Central Administrative Tribunal - Jabalpur
Sanjay Malviya vs M/O Railways on 17 November, 2025
1 O.A.No. 200/00873/2019
CENTRAL ADMINISTRATIVE TRIBUNAL,
JABALPUR BENCH
JABALPUR
Original Application No.200/00873/2019
Jabalpur, this Monday, the 17th day of November, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Sanjay Malviya Aged about years, S/o Shri Narayandas Malviya, R/o,
Behind Laxmi Tent House, H. No. 92, Gali No. 01, Dwarika Nagar,
Hujur, Siddquee Sarai, Bhopal (M.P.)
2. Milkiyas Anthony S/o Shri Alphos Anthony, R/o Shyampura, Bina
Station, Distt. Sagar MP
3. Madan Lal Chegam s/o Shri Chegam R/o, Rajeev Ward, Bina, Bina
Station Distt. Sagar (M.P.)
4. Rajendra Damade S/o Shri Mahesh Damade R/o, Maharani Laxmi Bai
Ward Harda, Distt.- Harda (M.P.)
5. Laxmi Narayan Meena S/o Shri Kalyan Sahai Meena R/o, 134, Tabreen
Ki Dhani, Ghumna Geejgarh Dausa (Rajasthan).
6. Deepak Patel S/o Shri Baboo Lal Patel R/o, Rb 1/220, Coach Factory
Marg Railway Colony, Khajanchi Bag Hujur, Bhopal.
7. Deepak Kumar S/o Shri Gulab Chandra R/o, Rb, 154/B, Khajanchi Bag,
East Railway Colony, Hujur Bhopal (M.P.)
8. Govindi S/o Shri Gopi R/o, 38, Ganesh Ward, Chhoti Bajariya Bina
Augasod, Sagar, Distt. Sagar (M.P.)
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9. Ram Kumar S/o Shri Jai Narayan Sharma R/o Gali No. 01, Ward No.
40, Dwarika Nagar Vidhya Bharti School Ke Pass, Hujur Sikandari Sarai,
Bhopal (M.P.)
10. Rakesh Yadav S/o Late Shri Ram Karan Yadav R/o Suryapuram
Colony, Jhansi Khas Jhansi Sipri Bazar, Jhansi (U.P.)
11. Ramsewak Jha S/o Shri Arjun Jha, R/o, 1042, Ward No. 15, Behind
Ghatera Wali Dharmshala, Pachma Bypass Road Gunj, Basoda, Distt.
Vidisha (M.P.)
12. Chatar Singh S/ Shri Govardhan R/o, RB-01, 185, GFA, Khajanchi
Bag, East Railway Colony, Hujur, Sikandari Sarai, Hujur Bhopal (M.P.)
13. Hitesh Sen S/ Shri Gokul Prasad Sen R/o, H.No. RB-02, Block No.
02, TRD Colony Nishatpura, Hujur, Bhopal (M.P.)
-Applicants
(By Advocate - Shri Arun Patel)
Versus
1. Union of India, Through its General Manager, Western Central
Railway, Indira Market, Jabalpur - 482001
2. Divisional Railway Manager, Western Central Railways, Near
Habibgunj Railway Station Bhopal- 462001
3. Senior Section Engineer, Train Light./Air Conditioner, Near Habibgunj
Railway Station Bhopal (M.P.) 462001.
- Respondents
(By Advocate - Shri S P Singh)
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3 O.A.No. 200/00873/2019
ORDER
By Akhil Kumar Srivastava, JM:
This Original Application has been filed by the applicants seeking direction to the respondents to grant them overtime allowance along with arrears and interest for the halt period treating the applicants as they were not relieved from their duties even when train was halted.
2. In their reply, the respondents have stated that the Railway Board, New Delhi, vide their letter NO. E(LL)83/HER/1-2, dated 27.06.1985 (Annexure R/1) (issued under RBE No. 157/1985) have decided the procedure for HOER-Computation of duty hours Air- Conditioned Coach Attendants and in-charges. They have further stated that after reaching on the destination station of the train, applicants were given time for rest and the halt period is utilized by the ACES for rest. No work is extracted from the ACES during their halt/rest time. Therefore, the applicants are not entitled for overtime allowance for the halt period.
