Central Administrative Tribunal - Delhi
Shital Yadav vs Railway on 5 May, 2025
1
Item No. 19 (C-4) O.A No. 872/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 872/2024 With
M.A No. 843/2024
Reserved on : 23.04.2025
Pronounced on : 05.05.2025
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
1. Name: Shital Yadav
Group - D
Employee No. - 09514510
Age-64
Father's Name - Ram Julum Yadav
Present Address - Gram +Post - Biraul,
Thana - Khajauli, District - Madhubani,
Pin - 847228
Mobile No.8271654559
2. Name: Raj Kumar Sah
Group - D
Employee No. - 09515057
Age-64
Father's Name - Dani Lal Sah
Present Address - Gram + Post - Kamalpur,
Thana - Pandaul, District - Madhubani,
Pin - 847234
Mobile No. 7999619565
3. Name: Sury Deo Sharma
Group - D
Employee No. - 09513620
Age - 66
Father's Name - Bhola Prasad Sharma
Present Address - Gram + Post - Sukki,
Thana - Khajauli, District - Madhubani,
Pin - 847228 Mobile No. 9006462730
4. Name: Ram Shobha Yadav
Group - D
Employee No. - 019513383
Age-66
Father's Name - Jugeshwar Yadav
Present Address - At + P.O. -
2 OA No. 872/2024
Item 19 (C-4)
Biraul, Police Station - Khajauli,
District - Madhubani.
Pin No.847228.
5. Name: Ram Jatan Yadav
Group - D
Employee No. - 09515446
Age-67
Father's Name - Uttim lal Yadav
Present Address - Gram + Post - Chatra,
P.S. Khajuali, Distt. Madhubani, Pin-847228.
Mobile No. -
6. Name: Jai Kishun Yadav
Group - D
Employee No. - 091519476
Age-67
Father's Name - Ram Nandan Yadav
Present Address - Gram +Post - Biraul,
Thana - Khajauli, District - Madhubani, Pin - 847228
Mobile No. -
7. Name: Biru Lal Yadav
Group - D
Employee No. - 09520089
Age-64
Father's Name - Ram Swaroop Yadav
Present Address - Gram +Post - Biraul,
Thana - Khajauli, District - Madhubani, Pin - 847228
8. Name: Raj Lal Yadav
Group - D
Employee No. 09515203
Age - 66
Father's Name - Ram Bahadur Yadav
Present Address - Gram +Post - Biraul,
Thana - Khajauli, District - Madhubani, Pin - 847228
9. Name: Jogeshwar Yadav
Group - D
Employee No. - 09514442
Age-72
Father's Name - Ram Nandan Yadav
Present Address - Gram +Post - Biraul,
Thana - Khajauli, District - Madhubani, Pin - 847228
Mobile No. -
3 OA No. 872/2024
Item 19 (C-4)
10. Name: Ram Charitra Mahato
Group - D
Employee No. - 09519051
Age-66
Father's Name - Khatar Mahato
Present Address - House - Chhota Udwa Doonwari,
P.O. Brhampur, Thana Laukaha, District Madhubani,
Pin - 847227
11. Name: Ram Chandra Rai
Group - D
Employee No. - 09523686
Age - 68
Father's Name - Butai
Present Address - At + P.O. - Kishanpur, PS. Varis Nagar,
District - Samastipur, Pin -
12. Name: Ram Bilash Yadav
Group - D
Employee No. 09513632
Age - 63
Father's Name - Faudar Yadav
Present Address - At + P.O. - Biraul, P.S. - Khajauli,
District - Madhubani, Pin - 847228
13. Name: Jagdish Yadav
Group - D
Employee No. - 09515318
Age-66
Father's Name - Bathan Yadav
Present Address - House - Shankarpur, Post - Andhah,
P.S. Pandaul, District - Madhubani.
14. Name: Prem Lal Mandal
Group - D
Employee No. - 19518769
Age-71
Father's Name - Saryug Mandal
Present Address - At + P.O. - Singhaso, P.S. - Bisfi,
District - Madhubani, Pin- 847221
15. Name: Kusheshwar Rai
Group - D
Employee No. - 09514120
Age - 68
Father's Name - Chulai Rai
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Item 19 (C-4)
Present Address - House - Chak Siam Nagar,
P.O. Vikrampur-Bande, P.S. Mushri Gharari,
District - Samastipur, Pin-848129
Mobile No.
16. Name: Kho Khai Yadav
Group - D
Employee No. - 09518733
Age-69
Father's Name - Jeetan Yadav
Present Address - House - Inerba, P.O. Thahar,
P.S. Khajauli, Distt. - Madhubani, Pin - 847228
17. Name: Mohd. manjur
Group - D
Employee No. - 09515896
Age - 66
Father's Name - Sadiq
Present Address - Bhawanipur, V/p. Pandaul,
Distt. Madhubani, Pin - 847234
Mobile No. -
18. Name: Rasik Lal Yadav
Group - D
Employee No. - 09514995
Age-66
Father's Name - Pitamber Yadav
Present Address - House - Inerba, P.O. Thahar,
P.S. Khajauli, Distt. - Madhubani, Pin - 847228
19. Name: Laxman Yadav
Group - D
Employee No. - 09515392
Age - 69
Father's Name Manpool Yadav
Present Address - House - Ranipur, Sunderpur Beera,
P.S. Sadar, Distt. - Darbhanaga
20. Name: Visheshwar Yadav
Group - D
Employee No. - 09523819
Age-66
Father's Name - Musafir Yadav
Present Address - House - Inerba, P.O. Thahar,
P.S. Khajauli, Distt. - Madhubani, Pin - 847228
21. Name: Ganeshwar Yadav
Group - D
5 OA No. 872/2024
Item 19 (C-4)
Employee No. - 09514405
Age - 68
Father's Name - Het Lal Yadav
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
22. Name: Madan
Group - D
Employee No. - 09520076
Age-69
Father's Name - Rameshwar Yadav
Present Address - House - Deehtol, P.O. - Pandaul,
P.S. Pandaul, Distt. Madhubani Pin - 847234
23. Name: Jagarnath Yadav
Group - D
Employee No. - 09514417
Age - 70
Father's Name - Ram Sunder Yadav
Present Address - Village Deehtol, P.O. - Pandaul,
P.S. Pandaul, Distt. Madhubani Pin - 847234
24. Name: Laxmi Mandal
Group - D
Employee No. - 09518630
Age - 66
Father's Name - Kari Mandal
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
25. Name: Ram Chandra Shah
Group - D
Employee No. - 09514387
Age - 70
Father's Name - Tanuk Shah
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
Mobile No. -
26. Name: Ram Nandan Yadav
Group - D
Employee No. - 09526651
Age-66
Father's Name - Saukhi Yadav
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
27. Name:- Yadoo
Group - D
6 OA No. 872/2024
Item 19 (C-4)
Employee No. - 09514715
Age - 66
Father's Name - Palakdhari Yadav
Present Address - House- Ghirit Kundali, Post- Pandaul,
P.S. Pandaul, Distt. Madhubani Pin - 847234
28. Name: Lakhan Mahto
Group - D
Employee No. - 09512925
Age - 68
Father's Name - Banthu Mahto
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234.
