Central Administrative Tribunal - Allahabad
Ram Pyare vs North Eastern Railway on 22 May, 2024
Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Dated : This the 22nd day of May, 2024
Original Application No. 537 of 2024
Hon'ble Mr. Justice Rajiv Joshi, Member (J)
1- Ram Pyare aged about 61 years son of Shri Vikram Prasad retired
Station Superintendent Ghaghraghat under DRM(Optg.)/
N.E.Railway, LJN Division, H.Q. Gorakhpur R/o- C/o- Shri D.D.
Pandey, House No. 372M, Behind Happy School, at the bank of
Ramgarhtal Mohaddipur, Gorakhpur. (retired on 30.06.2023).
2- Smt. Savita Vinoy aged about 63 years wife of Shri Vinay Kumar
Sinha retired Chief Office Superintendent (Stores), N.E. Railway, LJN
Dn., H.Q. Gorakhpur R/o- C/o Mamta Srivastava Mohalla: Gaon
Godiya, Post Gandhi-nagar, Basti (retired on 30.06.2021).
3- Jitandra Kumar aged about 63 years son of Late Shri Govind Lal
retired Chief Commercial Supervisor, N.E. Railway, LJN Division,
H.Q.Gorakhpur R/o- C/o Shri Prem Kumar Sachdeva, C-33/278E,
Chandua Chittupur, Sigra, Varanasi. (retired on 30.06.2021).
4- Devendra Trigunayat aged about 64 years son of Late Shri
Virendra Trigunayat retired Chief Commercial Clerk, N.E. Railway,
LJN Division, H.Q. Gorakhpur R/o- Village-Naini, Post: Naini via
Lar Road, Tehsil: Salempur, District: Deoria (retired on 30.06.2020).
5- Ziauddin Siddiqui aged about 64 years son of Late Munirul Hasan,
retired Senior Section Engineer (P. Way) LJN Dn. N.E. Railway, H.Q.
Gorakhpur R/o B-12, Insafnagar (Vistaar), near Panigaon, Indira
Nagar, Lucknow (retired on 30.06.2020).
6- Arjun Prasad Tewari aged about 65 years S/o Late Shri Ram Bodh
Tewari, retired C.O.S./ G.D. Diesel Lobby, LJN Dn. N.E. Railway,
H.Q. Gorakhpur R/o- Bharat Sharma, Ata Chakki Gali, Shahpur Post:
Geeta Vatika, Gorakhpur (Retired on 30.6.2019).
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7- Ranjeet Singh aged about 65 years S/o Late Shri Banbir Singh,
retired Office Superintendent (Stores), LJN Dn. N.E. Railway, H.Q.
Gorakhpur, R/o-North to Jubliee Chauraha, 452- Purdilpur,
Gorakhpur (Retired on 30.06.2019).
8- K N Mauriya (Krishna Nath Maurya) aged about 65 years S/o Shri
Ram Raj Maurya, retired Senior Section Engineer, LJN Dn., H.Q.
Gorakhpur R/o- Village: Rani-diha, Post: Khorabaar, District:
Gorakhpur (retired on 30.06.2019).
9- Moharram Ali aged about 65 years S/o Late Chunney Khan, retired
Loco Pilot (Mail/Express), LJN Dn. N.E. Railway, H.Q. Gorakhpur
R/o- Tiwari Purwa, near Bus Stand, Roadways Gird, Gonda, District:
Gonda (retired on 30.06.2019).
10- Prabhakar Mishra aged about 66 years son of Late Shri Baij Nath
Mishra retired STM Planning, in P.C.O.M. office, N.E. Railway, H.Q.
Gorakhpur R/o- 123/29- Jaimali Sadan, Tara Mandal Road, Siddharth
Enclave, Gorakhpur (retired on 30.06.2018).
11- Pushkar Saxena aged about 66 years S/o Late Shri R.D. Saxena,
retired Senior Section Engineer / Signal/Drawing under Sr. D.S.T.E./
LJN Dn./ N.E. Railway, H.Q. Gorakhpur R/o-C/o Shri Amiya Raman
Gulati Vatika, Post: Geeta Vatika, Gorakhpur (retired on 30.06.2018).