3. We have heard the counsel for the parties perused the documents annexed with the record.
4. During the course of arguments the counsel for the applicant submitted that the similar issue has already been decided by this Tribunal in O.A. No. 154/2023 on 25.09.2025. He therefore, submits that this O.A. Page 3 of 6 VISHAL 2025.11.21 KUSHWA15:19:00 H +05'30' 4 O.A.No. 200/00873/2019 may also be disposed of in the same terms. The relevant paragraph of the said order passed in O.A.154/2023 is reproduced as under:
5. It is noted that the issue involved in the present original application has already been settled in number of cases. This Tribunal in the order dated 30.04.2025 passed in OA No. 946/2021- Sanjay R. Bhati & Ors. Vs. U.O.I & Ors with OA No. 56/2022 while granting similar relief taking into consideration the order dated 07.03.2011 passed by the Bombay Bench of this Tribunal in OA No. 117/2008 has observed the following: -
"5...........
14.........There is no dispute regarding the facts that the duties of present applicants are same and similar to the duties done by the applicants in OA No. 117/2008. The applicants in the said OA were held entitled for reliefs as prayed. As the co-ordinate Bombay Bench of this Tribunal has dealt with this issue in detail, case of the applicants is totally covered by the order in OA No. 117/2008 (Annexure A-1). Para 12 and 13 of the judgment of the co-ordinate Bombay Bench in OA No. 117/2008 reads as under: -
"12. As far as para 1609 of IREC is concerned, it deals with Daily Allowance to be paid to those Railway Servants who remain absent for Headquarters for a certain period during the day. The said Daily Allowance is altogether a different concept and has nothing to do with the overtime allowance to be paid to the applicant for the halt period. The Daily Allowance is paid to the railway servant for covering their daily expenses when they travel beyond 8 kms from Page 4 of 6 VISHAL 2025.11.21 KUSHWA15:19:00 H +05'30' 5 O.A.No. 200/00873/2019 Headquarters. Therefore, the defence of the respondents is rejected. The Daily Allowance and the overtime allowance operate in different situation altogether and they are two different concepts.
13. Turning to the facts of the present case, it is noted from the pleadings and records that the applicants are not only never relived after they take charge of the train at Mumbai Central till they return back after return journey, but they are also required to guard the AC Coach and help the secondary maintenance staff for setting right any defect which could have developed during the outward journey in order to avoid complications in return journey back to Mumbai Central. The contents of the letter dated 28.02.2002 are extremely relevant, although written by Sr. Section Engineer under whom the major operations take place. The respondents have not brought out any material to prove that there is any handling over or taking over the applicants at the destination where the train halts for a considerable period before returning to Mumbai. In fact, the applicants, i.e., ACCMs and ACCAs, are not allowed to leave the train unguarded and go anywhere. It amply proves that they are on duty throughout till they return to Mumbai Central and hand over the charge."
5. Having considered the facts of the present case, coupled with our order passed in O.A./154/2023, we are of the considered view that applicants in the present case are also entitled for similar benefits as has been extended to the applicants in O.A. no. 154/2023. Page 5 of 6 VISHAL 2025.11.21 KUSHWA15:19:00 H +05'30' 6 O.A.No. 200/00873/2019
6. Accordingly, this Original Application is allowed and the respondents are directed to grant overtime allowance/wages to the applicants. The applicants are directed to present relevant details of their travelling including the halt period in question before the respondents within a period of one month from the date of this order. Thereafter, the respondents shall calculate the overtime wages according to rules and pay the arrears to the applicants within a period of two months thereafter. It is made clear that the applicants will be entitled for actual arrears upto three years prior to the filing of this OA.
7. There shall be no order as to costs.
(MallikaArya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
VK/-
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