29. Name: Satyanarayan Yadav
Group - D
Employee No. - 09514480
Age-68
Father's Name - Shri lal yadav
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
30. Name: Shiv Nandan Yadav
Group - D
Employee No. - 09514478
Age - 68
Father's Name - Amrit Yadav
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
31. Name:- Bharat Rai
Group - D
Employee No. - 09519233
Age-67
Father's Name - Ram Vatar Rai
Present Address - House Kamalpur, P.O. Pandaul
P.S. Pandaul, Distt. Madhubani Pin - 847234
32. Name: Maheshwar Prasad Chaupal
Group - D
Employee No. - 09515197
Age - 69
Father's Name - Avadh Pradad Chaupal
Present Address -At + P.O. - Brahmpura, P.S. Manigachi
District - Darbhanga.
33. Name: Bachchae Lal Chaudhary
Group - D
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Item 19 (C-4)
Employee No. - 09512913
Age-71
Father's Name - Ajab lal Chaudhary
Present Address - House-Shripur Hati, P.O. - Sahpur
P.S. Pandaul, District - Madhubani.
34. Name: Ajay Kumar Mandal
Group - D
Employee No. - 09514260
Age-64
Father's Name - Faujdar Mandal
Present Address - V/P Chanaur, P.S. Manigachi,
District - Darbhanga, Pin-847422.
35. Name: Bhikhari Jha
Group - D
Employee No. - 09514181
Age - 65
Father's Name - Vilat Jha
Present Address -V/P. - Bangaon Bajpatti, P.S. Bajpatti,
District - Sitamadhi.
36. Name:- Hari Mahto
Group - D
Employee No. - 09519464
Age - 64
Father's Name - Kapil Mahto
Present Address - V/P Rampur Gogli, P.S. Riga,
District - Sitamadhi.
37. Name: Anand Sah
Group - D
Employee No. - 09515458
Age-67
Father's Name - Vasudev Sah
Present Address - Home-Dhoi, P.O. Dhoi, P.S. - Sadar
District - Darbhanga.
38. Name:- Alla Udeen
Group - D
Employee No. - 09528428
Age - 66
Father's Name - Oli Ahmed
Present Address - Home-Dahaura, V/P.Dahaura,
P.S. Manigachi, District - Darbhanga.
39. Name: Islam
Group - D
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Item 19 (C-4)
Employee No. - 09513176
Age - 66
Father's Name - Mneer
Present Address - Home-Dahaura, P.O. Sakri, P.S. Manigachi,
District - Darbhanga
40. Name: Gopal Ji Sah
Group - D
Employee No. - 09514326
Age-67
Father's Name - Hazari Sah
Present Address - V/P Bangaon Bajpatti, P.S. Bajpatti
District - Sitamadhi, Pin Code - 843314.
41. Name: Tapeshwar
Group - D
Employee No. - 09514466
Age-65
Father's Name - Gorakh
Present Address - V/P Mohini Mandal, P.S. Subbi,
District - Sitamadhi, Pin-843327
42. Name: Uday Narayan
Group - D
Employee No. - 09514454
Age - 65
Father's Name - Basudev
Present Address -V/P Parsauni, P.S. Dumara,
District Sitamadhi.
43. Name: Ram Pragash Thakur
Group - D
Employee No. - 09513139
Age - 65
Father's Name - Ram Dev Thakur
Present Address - V/P Parsauni, P.S. Dumara,
District Sitamadhi.
44. Name: Yogendra Thakur
Group - D
Employee No. - 09513206
Age - 64
Father's Name - Sukh Lal Thakur
Present Address - V/P Parsauni, P.S. Dumara,
District Sitamadhi.
45. Name: Motiur Rahman
Group - D
9 OA No. 872/2024
Item 19 (C-4)
Employee No. - 09515252
Age - 66
Father's Name - Taslim
Present Address - Home - Barbari, Post - Bajpatti,
P.S. Bajpatti, District - Sitamadhi.
46. Name: Raghav
Group - D
Employee No. - 09512895
Age - 65
Father's Name - Rajendra
Present Address - V/P Khesar, P.O. Jogiara,
P.S. - Jale, District - Darbhanga.
47. Name: Ram Hriday
Group - D
Employee No. - 09575021
Age - 66
Father's Name - Vaso Shah
Present Address - V/P Khesar, P.O. Jogiara,
P.S. - Jale, District - Darbhanga
48. Name: Mohd. Jair
Group - D
Employee No. - 09525439
Age-66
Father's Name - Anul Haq
Present Address - V/P Valha Pachimtol, P.S. - Kamtaul,
District - Madhubani, Pin Code - 847304.
49. Name: Ram Sakal
Group - D
Employee No. - 09515355
Age-66
Father's Name - Kapal Sah
Present Address - V/P Khesar, P.O. - Jogiara, P.S. Jale,
District - Darbhanga.
50. Name:- Kashi Yadav
Group - D
Employee No. - 09514077
Age - 65
Father's Name - Rameshwar Yadav
Present Address - V. - Bahangra, P.O. - Meghaul, P.S. Madhubani,
District - Madhubani.
51. Name: Tani Lal Yadav
Group - D
10 OA No. 872/2024
Item 19 (C-4)
Employee No. - 09522748
Age - 66
Father's Name - Kripal Yadav
Present Address -Vilalge - Bharia Bishanpur, P.o. - Bishanpur,
P.S. - Rajnagar, District - Madhuani.
52. Name: Mohd. Maskur
Group - D
Employee No. - 09514314
Age - 66
Father's Name - Jumerati
Present Address - Vill. - Rambhadrapur, P.O. - Hayaghat
P.S. Kalyanpur, District - Samastipur.
53. Name: Mohd. Washil
Group - D
Employee No. - 09513796
Age - 69
Father's Name - Mohd. Ishaaq
Present Address - Village - Raje, P.O.- Manigachi,
P.S. - Manigachi, District - Darbhanga, Pin-847422.
54. Name: Mohd. Esha
Group - D
Employee No. - 09513243
Age - 66
Father's Name - Mohd. Hakim
Present Address -Village - Balaur, P.O.- Manigachi,
P.S. Manigachi, District - Darbhanga, Pin-847422.
55. Name: Ram Pragash Yadav
Group - D
Employee No. - 09520909
Age-67
Father's Name - Tilak Yadav
Present Address - Village - Minhai, P.O. - Meghaul,
P.S. Sakri, District - Madhubani.
56. Name: Upendra Chaupal
Group - D
Employee No. - 09575185
Age - 67
Father's Name - Negra Mali
Present Address - Raje, P.O.- Manigachi, P.S. - Manigachi,
District - Darbhanga, Pin-847222
57. Name: Jogendra Yadav
Group - D
11 OA No. 872/2024
Item 19 (C-4)
Employee No. - 09530113
Age - 68
Father's Name - Ram Kishun Yadav
Present Address -V/p - Meghaul, P.S. - Sakri,
District-Madhubani.