12- Dhirendra Kumar aged about 66 years S/o- Shri Ram Dayal,
retired Chief Controller (Train), LJN Dn., N.E. Railway, H.Q.
Gorakhpur R/o- 631/208- Surendra Nagar, Ismailganj, Lucknow now
residing at C/o- Anirudhha Kumar, 62-Z, Mahua Road, Rotary
School, Behind Durga Mandir Gorakhpur (Retired on 30.06.2018).
13- Ashok Kumar Gupta aged about 66 years S/o- Late Shri Mool
Chand Gupta, retired Senior Section Engineer/Mechanical, N.E.
Railway, H.Q. Gorakhpur R/o- House No. 64/M, Sector No. 3, Jangal
Saligram, Shankerpuri, Shivpur, Shahbaazganj, Gorakhpur (Retired
on 30.06.2018).
14- Farid Ahmad Khan aged about 67 years S/o-Late Mr. M.M. Khan,
retired Signal Maintainer, LJN Division, N.E. Railway, H.Q.
Gorakhpur R/o- Syed Zafar, Mohalla Chimapur near Grand Marriage
House, Post: Shivpuri Colony, Gorakhpur (Retired on 30.6.2017).
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15- Krishna Kumar aged about 67 years S/o-Late Shri Mohan Lal,
retired O.S. under Sr. D.P.O. N.E. Railway, LJN H.Q. Gorakhpur R/o-
548/C-461, Chandroday Nagar, Rajajipuram, Lucknow (Retired on
30.06.2017).
16- Shrawan Kumar Singh aged about 67 years S/o- Late Shri Udai
Bhan Singh, retired C.M.S. in the office of C.M.T. Office, Mechanical
Workshop, N.E. Railway, H.Q. Gorakhpur R/o- Block No. 28, Flat
No. 301, Vashundhra Enclave, Phase No. 2, Taramandal, Gorakhpur
(Retired on 30.06.2017).
17- Ram Das aged about 67 years S/o Late Shri Paltan, retired Chief
O.S./ C.W.M./MWS/ N.E. Railway, H.Q. Gorakhpur R/o- Mohnapur
(near Divine Public School road), Post: Padri Bazar, Jangal Hakim
No. 2, Gorakhpur (Retired on 30.06.2017).
18- Prabhu Nath Sharma aged about 68 years S/o Late Shri Ram
Rajya Sharma, retired M.C.M./ Mechanical Workshop, H.Q.
Gorakhpur R/o- 499-A, Krishna Nagar Private Colony, Basharatpur
Gorakhpur (retired on 30.06.2016).
19- Anand Kumar Khare aged about 68 years S/o- Late Shri Gopal Jee
Khare retired Inquiry Officer, Vigilance N.E. Railway, H.Q.
Gorakhpur R/0- 0259-Z, Near Police Thana Tiwaripur, Post: Sadar,
Gorakhpur (retired on 30.6.2016).
20- Prakash Srivastava aged about 68 years S/o Late Shri R.N. Singh
Srivastava, Retired Senior Engineer, / I.T./ LJN, H.Q. Gorakhpur R/o-
D-1/151, Sector F, Jankipuram Oppostie Durgapooja Park Lucknow
now residing C/o Sri B.C. Rai, 108 Rani Mandi Before Pahla Park
Prayagraj (retired on 30.06.2016).
21- Anju Sahay aged about 59 years (family pensioner) W/o Late Shri
Amar Nath Sahay, retired Guard Mail / Express, under DRM/LJN,
N.E.Railway, HQ Gorakhpur R/o- Shashi Prakash Srivastava, H. No.
EWS131, Raptningar, Phase-4, Behind Janta Inter College, Gorakhpur
(herhusband retired on 30.06.2016).
22- Yogendra Singh aged about 68 years S/o- Late Shri Chatter
Singh,retired Fitter Grade-I, under SSE (P. Way), Bharich, N.E.
Railway, H.Q. Gorakhpur R/o-Mohalla: 402A, Panjabi Kalauli
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Paidlay Post: Gorakhpur University, District: Gorakhpur (retired on
30.06.2016).
23- Janardan Prasad Mishra aged about 68 years S/o Late Shri
Narvdeshwar Mishra, retired Chief Loco Inspector LJN, N.E.
