Central Administrative Tribunal - Mumbai
Siddharth Mahadev Bharasakhare And 28 ... vs M/O Railways on 4 January, 2019
UMMA LALO o © ® CENTRAL ADMINISTRATIVE GR No.119/2012 OA No. 1260/2012 OR No. 2813/2012 OA No. 282/2012 OAR No. 8302/2012 TRIBUNAL MUMBAT BENCH, MUMBAT ORIGINAL APPLICATION No. ORIGINAL APPLICATION No. ORIGINAL APPLICATION No. ORIGINAL APPLICATION No. ORIGINAL APPLICATION No. 119/2012 120/2012 281/2012 282/2012 302/2012 wee .
This the © day of January, 2013 CORAM: ~ HON'BLE SHRI R, VITJAYRUMAR , MEMBER {A}. HON'BLE SHRI R.N. SINGH, MEMBER (J).
(ORIGINAL APPLICATION No.119/2012) i.
Siddharth Mahadev Bharsakhare, Working a Chief Loco Inspector, Akola, Under Sr. DEE (TROQ) BSL Central Railway, Bhusawal Residing at RB-IV-A, Goods Shed Colony, Near Rly Station, Akola.
Vilas Dada Kambile, Working a Chief Loco. Inspector, Manmad under Sr. .DME, BSL Central Railway, Bhusawal Residing at Rly Qtr No.C-il, Near Rly Hospital, Panchavati Colony, Manmad. Arvind Sopan Kinage, Working as Chief Loco Inspecter, Bhanera, o/O Loce Foreman ® Sadners, Central Ralliway, Residing at Navi Basti, Behind State Bank af India Badnera.
Gopinath Ranganathan Iyer, Working as Chief Loco Inspector Under Sr. DEE (TRO? BSL tty Wry Cy.
° Bly. .
~3 oO A.
1. 3 OR No. T19/2012 © OA No. 1120/2012 OA No. 2814/2012 OA No. 282/2012 OA Ne. 3902/2012 Y Central Railway, Bhusawal Residing at.
Plot No.7/B, Shantinath Nagar, Behind Prabhat Colony Bhusawal. Paramjit Singh Padam, Working as Chief Loco Inspector, Under Sr. DEE (TRO) BSL Central Railway, Bhusawal Residing at D-239, 12 Blocks, Rly Filter House Road, fe "
Bhusawal.
Rajendra Kumar Lade, Working as Chief Loco Inspector, Under Sr. DEE (TRO) BSL Central Railway, Bhusawal Residing at .
i~61, 8 Blocks , Bhusawal, Deepchand Hemchand Jangale, Ex CLI Now Working as ADME (Cog), CSTM, Under CME/CSTM, Mumbad Residing at Plot No.iS Prabhat Colony, Bhusawal.
Shailendra Singh Pawar, Ex CLI Now working as ADME/DAUND, Under CME/CSTM Mumbai Residing at Plot No.46, Shantinath Nagar, Bhusawal.
Suresh Kumar Mishra, Working as Chief Loco Inspector, Under Sr. DER (TRO} BSE Central Railway, Bhusawal --
Residing at D-86, Guard line, Bhusawal. femeil Khan Bafti Khan, Working as Chief Logo Inspector, 3 t = oe 3 OA No. 119/2012 N coon, ee OA No. 120/2012 " ae OR No. 281/2012 OR No. 282/2012 OA No. 302/2012 Under Sr. DEE (PRO) BSL Central Railway, Bhusawal Residing at Float No.3/1225, Gandhi Nagar, Bhusawal .
il. Rajeevkumar dagram Singh, Working as Chef Loco Inspector, Under Sr. DEE(CTRO) BSL, Central Railway, Bhusawal Residing at D-142, Mission Road, 12 Blocks, Bhusawal. , . Birendra Kumar Shukla, Working as Chef Loto Inspector, Under Sr. DME/BSL - Central Railway, Bhusawal, Residing "D-243, 15 Blocks, Varangaon Road, Bhusawal.
13. Narendra Kumar Singh, Working as Chief Loco Inspector, Under Sr. BDEE{TRO) BSL, Central Railway, Bhusawal .
Residing at D-55, 8 Blocks Near Riy ECC Bank, Bhusawal.
14. Umashankar Savita, Working as Chief Loco Inspector, Under Sr. DME/BSL Central Railway, Bhusawal Residing at Riy Otr No. D-246, 15 Blocks, Bhusawal.
15. Ashok Kumar Pandey, Working as Chief Loco Inspector, Under Sr. DEE (TRO) BSL Central Railway, Bhusawal Residing at D jos hh ® LLL OOOO L?.
is.
19,
20. 4 _ OA No.119/2012 ~ OA No.120/2012 OA No.281/2012 © OA No. 282/2012 OR No. 302/2012 D-97, Guard Line, Bhusawal. Ghashiram Puranlal Sahu, Working as Chief Loco Inspector Under Sr. DER {TRO} BSL Central Rallway, Bhusawal Residing at D-168, Armoury Road, 12 Clocks, Bhusawal.
Vijaya Bhagwan Sonwane, Working as Chief Loco Inspector, Under Sr. DEER (PRO) BST Central Railway, . Bhusawal © Residing at Durwankoor, Plot No.16, Neadr Dena Nagar, MSEB Office, Bhusawal. .
Shiv Kumar Sharma, Working as Chief Loe o Inspector, Khandwa, Under Sr. DEE {PRO} BSL Central Railway, Bhusawal Residing at RB-TV 180-B, Near Teen Puliva, Khandwa.
Ramesh Shivram Kakade, Working as Chief Loco Inspector, Under Sr. DME/BSL, Central Railway, Bhusawal, Residing at Plot No.65, Nandanvan Colony, Bhusawal.
Rajeshchand Khemchand Agrawal, Working as Chief Loco Inspector, Badnera , Under Sr. DEE (TRO) BSL, Cantral Railway, Bhusawal Residing at Near Jaihind Talkies, New Town, Sy s Badnera, Dist-Amravati, Sanjaykumar Mitharam Savkare, 3
-
LLL ALLE LOLOL LLL QD Po Ro 2a.
bd vee Working as Chief Loco Inspector, Under Sr. DEE (TRO} BSL, Central Railway, Bhusawal Residing at Sayvkare Building, Opposite SBI Main Branch, Bhusawal .
Yunus Khan Abdul Karim Khan, Working as Chief Loco Inspector, Under Sr. DEE (TRO) BSL, Central Railway, Bhusawal Residing at D-1444, Mission Road, 12 Blocks, Bhusawal .
Atmaram Tukaram Newares, Working as Chief Loco Inspector, Under Sr. DEE. (TRO) BSL Central Railway, Residing at p-$, Armoury Road, 12 Blocks, Bhusawal. .
Shidas Devidas Bornare, Working as Chief Loco Inspector, Under Sr. DEE (TRO) BSL Central Railway, Bhusawal Residign at Plot No.26/2, Hanuman Nagar, Bhusawal.
Nagendra Mishra, Working as Chief loco Under Sr. BSO, Bhusawa Central Railway, Bhusawal Residing at RB-Ti1/s02/B, 15 Blocks, Bhusawal Krishna Murari Singh, Working as Chief Loco Inspector, Under Sr. DER (TRO} BSL, central Railway, Bhusawal, Residing at, fo ft ?