58. Name: Upendra Yadav
Group - D
Employee No. - 09515331
Age-66
Father's Name - Jeebachh Yadav
Present Address - Village - Bharia Vishanpur,
p.o. - Vishanpur, P.S. - Rajnagar, Distt. Madhubani.
59. Name: Ram Ashish Yadav
Group - D
Employee No. - 09513802
Age - 68
Father's Name - Prem lal Yadav
Present Address - Village - Bahengra,
P.O. - Meghaul, P.S. Sakri, District - Madhubani.
60. Name: Ram Prit Rai
Group - D
Employee No. - 04105643
Age - 72
Father's Name - Butta Rai
Present Address - Village - Ghanhar, P.o. - Waris Nagar,
P.S. Waris Nagar, District - Samastipur - 848133.
61. Name: Mujibul Rahman
Group - D
Employee No. - 09513190
Age - 70
Father's Name - Allijaan
Present Address - Vill. - Rambhadrapur,
P.O. - Ratbara Via - Hayaghat, P.S. - Kalyanpur,
District - Samastipur.
62. Name: Upendra Prasad
Group - D
Employee No. - 09520090
Age - 68
Father's Name - Bhola Yadav
Present Address - Village - Saraigarh, P.O. Kishanpur,
District - Supaul.
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Item 19 (C-4)
63. Name: Sita Ram Rai
Group - D
Employee No. - 09513474
Age-67
Father's Name - Ram Pratap Rai
Present Address -V/P-Ratanpur Post - Kisanpur,
P.S. - Waris Nagar, District - Samastipur
64. Name: - Muneshwar
Group - D
Employee No. - 09514979
Age - 76
Father's Name - Nuza
Present Address - V/P Kisanpur,
P.S. Waris Nagar, District - Samastipur.
65. Name: Viveka Nand Pandey
Group - D
Employee No. - 09523662
Age-64
Father's Name - Raghuvansh Pandey
Present Address - Village - Hazpurwa, Post - Khusia,
P.S. Waris Nagar, District - Samastipur.
66. Name: Ramesh Yadav
Group - D
Employee No. - 09526675
Age-67
Father's Name - Gonar Yadav
Present Address - V/P Gohi, P.S. - Waris Nagar,
District - Samastipur.
67. Name: Ram Pratap
Group - D
Employee No. - 09513693
Age-67
Father's Name - Ram Sharan Rai
Present Address - V/P Dubarbanna, P.S. - Waris Nagar,
District - Samastipur.
68. Name- Hari Yadav
Group - D
Employee No. - 23007058
Age-66
Father's Name - Bachha Yadav
Present Address - Vil. - Sonwari,
Post - Bharia Bishanpur,
P.S. Rajnagar, District - Madhubani.
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Item 19 (C-4)
69. Name: - Salamat
Group - D
Employee No. - 09513942
Age-67
Father's Name - Enul
Present Address -Village - Dhanuki, Post-Sakri, P.S. Sakri,
District - Madhubani - 847234.
70. Name: Autar Rahman
Group - D
Employee No. - 09512883
Age-67
Father's Name - Sahadat Hussain
Present Address - V/P Adlapur Bhay Muria,
P.S. - Sadar,
District - Darbhanga - 847115.
71. Name: Ram Prasad Yadav
Group - D
Employee No. - 09514235
Age-65
Father's Name - Yugeshwar Yaa
Present Address - V/P - Kanhauli, P.S. Manigachi
District - Darbhanga - 847239
72. Name: Surendra Jha
Group - D
Employee No. - 09513577
Age - 65
Father's Name - Harihar Jha
Present Address - V/P- Larua, Via - Purushotamur,
District - Samastipur.
73. Name: Mohd. Allauddin
Group - D
Employee No. - 09519440
Age - 65
Father's Name - Mohd. Nasir
Present Address Village Mohan Badhiyaam, Post
Sakri
P.S. Sakri, District - Madhubani -847234.
74. Name: -Sirajull Bux
Group - D
Employee No. - 09513012
Age - 67
Father's Name - Safayat Alee
14 OA No. 872/2024
Item 19 (C-4)
Present Address - Vill. - Rambhadrapur,
P.O. - Ratbara, via - Hayaghat, P.S. - Kalyanpur,
District - Samastipur.
75. Name: Narayan
Group - D
Employee No. - 09513840
Age-67
Father's Name - Bhaglu Rai
Present Address - V/P - Kisanpur,
P.S. Waris Nagar, District - Samastipur
76. Name: Ram Sharan Yadav
Group - D
Employee No. - 09513668
Age-67
Father's Name - Soman Yadav
Present Address - V/P Sonwari,
P.S. - Rajnagar, District - Madhubani.
77. Name:- Ramshresht Yadav
Group - D
Employee No. 09513152
Age - 68
Father's Name - Mitoo Lal Yadav
Present Address - Village - Milki, Post - Patola,
P.S. - Kamtaul, District - Darbhanga - 847304.
78. Name: Bir Bansh Singh
Group - D
Employee No.-21001786
Age - 65
Father's Name - Saryu Singh
Present Address - V/P bangaon Bajpatti,
P.S. - Bajpatti, District - Sitamadhi - 843314
79. Name: Bashishta Thakur
Group - D
Employee No. - 09514247
Age-66
Father's Name - Ramji thakur
Present Address - Village - Jhazihat, P.S. Pupri,
District - Sitamadhi, Pin 843320
80. Name : Sirazul
Group - D
Employee No. - 09515496
15 OA No. 872/2024
Item 19 (C-4)
Age - 69
Father's Name - Eshakh
Present Address -Village - Balaur, P.O.- Manigachi
P.S. Manigachi, District - Darbhanga, Pin-847422.
81. Name: Bisheshwar Yadav
Group - D
Employee No. - 09512974
Age - 68
Father's Name - Fuleshwar Yadav
Present Address - Enerba, P.O. Thahar, P.S. Khajauli,
Distt. - Madhubani, Pin - 847228
82. Name:- Bindesta
Group - D
Employee No. - 0951540
Age-66
Father's Name - Bhikhan
Present Address - Bachtiarpur Post Pupri,
P.S. Pupri, District Sitamadhi - 843320.
83. Name: Ram Naresh Rai
Group - D
Employee No. - 0952260
Age-67
Father's Name - Dukha Rai
Present Address - Village_Dhrugama, Post Kalyanpur,
District - Samastipur.
84. Name: Ram Prit Yartlaw
Group - D
Employee No. - 095135411
Age - 65
Father's Name Bhikhat Yadav
Present Address Village -Somwari,
Post- Bharia Bishanpur,
P.S. Rajnagar, Distridt-Madhubanit
85. Name: Amresh Maitaraj
Group - D
Employee No. - 09520015
Age-66
Father's Name - Sukhdev Maharaj
Present Address - Village_Atapur, Post - Nakuni
P.S. - Hasanrad, district - Samastipur.
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Item 19 (C-4)
86. Name: Shraban Thakur
Group - D
Employee No. - 09514193
Age - 66
Father's Name - Ramji Thakur
Present Address - V/P.Dahaura,
P.S.-Manigachi, District - Darbhanga.
