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Central Administrative Tribunal - Hyderabad

Sagi Sathi Raju vs M/O Railways on 15 April, 2024

                                                                       OA/213/2018

                   CENTRAL ADMINISTRATIVE TRIBUNAL
                           HYDERABAD BENCH

                               OA/020/0213/2018

                    HYDERABAD, this the 15th day of April, 2024

 Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
 Hon'ble Ms. Shalini Misra, Administrative Member

1.   Sagi Sathi Raju, S/o Appala Raju, aged 38 years, Occ: Loco Pilot (Goods), O/o
     The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
     division, Visakhapatnam.

2.   D.V.S.S.Sarma, S/o D.Ramachandra Rao, Aged 44 years, Occ: Loco Pilot
     (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
     Railway, Waltair division, Visakhapatnam.

3.   Kamal Prasad Jaisi, S/o Gopal Prasad Jaisi, Aged 41 years, Occ: Loco Pilot
     (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
     Railway, Waltair division, Visakhapatnam.

4.   Rupendra Kumar Dewangan, S/o Narayan Prasad Dewangan, Aged 41 years,
     Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot,
     East Coast Railway, Waltair division, Visakhapatnam.

5.   Devkant Sahu, S/o Pila Lal Sahu, Aged 41 years, Occ: Loco Pilot (Goods), O/o
     The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
     division, Visakhapatnam.

6.   Neteen Kumar Banchhor, S/o Nandkumar Banchhor, Aged 38 years, Occ:
     Loco Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East
     Coast Railway, Waltair division, Visakhapatnam.

7.   Gopala Reddy Basava, S/o Suryanarayana Reddy, Aged 40 years, Occ: Loco
     Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
     Railway, Waltair division, Visakhapatnam.


8.   V.Eswara Rao, S/o V.Kasi Naidu, Aged 43 years, Occ: Loco Pilot (Goods),
     O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
     division, Visakhapatnam.

9.   Kanuri Srinivasa Rao, S/o late Ganga Raju, Aged 39 years, Occ: Loco Pilot
     (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
     Railway, Waltair division, Visakhapatnam.

10. P.Jagannadha Rao, S/o Jagga Rao, Aged 43 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.




                                    Page 1 of 5
                                                                      OA/213/2018


11. S.N.Srinivasa Rao, S/o Nooka Raju, Aged 43 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

12. Gonthina Raju, S/o Atchi Babu, Aged 37 years, Occ: Loco Pilot (Goods), O/o
    The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

13.    Dummu Kishore Kumar, S/o D.Kali Das, Aged 42 years, Occ: Loco Pilot
      (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
      Railway, Waltair division, Visakhapatnam.

14. Purre Nageswara Rao, S/o P.Appa Rao, Aged 40 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

15. Varanasi Srinivasa Rao, S/o Pakeeru, Aged 43 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

16. Maripi Rambabu, S/o M. Yerukunaidu, Aged 37 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

17. Vinod Kumar Sharma, S/o Paramhans Sharma Aged 41 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

18. Kommana Madhusudha Rao, S/o Sholapuru, Aged 47 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

19. Gurugubelli Murali Krishna, S/o G.Sri Rama Murthy, Aged 40 years, Occ:
    Loco Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East
    Coast Railway, Waltair division, Visakhapatnam.

20. Battina Venkat Trinath, S/o Danteswara Rao, Aged 43 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

21. M.Jagadheeswara Rao, S/o M.Ramulu, Aged 44 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

22. Veduvaka Ramesh, S/o V.Kasi Babu, Aged 39 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.




                                   Page 2 of 5
                                                                       OA/213/2018

23. Killi Chandrasekhar, S/o Madhusudhana Rao, Aged 42 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

24. Tedlapu Venkata Prasada Rao, S/o Appala Raju, Aged 40 years, Occ: Loco
    Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

25. A.Murali Mohan, S/o A.Rama Rao, Aged 45 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

26. Pediredla Ramesh Babu, S/o P.Appa Rao, Aged 38 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

27. Kalla Venkata Chalapathi Rao, S/o Appala Raju, Aged 37 years, Occ: Loco
    Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

28. S.Srihari, S/o Krishna Murthy Naidu, Aged 40 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

29. Amalakanti Rambabu, S/o Kondala Rao, Aged 37 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

30. Kanna Veera Raghavaiah, S/o K.Venkateswarlu, Aged 43 years, Occ: Loco
    Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

31.   Bugata Ravi, S/o late B.Ramu, Aged 38 years, Occ: Loco Pilot (Goods), O/o
      The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
      division, Visakhapatnam.