OA Mo. 1198/2012 OA No. 120/2012 OA No, 2814/2012 OA No.282/2012 OA Ne.302/2012
27. (By tar x ts OA No.1i9/2012 © OA No.120/2012 OA No. 281/2012 OA No. 2982/2012 OB No. 302/2012 RB-IV 1063-0, Near Limpus Club, 40 Blocks, Bhusawal. Mahendra Narayan Ambade, Working as Chief Loco Inspector, Chalisgaon, Under Sr. DEE (TRO) Bhusawal, Central Railway, Bhusawal Residing at Riy Otr No. RB-II-43-B, Mitra Type Colony, Chalisgaon. Sunil Mahanlal Agrawal, Working as Chief Loco Inspector, "
Under Sr DEE (TRO) BSL, © Central Railway, Bhusawal Residing at, Plot No.45, Shantinath Nagar, Bhusawal.
a Applicants.
Advocate Shri R.G. Walia )} VERSUS.
Union of India, | © Through its Secretary, . ) Railway Board, .
Rail Bhawan, New Delhi T10 oOo1.
General Manager, Central Railway, Headquarters Office, CST Mumbai 400001.
Divisional Railway Manager, Bhusawal Division, Central Railway, Bhusawail-425201.
... Respondents (By Advocate Shri N.P. Lambat } ergo aaa ca ara anaarcanarnaancanacnnacanrieeicerebe ttt @ D
1. 7 (ORIGINAL APPLICATION No.120/2012) Nitin Madhukarrao Tinkhede Working as Chief Loco Inspector cCCOR, Nagpur Rallway station Central Railway, Nagpur Residing at Nayuri Apartment, 4th flcor, Bhande Plot Chowka, Umared Road, Sakardara, } Nagpur.
B. R. Kishore Working as Chief Loco Inspector} Of/o. Sr. DER (TRO) RCT building, DRM's office} TIT floor, Central Railway, Nagpur 440001 Residing at D-S1A, Adni, Nagpur (M.S. 440003.
Munish. K. Sharma Working as Chief Loco Inspector} Ofo. Chief Crew Controller {R}} Amla, Central Railway Anla Residing at RB-11, 132/00, Rallway colony Amla, BETUI (M. P) 460551 Rajesn C. Rajput Working as Chief Loco CCCOR, Nagpur Railway st 4 W tf ct 'Central Railway Nagpur Residing at Plot No. Vi, Swaraj nagar, Near Onkar Nagar, Nagpur 440027 Satyapal Singh Working as Chief Loco Tr cccoR, Nagpur Railway sta Central Railway, Nagpur OA No.119/2012 OA No.120/2012 OA No.281/2012 OA No. 282/2012 OA No. 3062/2012
16. § OB No. 119/2012 OA No.220/2012 OA No. 2812/2012 OR No. 282/2012 OA No. 302/2012 Residing at Plot No. 78, Saptgiri Layout Bhilgaon, Post Kheri, Qo "Tahsil Kamptee, Nagpur 442001 Yaduvir Singh Yadav Working as Chief Loco Inspector CCCOR, Nagpur Railway station Central Railway, --
Nagpur Residing at Flat No. 102, Devi Apartment 77, Saket Nagar, Nagpur 440027 © G. M. Kuhate Working as Chief Loco Inspector CCCOR, Nagpur Railway station Central Railway, Nagpur Residing at Plot No, 73, Flat No, 201, Dev Apartment, Saket Nagar, Nagpur 440027- Ram Prakash Kamal Working as Chief tLocn Inspector) CCCOR, Nagpur Railway station) Central Rallway, Nagpur Residing at RB~-TIT, 376, F.C. Railway Colony} Aini Raja Mehrotra Working as Sr Loco Inspector } O/o. Station manager Central Railway Jannardes Residing at S?, Janata Colony, Chindwara (M.P. Rakesh Kumar Gupta Working as Chief Loco Inspector} CCCOR, Nagpur Railway station) Central Railway, Nagpur Residing at CO 3 OA No. 1198/2012 oe OA No.120/2012 OA No. 2881/2012 OA No. 292/2012 OR No. 302/2012 Plot No. 88, Swarajnagar Nagpur 440027
11. P. Venugopal Rao Working as Chief Loco Inspector CCCOR, eo Railway station Central Railway Nagpur Residing at S-B, Raghvendra Society, ) Chinchmalappure Nagar Near Swara} Nagar, Nagpur 440027 iz. A. K. Saxena . :
© Working as Chief Loco Inspector) COCOR, Nagpur Railway station} Central Rallway, Nagpur Residing at D-8A, Central Railway, Bunglows, Ajni Nagpur 440003
13. Ashok Rrishnarao Deshmukh) Working as Chief Loco Inspector} CCCOR, Nagpur Railway station) Central Railway Nagpur Residing at Or. No. D-129A, Central Railway) Colony, Ajni.
14. M. P. Singh Working as Chief Loco Inspector) CCCOR, Nagpur Railway station} Central Railway, laqpur Residing at Flat No. #202, Wing 2, Rajat Plaza 1, Ghat Road, ) Nagpur 440018
18. L. Muthu Guru Packiam Working as Chief Loco inspector } Sr. DES Office, CTRG 3rd floor, DRM Office Buliding,} Central Railway, Nagpur Residing at ®
16...
17.
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20. 10 OA No.119/2012° OR No. 2260/2012 SS OA No. 2881/2012 OA No. 282/2012 OA No. 3028/2012 Plot No. 9, Shambhu nagar, } Vibhavananda Society Zingabai Takil Koradi Road, Nagpur 440030 Shiv Kumar Singh Working as Chief Loco Inspe CCCOR, Nagpur Railway stati Central Railway, Ballarshah Residing at Plot No. 39, Pad imavati Nagar-02} Near Divya Nagari, Godhani} Rallway Nagpur MR. Arora Working as Chief Loco Inspector) CCCOR, Nagpur Railway station} Central Railway, eter } or} Nagpur Residing at oy Flat Wo, 5/104, Sarajy nagar, Man Road, Nagpur D. &. Bais Swaray Apartment) ewada Ring) Working as Chief Loco inspector) CCCOR, Nagpur Railway station) wee Railway, lagpur & Rew ding at © Ayus Vila, Plot No. 53, Muni Shambhu Nagar, Mankapur, Nagpur Rameshchandra Sukhlal Working as Chief Loco Inspector) CCCOR, Nagpur Railway station) central Railway, Ballarshah Residing at RB-II, S1/B, Railway Colony, Baliarshah, Dist. Chandrapur } Maharashtra inder Kumar Working as Chief Loco Inspector } ec$ccoR, Nagpur Railway station) Central Railway, yy ai.
22. a3.
24.
25. 4 :
it OR No. 1219/2012 a. DR Roe 220/2012 : OA No. 2891/2012 OA No. 282/23012 OR No.302/2012 Amla, Dist. Betul MP 450551 Residing at Santra Market, Behind Parsi Chawl Ne. 15, Nagpur 4400718 Shiv Kumar Manto Working as Chief Loco Inspector} cecorn, Nagpur Railway station} Central Raliway, Naqpur Residing at | Flat No. 4/103, Swarai Nagar, Nagpur 440027 gd. P, Manohar Working as Chief Loco Inspector} CECOR, Nagpur Railway station) Central Rallway, Nagpur Residing at Flat No. 203, Ratan Palace, Ganesh Peth, Nagpur 440018 Naneet Kumar Joshi Working as Chief Loco Inspector) cccoR, Nagpur Railway station) Central Railway Amla Residing at D-LO-A, Railway Colony, -- Amla. .
Panch dJanya Kumar Singh Working as Chief Loco Inspector} cccOR, Nagpur Railway station ) Central Railway, Nagpur Residing at Devi Apartment, Saket Nagar Plot No. 7?y Nagpur.
K, Dhivakar Working as Chief Loce Inspector) mcCOR, Nagpur Railway station} Central Railway, , Nagpur ty + dt , i Residing at 26,
27.
30.
i OR No. 1119/2012: -
GAR No. 120/201Co.