87. Name: Shatrughan Rai
Group - D
Employee No. - 09519324
Age-67
Father's Name - Tejan Rai
Present Address - Village - Vajitpur, Post - Satanpur,
P.S. Ujjiyarpur, District Samastipur-848132
88. Name:
Bipin
Group - D
Employee No. - 09514090
Age - 70
Father's Name -Satya Narayan Singh
Present Address - V/P - Jhorja, P.S. - Baheri,
District - Darbhanga.
89. Name: Rajendra yadav
Group - D
Employee No. - 09526640
Age-66
Father's Name - Uttim Yadav
Present Address - Village - Dahaura, Post - Sakri
P.S. Manigachi, District - Darbhanga.
90. Name: Raghubir Yadav
Group - D
Employee No. - 09514983
Age-67
Father's Name - Ramdheen Yadav
Present Address - Parsahi, Post Korahia
District - Madhubani, Pin - 847422
91. Name: - Muslim
Group - D
Employee No. - 09515008
Age - 65
Father's Name - Fagtuddin,
Present Address Village Balaur, P.O.- Manigachi,
P.S. Manigachi, District-Darbhanga, Pin-847422
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92. Name: Manjoor
Group - D
Employee No.-095156
Age-66
Father's Name - Ishaz
Present Address - Village Balaur, P.O.- Manigachi,
P.S. Manigachi, District-Darbhanga, Pin-847422
93. Name: Ram Chandra
Group - D
Employee No. - 09514727
Age-66
Father's Name - Roop Lal
Present Address - Vii.- Sonwari, Post - Bharia Bishanpur,
P.S. Rajnagar, District-Madhubani
94. Name: - Damodar Rai
Group - D
Employee No. 09527570
Age-67
Father's Name - Charitra Rai
Present Address - Village Dobarbna, Post - Kisanpur,
P.S. - Waris Nagar, District Samastipur, Pin-848301.
95. Name: Ram Ekbal
Group - D
Employee No. - 09525567
Age - 66
Father's Name - Dhanush Thakur
Present Address - V/P. - Bangaon Bajpatti, P.S. Bajpatti,
District - Sitamadhi, Pin - 843314
96. Name:- Yusuf
Group - D
Employee No. - 09514041
Age-70
Father's Name - Nwab
Present Address - Village - Balaur, P.O.- Manigachi,
P.S. - Manigachi, District - Darbhanga, Pin - 847422
97. Name: Ram Bujhaman
Group - D
Employee No. - 09518241
Age - 69
Father's Name - Raodi Yadav
Present Address - Village - Minhai, P.O. - Meghaul,
P.S. Sakri, District - Madhubani
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98. Name: Ram Deo Rai
Group - D
Employee No. - 09521010
Age - 68
Father's Name - Ram Sewak Rai
Present Address - Vill. - Ratanpur Post - Kisanpur,
P.S. - Waris Nagar, District - Samastipur
99. Name: Ram Baran Mahto
Group - D
Employee No. - 09515320
Age - 65
Father's Name - Sukhi Chand Mahto
Present Address - Village - Suratpur, PO - Chhatauna,
P.S. Samastipur, District Samastipur, Pin - 848134.
100. Name: Salamat
Group - D
Employee No. - 09513772
Age-67
Father's Name - Amir Kujra
Present Address - Village - Bhawanipur, Post - Pandaul,
P.S. - Sakri, District - Madhubani.
101. Name: Liyakat
Group - D
Employee No. 09513954
Age-67
Father's Name - Armir Kujra
Present Address - Village - Balaur, P.O.- Manigachi,
P.S. Manigachi, District - Darbhanga, Pin-847422
102. Name: Jagdish Shah
Group - D
Employee No. 09522669
Age-67
Father's Name - Jeewach Shah
Present Address - Bara Chowk, Surat Ganj, Ward No. 17,
Distt. Madhubani, Pin-847211.
103. Name: Anand Kumar Thakur
Group - D
Employee No. - 09522645
Age - 66
Father's Name - Krit Narayan Thakur
Present Address - V/P-Kaithiniya, Post Jhanjharpur,
District Madhubani.
19 OA No. 872/2024
Item 19 (C-4)
104. Name: Mithilesh Kumar Das
Group - D
Employee No. - 09514259
Age - 66
Father's Name - Satya Narayan Lal Dass
Present Address - V/P-Ujjain, Post Lohna Road,
Distritct - Darbahnga.
105. Name: Nagendra Jha
Group - D
Employee No. - 09518654
Age - 68
Father's Name - Surya Narayan Jha
Present Address - Village - Behat Uttri, Post - Jhajharpur,
P.S. - Lakhnour, District - Madhuabni.
106. Name: Lakhan Chaupal
Group - D
Employee No. 0951388
Age-67
Father's Name - Jolly Chaupal
Present Address - Village - Kathiyana, Post Jhanjharpur,
P.S. Lakhnour, District - Madhubani.
107. Name: Ramakant Yadav
Group - D
Employee No. 09520041
Age-65
Father's Name - Ujav Yadav
Present Address - Village - Ranipur, PO - Bushkaul,
P.S. Sadar, District - Darbhanga, Pin Code - 846007
108. Name: Yogendra Yadav
Group - D
Employee No. - 09528441
Age - 66
Father's Name - Dhanushi Yadav
Present Address - V/P Ghosaghat, Post - Lalbagh,
P.S. Sadar, District - Darbahnga.
109. Name: Satyanarain
Group - D
Employee No. 09513097
Age - 67
Father's Name - Muneshwar
Present Address - Village - Milki, Post - Tataila,
P.S. - Kamtaul, District - Darbhanga.
20 OA No. 872/2024
Item 19 (C-4)
110. Name: Shri Kant Yadav
Group - D
Employee No. 09513619
Age - 66
Father's Name - Bunny Yadav
Present Address - Village - Shankarpur,
Post Andeh P.S. Pandaul, District Madhubani
Pin - 847234
111. Name: Dipan Shah
Group - D
Employee No. - 09515460
Age-69
Father's Name - Niranjan Shah
Present Address - Village - Kesar, Post - Jogiyara, P.S. Jale,
Distt. Darbhanga, Pin-847303.
112. Name:- Sitaram
Group - D
Employee No. 09522682
Age-68
Father's Name - Ram Phal
Present Address - Village Khesar, P.O. Jogiara, P.S. - Jale,
District - Darbhanga
113. Name: Bachhe Lal Yadav
Group - D
Employee No. - 09519518
Age-64
Father's Name - Lal Ji Yadav
Present Address - Village - Biraul, P.S. - Khajuali,
District - Madhubani.
114. Name: Ras lal Yadav
Group - D
Employee No. 09512937
Age - 65
Father's Name - Ram Prasad Yadav
Present Address - Village - Biraul, P.S. - Khajuali,
District - Madhubani.
115. Name Sathoo Shah
Group - D
Employee No. 09520107
Age-66
Father's Name - Ram Berichh Shah
Present Address - V/P. - Bangaon Bajpatti, P.S. Bajpatti,
District - Sitamadhi, Pin-843314
21 OA No. 872/2024
Item 19 (C-4)
116. Name: Prabit Yadav
Group - D
Employee No. 09515094
Age - 66
Father's Name Jagai Yadav
Present Address - Village - Meghoul, Post - Meghaul,
P.S. Pandaul, District - Madhubani.
