Central Administrative Tribunal - Delhi
Bhupender vs Northern Railway on 15 January, 2026
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Item No.58/ C-5 OA No.486/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 486/2022
This the 15th day of January, 2026
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Bhupender, Aged-31 Years,
S/o Sh. Jai Bhagwan,
Working as Trackman, Under SSE,
Northern Railway, Gohana,
R/o Vill& PO Ghilod Kalan, Distt.
Rohtak(Har). 124303
2. Samsher, Aged-35Years, 'C'
S/o Sh. Mahander,
Working as Gateman, Under SSE,
Northern Railway, Gohana,
R/o Vill. & PO Rukhi, Tesh. Gohana,
Distt. Sonipat(Har). 131301
3. Ravinder Kumar, Aged-33 Years, c'
S/o Sh. Subha Chand,
Working as Gateman, Under SSE,
Northern Railway, Gohana,
R/o Vill& PO Ghilod Kalan, Distt.
Rohtak(Har). 124303
4. Ravinder, Aged-34 Years, c'
S/o Sh. Jagdish Singh,
Working as Gateman, Under SSE,
Northern Railway, Gohana,
R/o Vill& PO Rithal Narwal,
Distt. Rohtak(Har). 124303
5. Jasvir, aged 32 years, 'c'
s/o Sh. Narender singh,
working as Gateman, under SSE,
Northern Railway, Gohana,
r/o Vill.&PO Sanghi, Pana Ashran,
Distt. Rohtak (Har). 124001
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Item No.58/ C-5 OA No.486/2022
6. Vikram S/o Sh. Karambir, 'c'
Working as Trackman, Gate No.18,
r/o Vill. Ghilod Kalan, 124303
7. Krishan Kumar, Aged-26 Years 'C'
S/o Sh. Ram Kumar,
Working as Trackman,
r/o Vill& PO Sanghi,
Distt. Rohtak (Har.) 124001
8. Sombir, Aged-33 Years
S/o Sh. Ram Chander,
Working as Gateman, Under SSE,
Northern Railway, Gohana,
R/o H.No. 352, Ward No.22,
Ghandhinagar, Gohana,
Distt. Sonepat(Har). 131301
... Applicants
(By Advocate : Mr. Yogesh Sharma)
Versus
1. Union of India through
The General Manager,
Northern Railway, Baroda House,
New Delhi. 110001
2. The Divisional Railway Manager,
Northern Railway, Delhi Division,
State Entry Road, New Delhi. 110001
3. The Divisional Engineer,
Northern Railway, DRM's office,
State Entry Road, New Delhi. 110001
4. The Assistant Divisional Engineer,
Northern Railway,
Rohtak(Har). 124001
...Respondents
(By Advocate: Mr. Pradeep Kumar Sharma)
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Item No.58/ C-5 OA No.486/2022
ORDER (ORAL)
When taken up, learned counsel for respondents submits that the applicants are seeking relief in terms of the order of this Tribunal passed in OA No. 643/2015 decided on 29.08.2017. The said order was challenged by the respondents before the Hon'ble Delhi High Court in W.P.(C) No. 8628/2018 and the Hon'ble Delhi High Court vide judgment dated 20.03.2019 dismissed the said Writ Petition. Now the respondents have approached the Hon'ble Apex Court in SLP No. 8592/2024. The Hon'ble Apex Court has issued notice in the said petitioner vide their order dated 15.04.2025. In view of this, learned counsel for respondents submits that this matter may be kept pending till the final outcome of the SLP filed before the Apex Court or in the alternative may adjourn the matter sine die.
2. Learned counsel for applicants, on the other hand, submits that this matter is no more res-integra as the matter has already been conclusively decided by this Tribunal on 29.08.2017 in OA No. 643/2015 and in view of this the present applicants should be granted the said relief. He further submits that the applicants are willing to accept DAYAWAT DAYAI2026.01.28 WATI 17:10:44 +05'30' 4 Item No.58/ C-5 OA No.486/2022 similar kind of relief subject to final outcome of the SLP filed by the respondents before the Apex Court.
3. In view of what has been stated hereinabove, we need not to take divergent view in the present OA as it is admitted by both the parties that subject matter of the present OA and the OA No. 643/2015 are the same. In the instant case, the applicants are similarly placed and the respondents are same. Accordingly, the OA is disposed of in the following manner:-
(i) The impugned order dated 16.03.2020 (Annexure A/1) is quashed and set aside.
(ii) The respondents are directed to prepare an 8 hours/40hors weekly roaster for the Applicants in future.
(iii) As the Applicants have already been subjected to extra 4 hours of duty daily, they are also entitled for overtime allowance. The respondents shall calculate the overtime allowance admissible to them for the service rendered by the beyond 8 hours per day/40 hours weekly and pay the same to them.
(iv) The aforesaid direction shall be complied by the respondents within a period of eight weeks from the date of receipt of a certified copy of this order.
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(v) Need not to mention here that the aforesaid directions are subject to final outcome of the SLP No. 8592/2024 filed by the respondents before the Hon'ble Apex Court.
4. The OA is disposed of in the aforesaid terms. No order as to costs.
(Dr. Chhabilendra Roul) Member (A) /daya/ DAYAWAT DAYAI2026.01.28 WATI 17:10:44 +05'30'