OA Ho. 2861/2012 OA No. 282/2012 OA No.302/2012 Plot No. 17, 18 Laymi Vihear Complex, Somal Wada, Wadha Road, Nagpur 440025 Babu Paul .
Working as Chief Loco Inspector} CCCOR, Nagpur Railway station) Cantral Railway, Nagpur Residing at 133/99, Swaraj Na aga Near Omkar Nagar, Nagpur 440027 "Naveen Kumar Working as Chief Laco Inspector \ CCCOR, Nagpur Railway Station, Central Railway, Nagpur Residing at Flat No. 203, Shruti Sagar Shah } Niwan Hari Om Colony, Omkar Nagar, Nagpur 44002 S.H. Subramaniarn Working as Chief Loco Inspector} CCCOR, Nagpur Rail way station) -- Central Railway, Nagpur Residing at T-1, Sai Mahak Apts., Mohan Nagar, Nagpur Pramdkumar Sitaram Kumbhare) Working as Chief Loco Inspector} ECCOR, Nagpur Railway station) Cantral Railway, Nagpur Residing at Railway Quarter No. F-3, Dayal Nagar, Deoli Road, } Wardha 442001 Vishwas Vasant Surange Working as Chief Loco Inspector cCCOR, Nagpur Railway station} Central Rallway, Nagpur Residing at wd roo © © aes:
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CP foot H/O.S./B.Kaple, Shrinivas Colony Ram Nagar, Werdhe, Maharashira 443001 Ramesh Chand Shedas Prasad | Working as Chief Loco Inspector North Central Railway, Residing at Railway Qtr. No. P&d, Central Railway Colony, Ajni Nagpur Gayurall Working as Chief Loco Inspector CCCOR, Nagpur Railway station Central Railway, Amia, Dist. Retul Residing at Qtr. No. RB Lilt, 201 B Railway Colony, Amia Dist. Betul {MP 460551.
A. K. Bagade Working as Chief os CCCOR, Nagpur Railway station Central Railway, Nagpur Residing at Flat No. 101, Shivshakti Appt Banerjee Layout Nagpur 440027 Gulab Singh Yadav Working as Chief Loce Inspector) CcCCOR, Nagpur Railway station } Centrai Railway, Nagpur Residing at Plot No. li, Dhrdival Layout Fost Bhraqrvan nagar Ainil, Nagpur.
Harishchandra Maurya Working as Chief Loco Inspector} CcCOR, Nagpur Railway station } Central Railway, Nagpur OA No . GR No. 119/2012 1200/2012 OA No, OA No. OA Ne.
2881/2012 2882/2012 3202/2012 i4 OA No. 219/201 ' OA Ne. leo/2012 W OA No. 281/2012 SS OA No. 282/2012 OA No. 302/2012 Residing at Flat No. 3 Ray Wing 2, Ghat Road, Nagpur 440018.
36. M. Venkateswarlu Working as Chief Loca Inspector} COGOR, Nagpur Railway station Central Railway, --
Nagpur Residing at R.B.. IIT 74-C, new Railway Colony) Balharshah .
Chandrapur (Dist} M.S. © 442701 had mad , &. FL. & Rao, Working a8 Sr. Loco Inspector or. DEE, CTRO's Office Central Railway, DRM's Office Rings way Nagpur Residing at S/R. Hemangi Shilpa Housir P.O. Narendra Nagpur 400015, Enclave Plot No. 35) ng Co-op. Society} Nagar, \\ aes Applicants. © (By Advocate Shri R.G. Walia } VERSUS .
i. Union of India, Through its Secretary, Railway Board, Rail Bhawan, New Delhi 110 042, General Manager, Central Railway, Headquarters Office, h CST Mumbai 400001.
Divisional Railway Manager, Nagpur Division, Central Raliway, Naqpur-440001.
(By Advocate Shri V.D. Vadhavkar } (ORIGINAL APPLICATION No.281/2012)
1. te Laxman Godappa Kener?
Working as Sr. Loca nspector Sr. Divisional Safety Officer Pune Division, Central Ralliway, Pune Residing at 2/83, Plot No. 23, Sainath Nagar, Shidhivinayak Temple Nigdi, Pune 44, Satish Balkrishna Paradkar Working as Sr. Loco Inspector Sr. DME (D) Diesel Loco Shed Fune Division, Central Railway, Fune Residing at B/16, Universal Residency Near Apte Colony, Warje Malwadi, Pune 5&8.
§.D. Vaidya Working as Chief Loco Inspector, CCOR {(D)'s Office, Pune Division, Sentral Railway, Near Maldhekka, Pune Residing at 8933, Sadashiv Peth, OR No. L19/20L2 OA No. 126/2012 GA No. 2881/2022 OR No, 2682/2012 OA Ne. 3062/2672:
... Respondents iin » ~J 16 Laxmi Niwas Apartment Flat No. 303, Pune city N. D. Khopade Working as Chief Loco Ins Sr. DME's Office, DRM's Office Pune Division, Central Railway, Near Maidhakka, Fune- 411002 Residing at ist floor, Shreeram, Jairam Apartment, 1163 Nana Peth) Near Phalki, Vithoba Chowk} Pune 411002.
A. M. Wavre Working as Chief Loco Inspector "COCOR{D) Office, Pune Division, Cantral Railway, Near Maldhakka, Pune~ 411002 Residing at Riv. Qtr No. RE-IV, A/E, New Diesel Colany, Dhole Patil Road, Pune 411001 A. K. Dalimbe Working as Chief Loco Inspector) cccGoR (D) Bune Pune Division, Central Railway, Near Maldhakka, Pume ~ 411002 Residing at RB-T, 559, Tadiwal Road Pune -1.
Cc. R. Kalse Working as Chief Lec - paspeero®) CCOR(D) Office, Near Maidhakka, Pune Division, Central Railway, Pune - 411002 Resi:-C/o Rahul Walia, 3 5 N a Buld, D.N. Road, Fort, Mumbai-2. OA No. 1119/2012 OR No.i20/2012 OA No. 281/2012 OA No. 282/2012 OA No. 3028/2012 © © {By feo fod 1?
Ss. Mahesh Rumer Working as Chief Loco Inspector} CCOR(D)'s Office, Pune Division, Central Shakhen Near Maidhakka Pune 411002 Residing at A3/Z03, Citadel Enclave B.T. KRawde Road, Ghorpuri } Pune 36, Maharashtra. P. PP. Sawant Working as Chief Loco Inspector eccoR {(D)'s office Pune Division, Central Railway, Near Maldhakka, Fune 411002 Residing at B.2/19, P.S. Angam Magarpatta Road, Hadapsar Pune 28.
Advocate Shri R.G. Walia )} VERSUS.
{inion of India, Through its Secretary, Railway Board, Rail Bhawan, New Delhi 110 oOO1. General Manager, Central Railway, Headquarters Office, CST Mumbai 400001, Divisional Railway Manager, Nagpur Division, Central Railway, Pune-411001.
OA No. 1119/2012 OA No.120/2012 OA No. 2812/2012 OA No. 282/2012 OA No, 3062/2012 nes Applicants. ... Respondents {By Advocate Shri V.D. Vadhavkar ) {ORIGINAL APPLICATION No. 282/2012)
4.
Anil Ambadas Waghmare, Working as:
Chief Lece Inspector, Central Railway, Sol apur, Having Office at : Divisional Railway Manager's Office, Mechanical Branch, Central Railway, Solapur. Residing at:
7/4, Rajeshkumar Nagar, Hotgi Road, Solapur. Shashikant M. Karajgqikar, Working as:
Chief Loce Inspector, Central Railway, Solapur Having Office at:
Divisional Railway Manager's Office, Mechanical Branch, Central Railway, Solapur. Residing at:
il2, Siddheshwar Peth, Near Zilia Parishad, Solapur : 413 901.