117. Name: Khalil
Group - D
Employee No. -09519312
Age-69
Father's Name - Buchhi
Present Address - Village - Balaur, P.O.- Manigachi,
P.S. - Manigachi, District - Darbhanga, Pin-847422
118. Name: Vijay
Group - D
Employee No.09514351
Age-66
Father's Name - Mahanth
Present Address - V/P Mohini Mandal, P.S. Supi,
District - Sitamadhi, Pin-843327
119. Name: Ganga
Group - D
Employee No. -09512901
Age-66
Father's Name - Banwari
Present Address - Village - Milki, Post - Tataila,
P.S. - Kamtaul, District - Darbhanga - 847304
120. Name: Majrul
Group - D
Employee No. 095427
Age-65
Father's Name - Sadik
Present Address - Village-Bakhri, P.S. Bajpatti,
District-Sitamadhi, Plim-843314
121. Name: Ram Prasad
Group - D
Employee No. 095150
Age-67
Father's Name - Jagar Nath
Present Address - Village - Khesar, Post - Jogiyara,
P.S. Jale, Distt. Darbhanga, Pin - 847303
22 OA No. 872/2024
Item 19 (C-4)
122. Name: Ram Chandra
Group - D
Employee No. - 09515471
Age-67
Father's Name Bal Chandra
Present Address - Village - Khesar, Post - Jogiyara,
P.S. Jale, Distt. Darbhanga, Pin - 847303
123. Name : Safik
Group - D
Employee No. 0951385
Age-67
Father's Name - Sadit
Present Address - Village - Balaur, P.O.- Manigachi,
P.S. Manigachi, District-Darbhanga, Pin - 847741.
124. Name: Mohd. Gular
Group - D
Employee No. 09514491
Age-67
Father's Name - Ishmile
Present Address - Village - Dahaura, Post Sakri
P.S. Manigachhi, district - Darbhanga, Pin - 847239
125. Name: Madan Mohan lal
Group - D
Employee No. 09515434
Age-69
Father's Name - Dev Narayan Lal
Present Address House No. 432, Jaitpur,
Extention Part-1, Badarpur, New Delhi, Jaitpur,
South Delhi.
126. Name: Raj Dev Yadav
Group - D
Employee No. - 09513760
Age-65
Father's Name - Shyam Yadaw
Present Address - At + P.O. - Braul,
Police Station Khajauli, District - Madhubani.
Pin No.847228.
127.Name: Garib Shah
Group - D
Employee No. 09514119
Age-71
Father's Name - Ram Prasad Shah
Present Address Village Seema, Post Kapleshwar Place
P.S. Rahika, District - Madhubani - 8447238.
23 OA No. 872/2024
Item 19 (C-4)
128. Name: Bhikhari
Group - D
Employee No. - 09519208
Age-66
Father's Name - Badri
Present Address - V/P Mohini Mandal, Taliya Dubha,
Ward No. 10, Disrict - Sitamadhi, Pin - 843327
129. Name: Nand Lal Sah
Group - D
Employee No. 09519385
Age-66
Father's Name - Bathu Sah
Present Address - at + PO Mohini Mandal, Taliya Dubha,
P.S. Suppi, District - Sitamadhi, Pin - 843327
130. Name: Tigan
Group - D
Employee No. -09515367
Age-65
Father's Name - Bhola
Present Address at + PO Mohini Mandal, Taliya Dubha,
P.S. Suppi, Dis rict - Sitamadhi, Pin - 843327
131. Name : Basdeo
Group - D
Employee No. -09513024
Age-72
Father's Name - Manchit
Present Address at + PO Jhajhihat, P.S. Pupri,
District - Sitamadhi, Pin-843320.
132. Name: Shankar Sah
Group - D
Employee No. -09520053
Age - 66
Father's Name - Suba Lal Sah
Present Address - At + PO Mohani Mandal, P.S. Suppyi,
District Sitamardhi, Pin-843327.
133. Name: Islam
Group :D
Employee Id: 09514132
Age: 67 Yrs.
Father's Name : Late Noor Mohammad
Present Address: Vill Bodrahi, P.O Sonre,
P.S. - Lakhnor
Distt. - Madhubani, Bihar - 847410
24 OA No. 872/2024
Item 19 (C-4)
134. Name: Ashok kumar Shing
Group : D
Employee Id :09513735
Age: 67 Yrs.
Father's Name: Late Baleshwar Shing
Present Address: Vill Chagantoli, P.O - Kolam,
P.S. Kalyanpur Distt. Samastipur, Bihar - 847301
135. Name : Md Usman Ansari
Group :D
Employee Id :09514892
Age: 67 Yrs.
Father's Name:
Late - Ismail
Present Address: Vill - Bhmarupur, P.O - Mohanpur,
P.S. Samastipur Distt. -Samastipur, Bihar - 848101
136. Name : Ram Narayan Yadav
Group :D
Employee Id :09514867
Age:65 Yrs.
Father's Name:
Late Chhulhai Yadav
Present Address : Vill- Bishariya, P.O - Chikna,
P.S. Ghoghardiha Distt. - Madhubani, Bihar - 847402
137. Name : Motilal Yadav
Group :D
Employee Id :09513231
Age: 56 Yrs.
Father's Name: Late Jakhlal Yadav
Present Address: Vill - Bishariya, P.O - Chikna,
P.S. -Ghoghardiha Distt. - Madhubani, Bihar - 847402
138. Name: Ram Prasad
Group :D
Employee Id :09518708
Age: 68 Yrs.
Father's Name : Late - Molha
Present Address: Vill - Bishariya, P.O - Chikna,
P.S. -Ghoghardiha Distt. - Madhubani, Bihar - 847402
139. Name : Ram Sundar Yadav
Group :D
Employee Id :09513413
Age: 67 Yrs.
Father's Name : Late Gultain
Present Address : Vill-Bishariya, P.O - Chikna,
P.S-Ghoghardiha, Distt. - Madhubani, Bihar - 847402
25 OA No. 872/2024
Item 19 (C-4)
140. Name: Ram Babu,
Group :D
Employee Id :09515227
Age : 67 Yrs.
Father's Name : Late Molha
Present Address: Vill - Bishariya, P.O- Chikna,
P.S. Ghoghardiha, Distt. - Madhubani, Bihar-847402
141. Name Lakhan Yadav
Group :D
Employee Id :09514971
Age : 68 Yrs.
Father's Name : Late-Subalal Yadav
Present Address: Vill - Bishariya, P.D - Chikna,
P.S. -Ghoghardiha Distt. - Madhubani, Bihar-847402
142. Name: Yadubir Das
Group :D
Employee Id :09513267
Age : 67 Yrs.
Father's Name: Late Foodar Das
Present Address : Vill - Harari, P.O - Harari,
P.S. -Rodarpu Distt. - Madhubani, Bihar - 847404
143. Name: Mahindar Chowdhary
Group :D
Employee Id :09514909
Age : 67 Yrs.
