in OA/1128/2013. The impugned Speaking Order dtd. 10.05.2019 is quashed and set aside. The respondents are directed to notionally fix the pay of the applicants in the Pay Scale of Rs. 1400-2240 from the date of their promotion as Goods Guard and grant them all consequential benefits.
It is made clear that the applicants will not be entitled to payment of any arrears for the period prior to filing of OA/1670/2017 and will be entitled to financial benefits w.e.f. the date of filing of OA/1670/2017.
Respondent No. 2 is directed to complete the entire exercise in accordance with the directions given above including payment of admissible arrears to the applicants within a period of 120 days from the date of receipt of certified copy of this order.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A./350/1290/2019
14. Accordingly, the OA is disposed of. No costs.
(Mr. Diwakar Singh) (Mr. Suchitto Kumar Das)
Member (J) Member (A)
SK
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.12.04 17:08:56+05'30' Foxit PDF Reader Version: 2024.3.0