Mohd. Gaffar Mastan Gadwal, Working as Chief Loco Inspector, Central Railway, Solapur Having Office at : Divisional Railway Manager's Office, Mechanical Branch, Central Railway, Solapur.
Residing at:
4¢6B, New Paccha Peth, Near Pathrut Chowk, Solapur: 413 008, Sitaram Shripad Bhave, Working as:
Chief Loco inspe Cantral Pail ipectsor vaYr Solapur "~ gh W OA No. LLS/2012 :OR No. 1206/2012 OA No. 281/2012 OA No. 2862/2012 OA No. 3602/2012
& @ oy CCOR Office WADI 19 O# No. 1219/2012 OA No. 1200/2012 OA No. 281/2012 OA No. 282/2012 OA No. 302/2012 Having Office at: Divisional Railway Manager's Office Mechanical Branch, Central Railway, Solapur.
Residing at:
L151, Raiiway Lines, Duffrinm Chowk, Solapur: 413 O@2.
Dhananjay Jotirao Gaikwad, Working as:
Chief Loco Inspector Central Railway, Solapur, Having Office at : Divisional Railway Manager's Office, Mechanical Branch, Central Railway, Selapur, -- Residing at:
RN-II. 260, Nirmiti Vihar, Bijapur Read, Solapur.
Batt Rajeshwar Yadgiri, Working as: a Senior Loco Inspector, ce, Central Rallway, Residing at:
House No.A~-238, Allwyn Colony, Kukat Pally, Hyderabad.
K. L. Ahirwar, Working as Chief Loco Inspector Chiet Crew Controller Office Daund, Central Railway, District : Pune, Residing at:
Railway Quarter No.F-19, Near Railway Officer, Rest House, Bungalow Side BDaund, District : Pune, Maharashtra State, Pin Code : 413 801.
Sudhakar L. Belulkar, Working as:
Chief Loco Inspector OA No. 2119/2012 * ° OA No. 120/2012 & OA No. 2814/2012 OK No. 2982/2012 OA No, 302/2012 Central Railway, Solapur, Having Office at : Divisional Rallway Manager's Office, Mechanical Branch, Central Railway, Solapur.
Residing at:
Plot No.1, Chandrabhaga Nagar Near Arihant Hero Honda Show Room, Patas Road, Daund, District : Pune, Pin Cede : 413 801.
&. Vinay Kumar, Working as Chief loco Inspector, © Chief Crew Controller Office, Daund, Central Railway Datrict > Pune, Residing at:
Phase -I, Janta Colony, Daund District : Pune, Maharashtra, Pin Code : 413 81 wie Applicants.
{By Advocate Shri R.G. Walia } VERSUS.
i. Union OF India, . a Through its Secretary, \ Railway Board, Rail Bhawan New Deihi 110 O01.
. G@neral Manager, Central Railway, Headquarters Office, CS? Mumbai 400001.
3. Divisional Railway Manager, Solapur Division, DRM's Office, Central Railway, Solapur - 413 O61.
4. Sr. O.P.0. Solapur Paivision, Divisional Office .
Personnel Branch, Central Rallway Selapur 413 001.
B3 a ».. Respondents \\ , 2 OA No.1i9/2012 . . , OA No.120/2012 OA No. 281 /2072 OR Ho, 2892/2012 OA Na. 302/2012 (By Advocate Shri V.D. Vadhavkar ) (ORIGINAL APPLICATION No,302/2012)
1. Shri 5.G. Shimpi, Retired Sxr.heco Inspector, Grop "C', from Central Railway, Office at: Sr. DME (DSC) Office, Kurla (D) Shed, Kurla; Mumbai. Residing at:
Om Dattatray Dham, A- 302, Ganesh Mandir Road, . Titwala {Manda} {Mast}, Pin Code 421 605. Dattatrary Baburao Howale, Retired Sr. Loco Inapectro, (DSL), Group "Cc", from Central Railway, Office at: S.S.EB. (0) Kurla, DSL Shed, Kurla (EAST), Mumbai 400024, Residing at:
'Madhu Kunj", 87/601, Kurla (Bast), Mumbai 400024.
Sa « Applicants.
{By Advocate: Shri R.G. Walia } Versus.
1. Union of India, Through its Secretary, Railway Board, Rail Bhavan, New Delhi - TLOO01.
2. General Manager, Central Railway, Headquarters Office, CST Mumbai 400001.
3. Divisional Railway Manager, Mumbai Division, Central Railway, CSTM, Mumbai 400001.
- . Respondents.
Mh, Za (By Advocate: Shri V.D. Vadhavkar } Reserved on 13.11.2018.
Pronounced on 4.6] 2019 OR DER oa No.tisszo1z SO OA No GA No OA No DA No ye .120/2012 281 /2012 2282/2012 , 2302/2012 Per: R.N. Singh, Member (Judicial) All the five GAs have been filed by the respective applicants under Administrative Tribunals Act, 1885.
Section 13 fy ot ry D o Ino the above. OAS the applicants are admittedly. similarly situated. The impugned orders and reliefs prayed for are almost the same. Hence, in the facts, circumstances and reliefs rn prayed for being similar, the OAs, have be en heard together and are being disposed of by a common order Fron by the Administrative by taking the common facts and the prayers O.A.No.119/2012.
2. The G.A.119/2012 has been filed 5 applicants under Section 19 of the Tribunals Act, 1985 seeking reliefs i-
* 3) TRIS Hontinte Preibena l méy piessed te oa fox the records 4 proceedings oF the ca and after going through the same, be pleas to order and direct the Respondents extend ¢ i £ of the duclyment pass in GA Ne a OLA. No. 3857 of 20 by the Principad Bench of th for the following O. & 3 F be bea Qo ore Th by wp be a &, bu tb is] "
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ef Soy B ae so, ? gS 28 So, oe GP be 2 fo, w™ BIBS "swe . . oe rs a © o he ES ' 4 * tho 33 sf ty > ta yy @ of "4 can et, w 4a Bo rt ba ay o t oe crt ce 43 a as ' G ref "CR LS Ry, am am, $a 8 xe +3 aa ny el 6 © o TT BO Oa ay we i OO BN SG, OS TW g ~ & ar hy ° fs Fa, OW op nee fi + OG Or dee Ce a cr @ Go thd CC HG 3 % @ Mra be . ~~ DE Go © b ~ 4 OD UB et my ™ 6 2 B33 os, homeo OG Be et x Gg oO OB Mey et Oe O ta @ "ee GO Oo oO + oD 4 DB OME Ay 8 oy em MO he rep Ty ee ke ced En mn i "ord BOB Oke mf CE seh emt Sa OE se GS ce AE OE od %, "nit we og TG fu as we i °F, Gham O, Nore fd wee Gy EY RO ee OY Me fy Oph U3 oS rd « tt eh Oo SS Nef a ret & "| $s art rm * $y wd wo Lt wm Ee Sei a?OB No. 19/2012 GA No 1260/2012 OA No. BB1/2012 OR No 2862/2012 OA No. 302/2012
h their respective junior employes a ®
iv) fhe Respondents may be directed to worrect the Pension Pay Orders {PPO} of the Appiicants by 'extending/.Restorinag the benefits of Stepping up of Pay at par with Apoiicants ' Janior and to pay the Recovered/withhold sretiral dues of the Applicant with 18% interest thereon, (vid. Heavy and exemplary cost of this iwil? Any other and further orders as z E } ¥ v3 3 x ot os, ool ge a o 2 this Hon'ble Tribunal may deem Fit, Proper and sece he Fachs and circumstances
7. The brief facts as contended = by the applicants of OR No.119/2012 are as follaws:-