Father's Name : Late Gujjan Chowdhary
Present Address: Vill - Shankariyadih, P.O - Sonre,
P.S. Lakhno Distt. - Madhubani, Bihar - 847410
144. Name: Ram Phal Thakur
Group :D
Employee Id :09513991
Age: 68 Yrs.
Father's Name : Late Santu Thakur
Present Address: Vill - Bishariya, P.O - Chikna,
P.S. - Ghoghardiha Distt. - Madhubani, Bihar - 847402
145. Name : Manik Lal Yadav
Group :D
Employee Id :09513279
Age: 67 Yrs.
Father's Name : Late Bhogi lal Yadav
Present Address : Vill-Basuari, P.O - Basuari,
P.S. Basuari Distt. Madhubani, Bihar - 847402
26 OA No. 872/2024
Item 19 (C-4)
146. Name: Chandeswar Katwe
Group :D
Employee Id :09515379
Age: 67 Yrs.
Father's Name : Late Ghuran
Present Address: Vill - Bishariya, P.O - Chikna,
P.S. Ghoghardiha Distt. - Madhubani, Bihar - 847402
147. Name: Binod Shing
Group :D
Employee Id :09519282
Age: 67 Yrs.
Father's Name : Late-Amrit Shing
Present Address: Vill - Kachwi, P.O - Kachwi, P.S.
Lakhnor Distt. - Madhubani, Bihar - 847410
148. Name: Laxmi Mahto
Group :D
Employee Id :09518289
Age : 67 Yrs.
Father's Name : Late Thakko Mahto
Present Address: Vill Tulsiya, P.O- Harbahnga,
P.S. - Lakhnor Distt. - Madhubani, Bihar - 847403
149. Name: Rameswar Yadav
Group :D
Employee Id :09513486
Age: 67 Yrs.
Father's Name : Late Shukhlal Yadav
Present Address : Vil-Bishariya, P.O - Chikna,
P.S. - Ghoghardiha Distt.
Madhubani, Bihar - 847402
150. Name : Bilat
Group :D
Employee Id :09518782
Age: 72 Yrs.
Father's Name : Late-Md Nawizan
Present Address: Vill - Rajy, P.O - Manigachi,
P.S. - Manigachi Distt. Dharbhanga, Bihar - 847422
151. Name : Md Abbas
Group: D
Employee Id :0951-4831
Age: 66 Yrs.
Father's Name : Late Sahmad Ali
Present Address : Vil-Nemua, P.O - Sonre,
P.S. - Lakhnor Distt. Madhubani, Bihar - 847410
27 OA No. 872/2024
Item 19 (C-4)
152. Name: Md Yasin
Group : D
Employee Id : 0953
Age: 67 Yrs.
Father's Name : Late Munshi Mia
Present Address : Wili-Barhara, P.O - Barhara,
P.S. - Andharathari Distt.
Mauftulbani, Bihar - 847401
153. Name : Ulfat
Group :D
Employee Id : 09521239
Age : 69 Yrs.
Father's Name : Late-Lalhai
Present Address: Vill - Bodai Taleteghra, P.O - sonre,
P.S. - Lakhnor, Distt. - Madhubani, Bihar - 847410
154. Name : Nbud
Group :D
Employee Id :09515161
Age: 69 Yrs.
Father's Name: Late Butey
Present Address : Vill-Kachawi, P.O - Kachawi,
P.S. - Lakhnor Distt. - Madhubani, Bihar - 847410
155. Name : Muslim
Group :D
Employee Id :09513723
Age: 64 Yrs.
Father's Name : Late Ismail Kujra
Present Address: Vill - Kachawi, P.O - Kachawi,
P.S. -Lakhnor Distt. Madhubani, Bihar - 847410
156. Name : Madhu
Group :D
Employee Id :09514960
Age: 67 Yrs.
Father's Name : Late Panchu
Present Address: Vill - Bathnaha, P.O - Tumariya,
P.S. - lakhnor Distt. Madhubani, Bihar - 847410
157. Name : Jagdeo Sah
Group :D
Employee Id:09513747
Age: 67 Yrs.
Father's Name : Late Achak Sah
Present Address: Vill Bathnaha, P.O Tumariya,
P.S. lakhnor Distt. Madhubani, Bihar - 847410
28 OA No. 872/2024
Item 19 (C-4)
158. Name: Chouthi Mukhiya
Group :D
Employee Id :09515136
Age: 70 Yrs.
Father's Name : Late Buchar Mukhiya
Present Address: Vill - Kachawi, P.O - Kachawi,
P.S. -Lakhnor Distt. - Madhubani, Bihar - 847410
159. Name: Abbas Ahmad
Group :D
Employee Id :09518770
Age : 71 Yrs.
Father's Name : Late-Md Musai
Present Address: Vill- Machhidhi, P.O - Sukhet,
P.S. - Jhan Jharpur
Distt. Madhubani, Bihar-847404
160. Name: Kadir Muhammd
Group :D
Employee Id :09512986
Age : 66 Yrs.
Father's Name: Late Bhola Mohammad
Present Address : MI-Machhadi, P.O-Sukhet, P.S.
Jhanjharpur Distt. Madhubani, Bihar - 847404
161. Name: Sita Ram Mahato
Group :D
Employee Id :09515215
Age : 68 Yrs.
Father's Name : Late Boyalal Mahato
Present Address: Vill-Maheshpura, P.O - Jhan Jharpur,
P.S. Jhan Jharpur, Distt. - Madhubani, Bihar - 847404
162. Name : Md Muskil
Group :D
Employee Id :09514661
Age : 68 Yrs.
Father's Name : Late-Abdul Hamid
Present Address : Vill - Rebari, P.O - Chauramarail,
P.S. Jhan Jharpur, Distt. - Madhubani, Bihar - 847404
163. Name: Chet Narayan Yadav
Group :D
Employee Id :09514170
Age : 74 Yrs.
Father's Name : Late Ramsorop Yadav
Present Address : Vill-Thattatol, P.O-Dumra,
P.S.-Roudhapur, Distt. - Madhubani, Bihar - 847411
29 OA No. 872/2024
Item 19 (C-4)
164. Name: Mahannad Yadav
Group :D
Employee Id :09514739
Age: 71 Yrs.
Father's Name : Late Janki Yadav
Present Address: Vill-Thattatol, P.O-Dumra,
P.S.-Roudhapur Distt. - Madhubani, Bihar - 847411
165. Name: Chulhai Panjiar
Group : D
Employee Id : 09518710
Age : 66 Yrs.
Father's Name : Late - Santu Panjiar
Present Address : Vill-Bishariya, P.O - Chikna,
P.S. Ghoghardiha, Distt. - Madhubani, Bihar - 847402
166. Name: Brahdeo Yadav
Group: D
Employee Id : 09513085
Age : 66 Yrs.
Father's Name : Late Jagdeshwar Yadav
Present Address : Vill-Bishariya, P.O - Chikna,
P.S. Ghoghardiha Distt. - Madhubani, Bihar - 847402
167. Name: Hari Prasad
Group :D
Employee Id :09513395
Age : 66 Yrs.