Railway, H.Q. Gorakhpur R/o- H.No. 274, Shakti Nagar, Basharatpur,
Post: Arogya Mandir, Gorakhpur (Retired on 30.06.2016).
24- Rajendra Pal Singh aged about 69 years S/o- Late Shri Jaswant
Singh Bhalla, retired Chief Trains Clerk, Control Office, Lucknow,
H.Q. Gorakhpur R/o-288/72 Aryanagar, Lucknow now C/o Satpal
Singh, House No. 333, Behind Gurdwara Mohaddipur, Gorakhpur
(Retired on 30.06.2015).
25- Smt. Rajni Saxena aged about 62 years (Family pensioner) W/o-
Late Shri Ratnesh Mohan Saxena, retired Guard Mail/Express, N.E.
Railway LJN Dn., H.Q. Gorakhpur R/o- 417/1165 Kanghitola,
Niwazganj, Chowk Lucknow (her husband was retired on
30.06.2015).
26- Jagan Nath Singh aged about 69 years S/o Late Shri Amar Singh,
retired Loco Inspector, Diesel Lobby, Gonda LJN Dn. Mechanical
Department, N.E. Railway, H.Q. Gorakhpur R/o- Village: Farend
(Senghar), Post: Mahua Lakhanpur, District: Basti (retired on
30.06.2015).
27- Ram Kumar Yadav aged about 69 years S/o Late Shri Ram Nayan
Yadav, retired M.C.M., Mechanical Workshop, N.E. Railway, H.Q.
Gorakhpur, R/o- Mohalla: Paidleyganj (Kaleypur), Post: Gorakhpur
University, Gorakhpur (retired on 30.06.2015).
28- Om Prakash Agrahari aged about 69 years S/o- Late Shri Chandra
Bhal Agrahari retired Chief Loco Inspector under C.M.E., N.E.
Railway, Gorakhpur R/o- Jatepur North, Beside Kali Mandir,
Gorakhpur (retired on 30.06.2015).
29- Surendra Shukla aged about 69 years S/o Late Shri Ram Vilas
Shukla, retired Senior Cashier-I, under F.A.&C.A.O, H.Q.
Gorakhpur R/o- 125C, Ashok Nagar, Gagoli Tola, Basharatpur,
District: Gorakhpur (retired on 30.6.2015).
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30- Santosh Kumar Lal aged about 70 years S/o- Late Shri M. Lal,
Retired Senior Passenger Guard, LJN Dn., H.Q. Gorakhpur R/o-
H.No. 5/270, Church Compound, near Dev Motors, Banna Devi,
Aligarh (Retired on 30.06.2014).
31- Ram Nagina Yadav aged about 70 years S/o- Late Shri Ram
Vriksh Yadav, retired S.I./R.P.F., Signal Workshop, Gorakhpur Cantt.
H.Q. Gorakhpur R/o-Village: Nekwar, Post: Jangal Rasoolpur,
Gorakhpur (Retired on 30.06.2014).
32- Kadam Lal aged about 72 years S/o Late Shri Basant, retired
Office Superintendent, D.P.O. , N. E. Railway, H.Q. Gorakhpur R/o-
H.No. 0747/A, Mohalla: Mohaddipur Jagdamba Gali Char Fatak
Road, Post: Kundaghat, Gorakhpur (retired on 30.06.2012).
33- Tilak Ram aged about 73 years S/o Late Shri Baboo Ram, Retired
S.S.E. (C&W), N.E. Railway, LJN Dn. / H.Q. Gorakhpur, R/o-
House No. 38 U, Mohalla: Bhediya garh, Post: Geeta Vatika,
Gorakhpur (retired on 30.06.2015).
34- Shashi Kumar Khare aged about 73 years S/o- Late Shri Radha
Mohan Khare, retired S.S.E. (C&W) Mechanical, under C.D.O.
Lucknow, N.E. Railway, H.Q. Gorakhpur R/o- Madhopur, Post:
Gorakhnath, Gorakhpur (retired on 30.06.2011).
35- Gopal Sharan Singh aged about 74 years S/o-Late Shri Amar
Bhan Singh retired Guard Mail/Express, LJN Dn., N.E. Railway,
Gorakhpur R/o- Village and Post: Kotwa, District: Prayagraj (retired
on 30.06.2010).