The applicants were initially appointed in Loco Running Staff Cadre in the | respondents department. They were initially holding the post of Fireman-T/Assistant Loco Pilot and later on they were promoted to the post of Loco Pilot Goods in the pay scale of Rs.1350-2200 which was revise to rs. 000-9000 in the 5 Pay Commission and Rs. 9300- Oo 34,800 {GP Rs.4200) in gs Bay Commission. The Loco Running Staff Cadre prior to 01.01.2006 comprised to following posts namely Fireman/Assistant Loco Pilot, Senior Assistant Loca Pilot, Loco Pilot Shunting, 28 OA No. Ti9/Z012 DA Na E20/2022 GA No. 2812/2012 GH No. 282/2012 OA No.302/2012 gy © Senior Loco Pilot Shunting, Loco Pilot Goods, Senior. > Loco Pilot Goods, Loco Pilot Passenger, Senior Loco Pllot Passenger, Laco Pilot Mail/Express. All the categories of Loca Pilot in Leco Rumning Staff Care are having their nermal channel of promotion upto the post of Loco Pilot Mail. it is stated that when an incumbent is promoted to the post of Loca Inspecter from the feeder post of Loco Pilot Goods, Leaco Pilot Passenger or hLoco Pilot Mail, he is entitled to get benefit of pay fixation by adding 308 pay element and accordingly his basic. pay is fixed in the post of Loco Inspector. The applicants at S1,No.1 te 14 and 18, 19 have been promoted on the post of Loco Inspector from the feeder post of Loco Pilot Goods and applicant at S1.No, i5 to 17 and 20 to 38 have been promoted on the post of Loco Inspector from the feeder post af Lace Pilot (Passenger) during the period between the yer 1991 to 2004. rt chat fter implementation of
8. The ais state ea recommendation cf 6 Bay Commission w.s.f. 1% nat m January, 2006, the applicants, pay were also fixed i the revised pay pay structure and an anomaly has a 6 running staff 29. OA No. 119/2012 OA No.120/2012 OA No.281/2012 OA No.282/2012 OR No. 8302/2012 'Crept in the cadre of Loco Running Supervisor after Fixation of pay under the 6" Pay Cammission. The 2006 aS Loco > pes staff appointed prior to at. inspectors were in the Dre-revised pay scales as such applicants pay have been fixed in the pay atructure of Loce Running supervisor under Railway Servant (RP} Rules, 2008 and they are drawing less pay then their Juniors who appointed as Loco Running Supervisor after 01.01.2006, the anomaly has arisen due to the fact that the benefit of 30% add on element in pay in the basic pay granted at the time of promotion to E has been granted to the seniors i.e. applicants was of lesser value as the same has: been calculated in favour of the juniors on revised pay scale and is of much higher value. They have also given an example in respect of applicant no.1l vis-~a- vis Shri K.S. Rajput that as on OL.-O1.2006, the applicant no.l was holding the post of Loco inspector in the pay band in PB-? i.e. Rs.9,300-34,800/~- + GP pof Rs.4600/- and he was drawing the basic pay as Rs.18880 + GP 4600/-. On the other hand, Shri K.s.
Rajput was having the pay scale of Re. 9, 300-34, 800/-~ 30 , GA Ne. 1iG/s0i2 LS : OA No.120/2012 OA No. 281/2012 OA No. 282/2012 OA No. 302/2012 f +b GP oof Rs.4200/- and was drawing Rs. l6736/- + GP 4200/-- as Loco Pilot Mail. However, after 6 Pay Commission ag the applicant no.i Was initially Promoted as Leco Inspector on 20.93.1995 and the junior employee, namely, Shri K.S. Rajput WAS promoted on the post of Loco inspector on 03.03.3016 and 4s per the procedure, his basic Was aliso fixed@ i th & ©}
93) 2 bs @ ®) hy is 2 a i rs $0) (5;
C re 3 tor by adding 30% of pay fete aS element of running allowance in his basic. Accordingly, as on Gi. O7.2010, the basic pay of Shri R.S. Rajput was Rs.32100/- whereas the applicant as on 01.07.2010 was only having basic pay of Rs.27240/-. Thus, the applicant being Senior has been getting less pay than Shri R.s. "Rajput. This anomaly © has arisen after the acceptance of implementation of 6" Pay Commission. The Railway Board has also issued instructions RBE No.136/2009 on 24.07.2009 (Annexure A-10} to resolve this anomaly. -It is stated that olleagues of the applicants who were similarly Placed sought information under RTI regarding stepping up of pay at par with the Juniors due to the CPC and in Wie ® Siow GA No. 119/2012 OA No. iZ0/2012 OA No. 2681/2012 OA No.282/2012 GOA NG. 3002/2012 reply the respondents have provided information vide their letter dated 19.01.2009 (Annexure A-11} wherein the Ministry of Railways has relied upon a letter dated C1.05.2007 {Annexure A-12) and have stated that if the conditions prescribed in the aforesaid letter gets fulfilled, the senior employees would he ntitled to get their pay stepped up at par with the Juniors.
9, It is stated that the South East Central Railway (SECR} has already extended the benefit of stepping up of pay vide order dated "13.12.2009 (Annexure A-13). The respondents have given reasons for nok granting of stepping of pay to the Applicant wd Nos. 2 to i as they have taken stepping of pay in 1996 with Sri §.K. Sharma hence they are not eligible to get stepping of pay whereas this fact has already» been clarified by the Railway Board vide RTI 4nformation dated 03.08.2010 (Annexure A-14) stating that stepping up of pay is to be qranted in 6 Pay
- 24 &
a) es) C33 B3 an BB is @ Commission. Similarly, Applicant senior to Shri Dhananjay Singh and Applicant Nos.2 to 28 are senior to Shri Alok Shrotriya. They have oe
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OA No. i19/2012 OA No.120/2012OA No. 281i /2012 OA No. 2882/2012 OH No. 302/2012 hao bho a also placed reliance on the judgments delivered by Ernakulam RBanch of this Tribunal in O.A.No.i1001/2016 dated 04.10.2011 inre: Abdulla & Others vs. Union of India & Others and O.A.No.1002/2010 dated 04.10.2011 inre;: Karunakaran A.V. & Others vs. Union of India & Others and also Principal Bench of this Tribunal in LY OA. No. 3857/2010 dated 24.40. 2011 jinre: Surinder Kumar Dhingra vs. Union of India & Others. All the aforesaid OAS w ere allowed granting stepping up of er pay at par with their 4uniors. Further, several oth Railway Zones have already extended the benefit of stepping up of pay to Similarly situated persons as such the action of the respondents is a hostile discrimination and is viclative of Article 14 of the liable to be set aside. Hence, this OA.
10. The brief facts as contended by the applicants of OA No.120/2012 are as follows:-
The applicants were initially _ appointed in Loco Running Staff Cadre in the respondents department. They were initially helding the post of iq Fireman-T/A on they i Cf pel 2 ct 2 3 ct i Q Ky fo .