32. B.C.N.S.Prasad, S/o Sadasiva Rao, Aged 42 years, Occ: Loco Pilot (Goods),
    O/o The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

33. Kodeti Sankara Rao, S/o K.Bhaskara Rao, Aged 40 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

34.   Rangala Manmath Reddy, S/o R.Bhikari Reddy, Aged 46 years, Occ: Loco
      Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
      Railway, Waltair division, Visakhapatnam.




                                    Page 3 of 5
                                                                         OA/213/2018

35. Dosuri Satyanarayana Murthy, S/o D.Surya Prakasa Rao, Aged 48 years, Occ:
    Loco Pilot (Goods), O/o The Chief Crew Controller, Rayagada Depot, East
    Coast Railway, Waltair division, Visakhapatnam.

36. Kone Madhu Babu, S/o Kondala Rao, Aged 40 years, Occ: Loco Pilot
    (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
    Railway, Waltair division, Visakhapatnam.

37. Killi Mutti Babu, S/o Ramulu, Aged 43 years, Occ: Loco Pilot (Goods), O/o
    The Chief Crew Controller, Rayagada Depot, East Coast Railway, Waltair
    division, Visakhapatnam.

38.    Betha Murali Mohan, S/o B.Atchiyya, Aged 39 years, Occ: Sr. Asst. Loco
       Pilot, O/o The Chief Crew Controller, Waltair Depot, East Coast Railway,
       Waltair division, Visakhapatnam.

39.     Sekharamantri Dinesh, S/o Ram Mohan Rao, Aged 34 years, Occ: Loco Pilot
       (Goods), O/o The Chief Crew Controller, Rayagada Depot, East Coast
       Railway, Waltair division, Visakhapatnam.

                                                                    .... Applicants.
(By Advocate: Mr. KRKV Prasad)

                                       Vs.



      1. Union of India represented by
         The Chairman, Ministry of Railways, Railway Board,
         Rail Bhavan, New Delhi.

      2. The General Manager, East Coast Railway,
         Chandrasekharpur, Bhubaneshwar.

      3. The Divisional Railway Manager, East Coast Railway,
         Waltair Division, Visakhapatnam.
                                                                    ... Respondents

(By Advocate: Mr. D Satyaveer, Sr. PC for CG)



                                       ----




                                      Page 4 of 5
                                                                               OA/213/2018

                                 ORAL ORDER

(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member) Heard Mr. KRKV Prasad, learned counsel for the applicants and Mr. D Satyaveer, learned counsel for the respondents.

2. By this Original Application the applicants are seeking the following relief(s):

"to declare the inaction of the respondent- railways in the matter of passing orders in favour of the Applicants extending the benefit of Railway Services (Pension) Rules, 1993 as illegal, unjust, arbitrary, discriminatory and is in violation of the law already settled, and consequently declare that the Applicants are deemed to have appointed from the date the vacancy arose in 2002 and direct the respondent-railways to bring the Applicants in the purview of Old Pension Scheme viz., Railway Services (Pension) Rules, 1993 and accord all consequential benefits viz., pensionary benefits etc., with a further direction to the respondent-railways to collect subscription under the Provident Fund Rules from the Applicants, duly crediting the amounts already collected from the Applicants under New Pension System to the ensuing Provident Fund Account of the Applicants and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice."

3. When the matter is taken up for hearing, the learned counsel for the applicants fairly submits that the relief which is prayed in the O.A. has attained finality and nothing survives for adjudication as the applicants have been taken under the Old Pension Scheme.

4. In view of the above, nothing survives for adjudication. The O.A. is closed as infructuous. No order as to costs.

  (MS SHALINI MISRA)                            (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVE MEMBER                                JUDICIAL MEMBER

/SB/




                                       Page 5 of 5