Father's Name : Late Bindeshwar
Present Address : Vill-Bishariya, P.O - Chikna,
P.S. Ghoghardiha Distt. Madhubani, Bihar - 847402
168. Name: Ram Prasad Yadav
Group :D
Employee Id :09513664
Age : 67 Yrs.
Father's Name : Late-Nathuni Yadav
Present Address:
Vill - Bishariya, P.O - Chikna, P.S. - Ghoghardiha
Distt. - Madhubani, Bihar - 847402
169. Name : Majloom
Group :D
Employee Id :09522736
Age: 70 Yrs.
Father's Name: Late Md Riyasat
Present Address : Vill -Harri P.O -Harri, P.S. Rudharpur
Distt. - Madhubani, Bihar - 847404
30 OA No. 872/2024
Item 19 (C-4)
170. Name : Razindar Bhandari
Group :D
Employee Id :09519038
Age : 74 Yrs.
Father's Name : Late Shiv sundar Bhandari
Present Address : Vill-Thari, P.O-Andharatoli, P.S. -
Andharatol Distt. - Madhubani, Bihar 847401
171. Name: Ghuran Kamat
Group :D
Employee Id :09523613
Age : 68 Yrs.
Father's Name : Late-Laxmi Lal Kamat
Present Address : Vill - Bathnaha, P.O - Tamuriya, P.S. - Lakhnor
Distt. Madhubani, Bihar - 847410
172. Name : Abdul Rajak
Group :D
Employee Id : 09515082
Age : 68 Yrs.
Father's Name : Late Mohammad Nadaf
Present Address : Vill-Bodrahi, P.O-Sonre,
P.S. Lakhnor Distt. - Madhubani, Bihar - 847410
173. Name : Mahindar Brhi
Group :D
Employee Id :09518253
Age : 74 Yrs.
Father's Name : Late Subdi Barhi
Present Address: Vill-Joy Patti, P.O-Keotna,
P.S. -Goghandiha Distt. - Madhubani, Bihar - 847402
174. Name : Inar Lal Mandal
Group :D
Employee Id :09516384
Age: 68 Yrs.
Father's Name : Late Kaulu Mandal
Present Address: Vill - Joy Patti, P.O - Keotna,
P.S. -Ghoghardiha Distt. - Madhubani, Bihar - 847402
175. Name: Satrudhan Roy
Group :D
Employee Id :09521252
Age: 66 Yrs.
Father's Name : Late Jadhu Roy
Present Address: Vill-Madhopur, P.O-Kisanpur,
P.S. - Samastipur
Distt. Samastipur, Bihar - 848301
31 OA No. 872/2024
Item 19 (C-4)
176. Name: Ram Binod Roy
Group :D
Employee Id :09516372
Age 68 Yrs.
Father's Name : Late Ravi Roy
Present Address: Vill - Dhanhar, P.O-Warishnagar,
P.S. Samastipur, Distt. - Samastipur,
Bihar - 848133 ...Applicants
(By Advocate : Ms. Ankita Patnaik)
VERSUS
1. UNION OF INDIA,
THROUGH SECRETARY,
MINISTRY OF RAILWAYS
RAIL BHAWAN, 256-A, RAISINA ROAD
CENTRAL SECRETARIAT
NEW DELHI-110001
2. UNION OF INDIA
THROUGH SECRETARY
MINISTRY OF PERSONNEL, PUBLIC
GREIVANCES & PENSIONS,
DEPARTMENT OF PENSION AND
PENSIONER'S WELFARE LOK NAYAK BHAWAN,
KHAN MARKET, NEW DELHI-110011 .....Respondents
(By Advocate : Mr. Ronak Karanpuria)
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A):
M.A No. 843/2024 :-
The present M.A filed by the applicants for joining together in a single OA stands allowed for the reasons mentioned therein.
O.A No. 872/2024 :-
This is the second round of litigation. The instant OA has been 32 OA No. 872/2024 Item 19 (C-4) filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"A. Quash all orders passed by the Respondents whereby the Applicants' request for extending the benefit of the Old Pension Scheme has been rejected.
B. Direct the Respondents to extend the benefits of the Old Pension scheme to the Applicants, which scheme has been extended to many other similarly placed candidates selected against the vacancies notified prior to 22.12.2023 in accordance with OM dated 03.03.2023."
2. The factual matrix of the case as per the counsel of the applicants is that they have been working for the last so many years on various Group 'D' posts as Casual workers under Indian Railways and had been screened for regularisation way back in the year 1982. However, the panel prepared for the said post could be published only on 31.10.1988 and vide the panel prepared of the earlier years i.e., from 1987 to 1997 various juniors to the applicants were absorbed before them. Aggrieved by the said action of the respondents to absorb juniors prior to them, the applicants approached this Tribunal vide OA No. 250/1998 and batch which were allowed vide order dated 15.05.2001 after considering the rival contentions wherein the respondents made a statement before the Bench that 'in the Railway Budget for 1996-97, the decision was taken to regularise all 56000 casual labours who were on Railway rolls as on 30.04.1996 by 1997-
98. The same was notified also by the respondents on 03.09.1996. Also the respondents admitted that some casual labourers were 33 OA No. 872/2024 Item 19 (C-4) absorbed prior to the applicants. Counsel for the applicants drew our attention to the order of the Tribunal wherein it has been observed that the vacancies against which the applicants were absorbed were notified way back in April, 1996. However, despite the order of the Tribunal they could not be regularised and their appointment were further delayed and could be made only in the year 2006 due to which they were denied Old Pension Scheme (OPS) which was implemented w.e.f. January, 2004. Moreover, since the respondents failed to grant the benefit of OPS to the applicants appointed against the vacancies notified prior to 22.12.2003 (the date when the new Contributory Pension Scheme was notified), they preferred representations also which were rejected by the respondents. Hence to ventilate their grievance the applicants are again before us vide the instant OA.
3. The counsel of the applicants argued vehemently on the following grounds :-
"A) The respondents have arbitrarily rejected the representations submitted by the Applicants for extending the benefits of the Old Pension Scheme in accordance with CCS (Pension) Rules, 1972, in total disregard to the fact that the Applicants had been appointed to various posts/vacancies notified prior to 22.12.2003 i.e., before the New Pension Scheme was implemented.
B) The applicants herein are appointed/recruited against vacancies notified/advertised prior to 22.12.2003, which is evident from a perusal of the judgment dated 15.05.2001 passed by this Hon'ble Tribunal in OA No.250/1998 and connected matters filed by the Applicant, that the vacancies against which the Applicants herein were absorbed was notified way back in April 1996, despite which they were not absorbed by the Respondents, and the same was done 34 OA No. 872/2024 Item 19 (C-4) against posts notified in April 1996, only after directions were passed by this Hon'ble Tribunal vide judgment dated 15.05.2001 and thereafter the appointments were further delayed by the Respondents and were made only in 2006.