fan OQ et ti ras co Nae $B rt {B rs e Constitution of India and the impugned order is ®@ 33 . OA Nol i19/2012 OA No. 120/2012 GA No. 2881/2012 OA No. 292/2012 OA No. 3002/2012 were promoted to the post of. boco Pilot Goods in the pay scale of Rs.i350-2200 which was revised to Rs.5000-8000 in the 5° Pay Commission and Rs.8300- 34,800 (GP Rs.4200}) in 6 Pay Commission. Rest of the 'facts are almost similar to the facts of the sarlier OA hence no need for repetition except the name of their junior i.e. Shri S.E. Hedau, who was posted as Loco Pilot Goods on 01.10.1992 in the grade of Rs. 1350-2200/- and his basis pay as on O1.10.1992 was Rs.1350/-. The date of appointment of Shri S.E. Hedau is 04.11.1989 whereas the date of appointment of the applicant oneo.ib is_ and both were Meo 8 ped fe an ~L0.4 et he tant Loco Pilot as spch a in
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Ur appointed on the post of Ass all the applicants are senior to Shri §.5. Hedau te. It stated that : be = fA throughout their service till a a 3 Ernakulam Bench of this Tribunal has decided a policy matter after taking inte consideration all material facts on the subject and thus it is a judgment in rem and not in personam as auch the respondents are under a legal obligation to follow the same. All the aforesaid OAs were allewed granting stepping up of pay at par with the ix juniors. Further, several other 34 OR No.119/2012 & OA No. 120/2012 OA No. 281/2012 OA Na. 2982/2012 OA No. 8302/2012 Railway Zones have already extended the benefit of stepping up of pay to similarly situated persons as such the action of the respondents is a hostile discrimination and is violative of Article 14 of the Constitution of India and the impugned order is liable to be set aside. Hence, this OA. ii. The brief facts as contended by the © applicants of GA No.281/2012 are as follows:~ The ae@pplicants were initially appointed in heco Running Staff Cadre in the respondents department. They were initially holding the post of Fireman-I/Assistant Loco Pilot and later on they were promoted to the post of Loco Pilot Goods in. the pay scale of Rs.1350-2200 which was revised. to Rs .5000- 8000 in the 5 Pay Commission and Rae.9300-34,800 (GP Rs.4200) in 6 Pay Commission. Rest of the facts are almost similar to the facts of the earlier OA hence mo need for repetition except the name of their juniors i.e. Shri A.A. Swamy and Shri A.R. Khan as such all the applicants are senior to both of them throughout their service till date. They have aiso placed reliance on the judgments delivered by @ 33 Ernakulam Bench of this Tribunal.OA No. i29/2012 GA No. 1276/2012 OA No. 2821/2012 OA. No.292/2012 OR No. 3028/2012
fe tok tH stated that Ernakulam Bench of this Tribunal has decided a neg oLiey ae Ye matter and after considering all material facts on the subject thus it is a judgment in rem and not in al a personam as such the re ndents are. under a dle obligation to Follow the same. Ali the aforesaid OAs were allowed-granting stepping up of pay at par with th their juniors. Further, several other Railway Zones x have already extended the benefit cf stepping up of pay to similarly situated persons as such the action of the respondents is a hostile discrimination and is violative of Article 14 of the Constitution of India and the impugned order is liable to be set aside. Hence, this OA.
12. The brief facts as contended by the applicants of OA No.282/2012 are as follows:- The applicants were initially appointed in boco Running taff Cadre in the respondents department. They were oh initially holding the post of Fireman~I/Assistant Loco Pilot and Later on they were promoted to the_ ny post of Loco Pilot Goods in the pay scale of Rs.1g50-
2900 which was revised to Rs.5000-8000 in the 5° Pay a 36 OA No.119/2012 \Y OA No. 120/2012 OA Ne. 2881/2012 OA No. 2682/2012 OB No. 3802/2012 Commission and Rs.9300-34,AGO (GP Rs.d200) in §* Pay om 4
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Commission. Rest of the Facts are almost similar te the facts of the earlier "OR hence no need for repetition except the nama of their Junior i.e. Shri U.D. Bhadule and Shri €C.R. dohnson. Further, all the applicants are senior to both of them throughout their service till date. They have also placed réliance on the judgments delivered by Ernakulam Bench of this Tribunal. It is yreiterated _ that Ernakulam Bench of this Tribunal has decided a policy matter and it is a judgment in rem and not in personam aS such the respondents are under a legal obligation to follow the same. All the aforesaid OAs were allowed granting stepping up of pay at per with their juniors. Further, several other Railway Zones have already axtended the benefit of stepping up of os pay to similarly situated persons as such the action of the respondents is a hostile discrimination and is violative of Article 14 of the Canstitution of india and the impugned order is liable to be sat aside, Hence, this oA, i3. The briet facts as contended. by the LMM @ wd OA No. 1198/2042 OA No. 120/2012 OA No. 2861/2012 O& No, 282 /2012 OA No. 302/2012 tas applicants of OA No.302/2012- are as follows:- The applicants were initially appointed in Loco Running Staff Cadre in the respondents department. They were initially holding the post of Fireman~I/Assistant Leco Pilot and later on they were promoted to the Commission and Rs.9300-34,806 (GP Bs.4200) in 6" Pay Commission. Rest of the facts are almost similar to the fact of the earlier OA hence no need for tt repetition except the name of their juniors L.e.
Shri T.D'Sauza and Shri Sayed Iqbal. Further, ail the applicants are senior to both of them throughout their service till date. They have also placed reliance on the 'Judgments delivered by Ernakulam Bench of this Tribunal. It is stated that Ernakulam Bench of this Tribunal has decided a policy matter and it is a judgment in rem and not in personam as such the respondents are under a legal obligation to follow the same. All the aforesaid OAs were allowed granting stepping up of pay at par with their juniors. Further, several other Railway dones have as.
38 OA No. L19/20412 OA No.120/2012 OBR No. 2881/2012 OA No. 282/2012 OA No. 302/2012already extended the benefit of stepping up of pay to Similarly situated persons as such the action of the respondents is a hostile discrimination and is violative of Article 14 of the Constitution of India and the impugned order is liable to be set aside. Hence, this OA.
14. The respondents have filed their Counter, Reply in all the OAs disputing and opposing the claim of the applicants in the OAs. The respondents have contended that the applicants have filed the present OAs for quashing and setting aside the impugned order dated 19.10.2011 and to direct. the respondents to extend the benefits of Judgment passed by CAT Ernakulam in O.A.No.1002/2010 and 3857/2010. They have prayed for stepping ub of pay of applicants at pplicants have filed Sb par with their uniors. The representation for stepping up of pay, but the claim has been turned down vide letter dated 19.10.2011 as per Railway Board's clarification dated 01.05.2007 rs that the scale pay of the lower post and higher post in which both the junior and senicr are entitled to draw pay, snould be identical and as per Railway Ss @ QMS OTTO ° Oo BO. OA No. 2119/2012 OA No. 120/2012 OA No. 2814/2012 OAR No. 2842/2012 QA No. 302/2012 Board letter dated 24.07.2009 stepping up of pay will be allowed only once and the pay so fixed after atepping up will remain unchanged (Exhibit R-1i). They have contended that Applicant No.1 was appointed as Fireman on 08.07.1985 in Grade Rs.950-1500 - (GP Rs.1900 as per 6" Pay Commission) and later on prometed to the post of Loco Pilot Goods on 08.04.1989 in Grade Rs.1350-2200 (GP Rs.4200 as per Pay Commission) and later on promoted as Loco Inspector on 20.03.1995 in the Grade Rs.6500-10500 (GP Rs.4600 as per 6 Pay Commission) and at the time of promotion as Loco Inspector his pay was fixed S Oe treating of the then running allowance as a part of pay for the purpose of pay fixation. As hoco Inspector his fixation was done on 20.03.1995 and his basic pay was fixed at Rs .2300/- including 30% of 2 running allowance and on implementation af 6e8 Pay:
Commission his basic pay was fixed at Rs.18880/- and GP at Rs.4600/- from O41.01.2006 and Rs.22,640/- (basic) and GP Rs.4600/- on the date of promot con of ms tt Shri K.S. Rajput. It is stated that Shri K.S. Raj Ls Pr was appointed as Assistant Loco Filot on 17.02.1388 40 OA No. 119/2012 ' OA Na.i20/2012 OA No. 281/2012 OA No, 2862/2012 OR No. 302/2013 'in Gr.Rs.950-15 (GP Rs.i800 as per 6 Pay Commission}, then promoted to the post of LP/Goods on 23.09.1991 in Gr. Rs.1350-2200 (GP Rs.4200 as per 6™ Pay Commission} and on promotion as Loco Pilot Passenger on 01.09.1996 in Gr. Rs.5500-9000 (GP Rs.