.........Applicants.
By Adv: Shri Santosh Kumar Kushwaha
Versus
Union of India through
1. The General Manager, North Eastern Railway, H.Q. Office,
Gorakhpur - 273012.
2. The Principal Chief Personnel Officer, N.E. Railway, H.Q.
Gorakhpur - 273012.
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3. The Principal Finance Advisor & Chief Accounts Officer, N.E.
Railway, H.Q.Office, Gorakhpur - 273012.
4. The Secretary, Railway Board, Railway Bhawan, New Delhi -
110001.
. . . Respondents
By Adv: Shri Chakrapani Vatsyayan
ORDER
Shri Santosh Kumar Kushwaha, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents, are present.
2. Although the matter has been listed under the head of 'Fresh Admission' the same is heard and decided today itself with the consent of learned counsels appearing for both the parties.
3. The compendium of the facts narrated in the instant original application is that the applicants are seeking one notional increment with all consequential benefits with effect from 1st July from the year in which they retired from Government Service. The applicants herein retired in the years which are reproduced below in the table:-
Sl. Name of the applicant Date of retirement No. 1 Ram Pyare 30.06.2023 2 Smt. Savita Vinoy 30.06.2021 3 Jitandra Kumar 30.06.2021 4 Devendra Trigunayat 30.06.2020 5 Ziauddin Siddiqui 30.06.2020 6 Arjun Prasad Tewari 30.06.2019 7 Ranjeet Singh 30.06.2019 8 K N Mauriya (Krishna Nath 30.06.2019 2024.05.24 PRIYADARSHANA 17:28:41 +05'30' Page 6 of 11 Maurya) 9 Moharram Ali 30.06.2019 10 Prabhakar Mishra 30.06.2018 11 Pushkar Saxena 30.06.2018 12 Dhirendra Kumar 30.06.2018 13 Ashok Kumar Gupta 30.06.2018 14 Farid Ahmad Khan 30.06.2017 15 Krishna Kumar 30.06.2017 16 Shrawan Kumar Singh 30.06.2017 17 Ram Das 30.06.2017 18 Prabhu Nath Sharma 30.06.2016 19 Anand Kumar Khare 30.06.2016 20 Prakash Srivastava 30.06.2016 21 Anju Sahay 30.06.2016 22 Yogendra Singh 30.06.2016 23 Janardan Prasad Mishra 30.06.2016 24 Rajendra Pal Singh 30.06.2015 25 Smt. Rajni Saxena 30.06.2015 26 Jagan Nath Singh 30.06.2015 27 Ram Kumar Yadav 30.06.2015 28 Om Pramash Agrahari 30.06.2015 29 Surendra Shukla 30.06.2015 30 Santosh Kumar Lal 30.06.2014 31 Ram Nagina Yadav 30.06.2014 32 Kadam Lal 30.06.2012 33 Tilak Ram 30.06.2015 34 Shashi Kumar Khare 30.06.2011 35 Gopal Sharan Singh 30.06.2010 2024.05.24 PRIYADARSHANA 17:28:41 +05'30' Page 7 of 11 The applicants also seeks a direction to the respondents to issue revise PPOs and their pension re-fixed and pay the arrears along with admissible interest to the applicants.
4. I have heard learned counsel appearing for the parties and gone through the documents on record.
5. Submission of learned counsel for the applicants is that the applicants got retired on the last day of June of the years of their retirement but notional increment falling due on the very next date i.e., 01st of July was not granted to them. Learned counsel further submits that the instant controversy stands well settled in light of numerous judgments passed by various judicial forums across the country including that by the Apex Court. Learned counsel also submits that the applicants are liable to be granted the benefit of one notional increment thereby adjusting their retiral benefits accordingly and thus prayer was made that this application be allowed.
6. Learned counsel for the respondents opposed the prayer made by learned counsel for the applicants and argued that the applicants retired on the last day of June in different years which implies that they were not in government service on the succeeding date i.e. 1 st of July and therefore, notional increment cannot be allowed to them.