£200+500. as per 6" Pay Commission) and as Loce Pilot 'S ots Mail/Express on 01.09.1998 in Gr. Rs. Rs.4200+1000 as per 6% Pay Commission). The pay of Shri k.s. apput wale fixed at Rs.16330 (Basic) and Grade Fay of Rs,4200+1000 wre. f. 01.01.2006. However, he was selected as Loco Inspector on 01.07.2016 and his pay was fixed at Rs.27500 (Basic) with ep Rs .4600 oy adding the element of 368 of running allowance, © | \ 000-9800 (cH)
15. They have further contended that as per § Rallway Board letter No. B{P&A} IT-2008/RS~37 .
at. 28.11.2034 regarding stepping of pay of Lec inspecter appointed prior to O1L.OL, 2006 with reference to their Juniors appointed after OL.01.2006, on fulfilling certain conditions vide its letter NO.E(P&A) TI-2008/RS5S-37 dt. 24.07.2000 the condition which is applicable in the case of the applicanta is Rule 3 {8} which is as underi-
SELLA ® a 4] OA Na. 1Ligf2012 od OA Ne.120/2012 OR No. 2281/2018 DA No. 282 /2012 OA No. 3602/2012 "both June tor and the senior Railway servants ould bel ong to the same cadre and the posts in which they have been promoted should be identical in the same cadre and other conditions enumerated in Note 10 below Rule 7? of RS {RP} Rule, 2008 shania b fulfilled,"
&
16. rt is further contended that the pay of the applicants who were drawing pay Rs.7100/- in grade - Rs. 6500-10500/~ as on 01.01.1596 which has . been stepped up to Rs. 7900/~ w.e.f. 20.92.1996 at par with Junior Shri §.K. Sharma, Chief Loco Inspector, & Khandwa are not entitied for stepping up as per para 3 (a) of Railway Board létter dated 24.07.2009, which Says that stepping up of pay will be allowed only once. Further, they have submitted that the judgments relied by the applicants of Ernakulam and Principal Bench of this Tribunal are not helpful to the applicants and they have placed reliance on the judgment of Hon'ble Apex Court in UOr & Others vs. O.P. Saxena reported in 1997 SC 1324 {CA No, 8852 of i996 and others) and the GAs are devoid of any merits and the same are deserves sto be dismissed.
17. The learned counsel for applicant has not ct rr rf) filed .Rejoinder in any of the OAs. Although 420 7 OA No.119/2012 ~ OA No. 120/2012 OA No. 2891/2012 OA No. 2682/2012 OA No. 302/2012 learned counsel for the respondents have filed weitten arguments in all the OAs to which the learned has filed written 4 counsel for the applicant:
th arguments reiterating the averments made in the OA and, denied the contents raised in written arguments filed on behalf of the respondents.
18. The applicants have relied upon the following judgments:-
1. CAT, Jabalpur Bench in OA No.898/2011 in the case of Sharad Athaley & Others vs. UOT & Others decided on 23.08.2018.
2. Hon'ble Apex Court in the case of Union of India & Ors. vs. Surinder Kumar Dhingra delivered on 17.07.2018.
3. Hon'ble Delhi High Court in the case of Union of India & Others vs. Surinder Kumar Dhingra in W.P. (C) 2052/2012 & C.M. No. 4471/2012 delivered on 05.09.2017.
gy YY
4. CAT, Principal Bench, New Delhi in O.A.No.3857/20160 inre: Sh.Surinder Kumar Dhingra vs. UOrT & Others decided on 24.10.2011,
5. Hon'ble Apex Court in Review Petition (C) No.865 of 2017 Union of India & Others. vs. V. Murugesan & Others delivered on 25.04.2017.
6. Hon'ble High Court of Madras in Union of india & Others vs. The Registrar, CAT, Madras Bench & Others in Writ Petition No.3528 and 3528 of 2013 dated 19.02.2013.
ds, tod OA No. 119/2012 OA No. 1206/2012 OA No. 2812/2012 DA No. 2823/2012 OA No. 302/2012
7. CAT, Madras Bench in 0.A.No.455/2011 in the case of V. Murugesan & Another vs. UOI & Others dated 07.08.2012.
8. The Hon'ble Supreme Court in the case of UOI & Others vs. K.S. Rajendra Kumar & Others in Review Petition (CC) No.2924/2016 in Special Leave Petition {(C) No.33654 of 2014 delivered on 23.08.2016.
9. Hon'ble High Court of Kerala at Ernakulam in OP (CAT) No.225 of 2011 (2) inre: UOT & Others vs.K.S. Rajendra Kumar & Others delivered on 16.07.2010.
10. CAT, Ernakulam Bench in OA.No.477 of 2009 ain the case of &.S. Ratjendrakumar 6& Others vs. UOI & Others dated 16.07.2010.
iil. Hon'ble Supreme Court in Review Petition No (C) NO.524 of 2017 in SLP (C) No.22931 of 2014 jinre: .UOI & Others vs. M. Thiyagarajan delivered on 19.04.2017.
12. Hon'ble Supreme Court in Review Petition Na {(C) NO.2137 of 2014 in SLP (C} No. 5901 o£ 2013 anre: UOI & Others vs. Shyamapada Poy & Others delivered on 03.12.2014.
13. The Hon'ble High Court of Chennai in Shyamapada Roy & Others vs. UOI & Others in WECT 224 of 2010 dated 07.12.2011.
"14. CAT, Ernakulam Bench in 0.A.No.1001/2010 Abdulla. C & Others vs. UOI & Others dated 04.10.2011, L58. CAT, Ernakulam Bench in O.A.No.1002/2010 Karunakaran A.V. & Others vs. UOl & Others dated 04.10.2011.
16. CAT, Exnakulam Bench in 0.A.No.1106/2010 K.N. Radhakrishnan & Another vs. UOT & Others dated 22.11.2011.
44. OR No. 19/2012 | OA No. 1260/2012 & oa No.gai/2o12 OS OR No. 282/2012 OA No. 302/2012
17. CAT, Ernakulam Bench in ©O.A.No.134/2012 K.S. Rajendra Kumar. & Another vs. UOT & Others dated 25.09.2012.
18. CAT, Principal Bench in. 0O.A.No.2675/2011 Shri Nathu Singh & Others vs. UOT & Others dated 31.01.2013.
i2. Hon'ble Supreme Court in the case of Government of NCT of Delhi & Another vs. Somvixr Rana (TGT ENG) & Ors. in Diary No.
- ts) .2) | 03. , sy
(s) 3663/2017 delivered on 23.03.2017 © i9. We have gone through the OAS alongwith Armnexes. We have also gone through the Reply filed on behalf of the respondents, Written arguments. filed on behalf of the respondents and written arguments filed on behalf of the applicants.
20. We have heard the learned céthsels for the applicants and the learned counsels for the @ respondents and carefully considered the fact % f circumstances, law points and rival contentions in the case.
Findings
21. Th iS an admitted fact that the applicants were initislly appointed in Loco Running Staff Cadre in the respondents department. They were initially holding the post of Fireman-I/Assistant Loco Pilot XN 4s OB No. i19/20i2 OA No.i20/2012 OA No. 281/2012 OA Ne. 282 /2012 OA No. 302/2012 and later on they were promoted to the post of Loca Pilot Goods in the pay scale of Rs.1350-2200 which was revised to R tn ~5000-80600 in the 5° Pay Commission and Rs.93 00-34, 800 (SP Bs.4200) after 6° Fay Commission. The snes maaan Staff Cadre prior to O1.021.2006 comprised to following posts namely Fireman/Assistant Loco Pilot, Senior Assistant Loco Pilot, Lece Pilot Shunting, Senior Loco Pilot Shunting, Loco Pilot Goods, Seniors Loco Pilot Goods, Loco Pilot Passenger, Senior Loco Pilot Passenger, ih Loco Filot Mail/Express. All the categories of Laco Pilot in Loce Running Staff Care are having their normal channel of promotion upto the post of Loco Fillot Mail.
22. It is stated that when an incumbent is prometed to the post of Loco Inspector from the feeder post of Loco Pilot Goods, Loco Pilot Passenger or hoco Pilot Mail, he is entitled to get benefit of pay fixation by adding 230% pay element and accordingly his basic pay is fixed in the post of Leco Inspector. This anomaly has arisen after the acceptance of implementati 'on of 6 Pay Commission.
np a AG OA No.lig/2o le OA No. 120/2012 OA No. 2812/2012 OA No. 282 /2012 OA No. 3602/2012 The Railway Board has also issued instructions RBE No.136/2008 on 24,07.2009 {Annexure A-10} to resolve this anomaly. The colleagues of the applicants, who were similarly placed sought information under RTI regarding stepping up of pay at par with the juniors due to the anomaly arisen after recommendation of 6 CPC whereas in reply the respondents have provided information vide their letter dated 19.01.2009 (Annexure A-11) the Ministry of Railways has relied upon a letter dated 61.05.2007 (Annexure A-12) and have stated that if the conditions prescribed in the aforesaid letter gets fulfilled, the senior employees would be entitled to get their pay stepped up at par with the juniors.
23. Further, the South East Central Railway (SECR) has already been extended the benefit of stepping up of pay vide order dated 13.11.2009 (Annexure A-13). The applicants have alse placed vellance on the judgments delivered by Ernakulam Bench of this Tribunal in C.A.No.1001/2010 dated Q4.10.2011 inre: Abdulla & Others vs. Union of India jt & Others and O.A.No. 1668/2010 dated G4.160.23011 inre:
XS @ 47 OA No. b19/2012 = OA No, 1260/2012 OA No. 2811/2012 OA No. 282/2012 OA No. 3502/2012 Karunakaran A.V. & Others vs. Union of India & Others and also Principal Bench of this Tribunal in O.A.No.3857/2010 dated 24.10.2011 inre: Surinder Kumar Dhingra vs. Union of India & Others. All the aforesaid OAs were allowed granting stepping up of at par with their juniors. Further, several other pay Lo) inact Railway Zones have already extended the benefit of stepping up cf pay to similarly situated persons as such the action of the respondents is a hostile discrimination and is violative of Article 14 of the Constitution of India and the impugned order is liable to be set aside. Further, Ernakulam Bench of this Tribunal has decided a policy matter and thus, the respondents are under a legal obligation to follow the same in the case of Similarly placed persons.
24, The respondents have cantended that the applicants have filed the present CAs for quashing and setting aside the impugned orders and to direct the cespondents to extend the enefits of Judgment passed by CAT Ernakulam in O.A.No.1002/2010 and 57/2010. They have prayed for stepping up of pay of Las 4n OA No. 119/2012 OA No. 1B0/3012 OA No.281/2012 OA No.242/2012 OA Ne. 2302/2012 applicants at par with their juniors with all consequential benefits. Tt is contended that the pay af the applicants who were drawing pay Rs.7i100/- in grade Rs.o500-10500 as on 62.01.1996 which has been stepped up to Rs. 7900/~ wre.f. 20.02.1996 at par with junior Shri S.EK. Sharma Chief Loco Inspector ws z r Khandwa are mot entitied for stepping up as per para, 3 {d) of Railway Board letter dated 24.07.2009, which says that stepping up of pay will be allowed only ance, Further, they have submitted that the judgments relied by the applicants of Ernakulam and Principal Bench of this Tribunal are not. helpful to the applicants and they have placed reliance on the Judgment of Hon'ble Apex Court in UOT & Others vs. O.P. Saxena reported in 1997 SC I32d4 {CA No. 8852 of i896 and others) and the OAs are devoid of any merits and deserves to be dismissed.
25. For sake 3 f3 my brevity, we consider it not necessary to incorporate the facts, findings and the ratio discussed in all the cases, referred to and relied upon on behalf of the applicants as noted ereinabove. However, a few binding precedents are pores by 49° OA No. 119/2012 OR No.120/2012 OA No. 2812/2012 OA No.282/2012 OA No. 302/2012 being referred to herein helow.
2¢é. The respondents have atrongly placed reliance an the Sudgment of Hon'ble Supreme Court in Union of India and others ws. 0.P. Saxena (C.A. No.&852 of 1996 and other cases) wherein, it was held that stepping up of senicr''s pay with reference to 2 funior's pay will not be applicable while the seniors + were promoted from Driver Grade-C to Laco Supervisor while junior was promoted from Driver Grade-A to Loco Supervisor. This judgment is net applicable to the present OAs wherein the anomaly had arisen on account of the revision of the pay scale, not on account of promotion from Driver Grade-A to Loco Supervisor. The reliance on ©.P Saxena's case (supra) py the espondents 1s misconceived. In this cannection, it is stated that they the respondents have no dispute that the applicants are the seniors and that they are now being paid far lesser than the pay being drawn by the Juniors.
By
27. The Hon'ble Swoereme Court in the case o Gurcharan Singh Grewal vs. Punjab State Electricity Board, {2009} 3 SCC 94 has observed as under:-
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+ "ed Ms hed 3 ' . * 6 CS oa] & AQ MH 3 Ml O ol 4 m Si OA No. Lig/2022 OR No. 2120/2012 OA No. 2841/2012 OR No. 2862/2012 OR No .302/2012 Abdulla & Others vs. Union of India & Others and O.A.No. 1002/2010 date oa 64.70. SC1L1L 6 6inre: Karunakaran A.V. & Others vs. Union of India & Others and alsa oo Principal Bench of this Tribunal in O.A. No. 3857/201 dated 24.10.2011 inre: Surinder Kumar Dhingra vs. Union of India & Others which are allowed by this Tribunal. The ratio in the above-said judgments/orders fully applies to the case of the applicants herein. The principle of stepping or pay + 3 has been based on the fact that no junior should draw more pay than his senior. The Co-ordinate Benches have considered the circulars of the Railway Board as well as the judgments which provide for the salutary principle that the seniors should not be paid less than their jJuniers except for valid reasons. We are in agreement with the views of the Co-ordinate Benches.
39. In view of the facts and circumstances as discussed above and considering the dacisions rendered by the Hon'ble Apex Court as well as Ca-
ordinate Benches of this Tribunal referred to herein pes above, there is no reason to arrive at a differant x a LA tt conclusion except to conclude that OAS. deserve to The Of AS ax impugned E> "Respondents Are and to pass Suitable orders pay of the applicants at and workout the arrears the be orders directed to For par with of pay and OA No.119/2012 OA Nia.
OA No. OA No. OA No) 120/2012 2801/2012 282e/2012 3902/2012 OAS are having Allowed and are hereby quashed and set aside.
reconsider stepping the Up their tuniors <4 we ap OR TIES GLLOwWeans arising oub of such stepping up be made available te e® applicants.
{iv} The applicants are also entitled ta the interest on arrears arising out of euch stepping ' up at the rate as applicable on GPF from the date when the pay of the respective junior was fixed tiil {v)}.
payment .
The aforesaid exercise completed by the respondents within four months from the date of receipt of a certified cany of this order.
31. These GAs are disposed of in the aforesaid » terms, There shall be no order as to CY ee ES { (RN stNex} MEMBER (J) eoasts.
oo (R. vigeykumdy) MEMBER (A) & es