7. I have considered the rival contentions advanced by the learned counsel appearing for the parties.
8. As the brief of the facts of the case have already been stated above, the same is not reiterated for the sake of brevity. Issue regarding grant of one notional increment to the employees who 2024.05.24 PRIYADARSHANA 17:28:41 +05'30' Page 8 of 11 retired on 30th June of the year was considered by the Hon'ble Supreme Court of India in judgment dated 11.04.2023 passed in case Civil Appeal No. 2471 of 2023 titled The Director (Admn. And HR) KPTCL & ORs.Versus C.P. Mundinamani & Ors. wherein the Apex Court has approved and upheld the view taken by different High Courts regarding granting of one annual increment earned by the employees on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. Thus, there is no scope to take a contrary view with the view taken by the Apex Court in the aforesaid case.
9. However, as is evident from the perusal of records, all the applicants except applicant nos. 1, 2 & 3 stood retired more than three years before the instant original application was actually filed. This further implies that there has been some delay since the cause of action arose and the original application was preferred. And since a specific prayer for grant of arrears that shall accrue consequent to the issuance of notional increment has also been made on the part of the applicants, it would be in the fitness of things to meticulously examine the delay and laches prevailing herein before pondering over the decision as to how much arrear payment is liable to be made in favour of the applicants. For the said purpose, it would be significant to straightway rely upon the law laid down by the Apex Court in its judgment dated 13.08.2008 passed in Civil Appeal No. 5151-5152 of 2008 titled Union of India & Ors vs. Tarsem Singh wherein the Hon'ble Court has dealt with the issue of delay and laches / limitation 2024.05.24 PRIYADARSHANA 17:28:41 +05'30' Page 9 of 11 while conferring the relief sought by the aggrieved party. For the sake of clarity, the operative portion of the aforementioned judgment is quoted herein below:
"5. To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). One of the exceptions to the said rule is cases relating to a continuing wrong. Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. But there is an exception to the exception. If the grievance is in respect of any order or administrative decision which related to or affected several others also, and if the re-opening of the issue would affect the settled rights of third parties, then the claim will not be entertained. For example, if the issue relates to payment or re-fixation of pay or pension, relief may be granted in spite of delay as it does not affect the rights of third parties. But if the claim involved issues relating to seniority or promotion etc., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied. In so far as the consequential relief of recovery of arrears for a past period, the principles relating to recurring/successive wrongs will apply. As a consequence, High Courts will restrict the consequential relief relating to arrears normally to a period of three years prior to the date of filing of the writ petition.
6. In this case, the delay of 16 years would affect the consequential claim for arrears. The High Court was not justified in directing payment of arrears relating to 16 years, and that too with interest. It ought to have restricted the relief relating to arrears to only three years before the date of writ petition, or from the date of demand to date of writ petition, whichever was lesser. It ought not to have granted interest on arrears in such circumstances.
7. In view of the above, these appeals are allowed. The order of the Division Bench directing payment of disability pension from the date it fell due, is set aside. As a consequence, the order of the learned Single Judge is restored."
10. Thus, this Tribunal is of the considered opinion that the issue of delay and laches / limitation and continuous wrong as defined by the 2024.05.24 PRIYADARSHANA 17:28:41 +05'30' Page 10 of 11 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 all the applicant except applicant nos. 1, 2 & 3.
11. So far as the applicant no. 1, 2 & 3 are concerned, as they retired on 30.06.2023, 30.06.2021 & 30.06.2021 respectively, the ratio of Tarsem Singh (Supra) does not apply to them and they are entitled for arrears of next increment when it was due to them, i.e. w.e.f. July, 2023, 2021 & 2021 respectively.
12. Learned counsel for the applicants also agrees to the same.
13. For the foregoing reasons, 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 i.e. 20.05.2024 shall be made to the applicants @ 6% simple interest per annum. The said exercise be completed within a period of three months from the date of this order without fail, otherwise the applicant shall be entitled for 6% Simple Interest per annum from the date of filing of present OA i.e. 20.05.2024.
14. M.A., if any also stand disposed of accordingly.
15. There shall be no order as to costs.
(Jutice Rajiv Joshi) Member (J) /Priyadarshana/ 2024.05.24 PRIYADARSHANA 17:28:41 +05'30' Page 11 of 11