(C) The panel for causal workers thus screened was published only on 31.10.1988. It is submitted that the in accordance with the panel prepared from the year 1987 until 1997, a number of casual workers like the Applicants were absorbed according to their seniority but apart from that approx. 43 casual workers junior to the Applicants were also absorbed by the Respondents in the most arbitrary manner before the Applicants could be absorbed, against the panel of vacancies created way back in 1988.
It is also pertinent to mention that a perusal of letter dated 31.10.1988 will clearly show that it was directed therein as immediate steps should be taken to finalize the appointment, despite which the Applicants herein were appointed only in 2006.
(D) Once the Respondents have themselves extended the benefit of OPS to batchmates/juniors of the Applicants and so the said benefit ought to be extended to the Applicants as well.
(E) Respondent No. 2 has recently issued an OM dated 17.02.2020 which states various categories, wherein if the personnel falls under any of those categories, he or she shall be eligible for the grant of the benefits of the OPS, however, despite the fact that the Hon'ble High Court of Delhi, before the release of this OM dated 17.02.2020, had already held in the judgment dated 09.04.2019 passed in Shyam Kumar Choudhary & Ors. v. UOI &Ors., being W.P.C No. 1358/2017, which order has also been upheld by the Hon'ble Supreme Court vide order dated 27.09.2019 passed by the Hon'ble Supreme Court in SLP Diary No. 31539/2019 and then again vide order dated 13.12.2019 passed by this Hon'ble Court in W.P.(C) No. 13129/2019, titled Niraj Kumar Singh and Ors. v. UOI & Ors, that where the notification for recruitment was issued before 01.01.2004 but the petitioners therein had joined in 2004, i.e, after the NPS had been implemented, such personnels ought to be granted the benefits of OPS, Respondent No. 2 had failed to specify this category of personnels in the OM dated 17.02.2020, which action of the Respondents is contemptuous and in total defiance of the orders passed by the Hon'ble High Court of Delhi and is thus liable to be set aside.
35 OA No. 872/2024Item 19 (C-4) (F) The Ministry of Finance, vide its OM dated 09.08.2021 has recently recommended to Respondent No. 2 that DOPT may take a call on excluding the employees whose recruitment advertisement was issued on or before 31.12.2003 from the purview of NPS and cover them under OPS.
(G) Despite various orders being passe by the Hon'ble high Court of Delhi when the Respondents were extending the benefit of OPS to personnels appointed purusuant to notification issue prior to 22.12.2003, a batch of almost 10000 personnels once again approached the Hon'ble High Court of Delhi wherein the Hon'ble High Court of Delhi vide its judgment dated 11.01.2023, allowing a batch of 98 petitions once again reiterated that if the notification was issued prior to the date of which NPS was introduced, OPS ought to be granted.
(H) After the judgment date 11.01.2023 that was passed by the Hon'ble High Court that the DOPT, vide it's OM dated 03.03.2023 finally laid down instructions whereby it was stated that-
"....4. ....It has now been decided that, in all cases where the Central government Civil Employee has been appointed against a post or vacancy which was advertised or notified for recruitment/appointment, prior to the date of notification for National Pension System, i.e,, 22.12.2003 and is covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS (Pension) Rules, 1972 (now 2021)....."
(I) Pursuant to notification date 03.03.2023, a number of personnels, including the Applicants exercised their option to be granted the benefits of the Old Pension Scheme and while a number of personnels junior to the Applicants have now been extended the benefit of the OPS after the issuance of the OM dated 03.03.2023, since they were appointed before the Applicants could be absorbed.
(J) Such appointment/absorption of juniors prior to the appointment/absorption of the Applicants, has already been held to be violative of Article 14 & 16 of the Constitution by this Hon'ble Tribunal vide judgment dated 15.05.2001. (K) A perusal of judgment dated 15.05.2001 will also show that it was directed that the seniority of the Applicants was to be rectified viz-viz their juniors once the absorption was done. Therefore, once the Applicants juniors have been 36 OA No. 872/2024 Item 19 (C-4) granted the benefits of OPS, the said benefit of OPS ought to be extended to the Applicants, whose delay in appointment was not at all attributable to them and now in accordance with OM dated 03.03.2023, once it has been established that their appointment was against vacancies published in 1988, the same benefit ought to be granted to them.
(L) The representations submitted by the Applicants have been rejected by the Respondents vide various impugned order by stating that since the Applicants were not appointed prior to 01.01.2004, they cannot be extended the benefits of OPS, completely ignoring the fact that the vacancies against which the Applicants were appointed was issued prior to 22.12.2003 and therefore in accordance with OM dated 03.03.2023 issued by DOPT, benefits of OPS ought to be extended to them.
(M) Once the Respondents have themselves extended the benefit of OPS to batchmates/juniors of the Applicants selected pursuant to a vacancies notified prior to 22.12.2003, the said benefit ought to be extended to the Applicants as well.
(N) While the Applicants' selection was against vacancies notified prior to 22.12.2003 despite which the Applicants were deprived benefit of the Old Pension Scheme as existing under the CCS(Pension) Rules, 1972.
(O) In a writ petition filed by Assistant Commandants in CRPF being Shyam Kumar Choudhary & Ors. v. UOI & Ors., being W.P.C No. 1358/2017, whereby the selection of the petitioners therein was pursuant to an advertisement issued before 01.01.2004, but they had joined CRPF only in 2004, i.e after the NPS, had come into existence, despite which the Hon'ble High Court of Delhi vide its order and judgment dated 09.04.2019 allowed the writ petition and directed the Respondents to extend the benefits of the Old pension scheme to the Petitioners therein.
(P) The Hon'ble High Court of Delhi vide order its order dated 13.12.2019 passed in W.P.(C) No. 13129/2019, titled Niraj Kumar Singh and Ors. v. UOI &Ors, in a similar petition where the notification for recruitment was issued before 01.01.2004 but the petitioners therein had joined in 2004, i.e, after the NPS had been implemented, has allowed the writ petition and has directed the Respondents to grant the benefits of OP'S to the petitioners therein." 37 OA No. 872/2024 Item 19 (C-4)
4. The counsel for the applicants also relied upon the following judgments :-
(1) In Inspector Rajendra Singh & Ors. vs. UOI & Ors. -
W.P(C) No. 2810/2016 wherein the Hon'ble Delhi High Court has specifically held that 'terms and conditions of service, which is applicable at the time of notification of the posts, cannot later be altered to the prejudice of the incumbents to the post, after the selection process has commenced.' It has been further held that 'there can be no discrimination between the batchmates.' Against the above decision of the Hon'ble Delhi High Court, the respondents moved the Hon'ble Apex Court vide SLP (Civil) Diary No. 39335/2017. However, the same was dismissed vide order dated 08.01.2018.
(2) In Shyam Kumar Choudhary & Ors. vs. UOI & Ors. - W.P (C) No. 1358/2017, the Hon'ble Delhi High Court vide its order dated 09.04.2019 allowed the writ petition and directed the respondents to extend the benefit of Old Pension Scheme to the petitioners therein. The said judgment had been upheld by the Hon'ble Apex Court in SLP Diary No. 31539/2019 vide order dated 29.09.2019. Moreover, the Review Petition filed by the respondents had also been dismissed vide order dated 24.11.2020.
38 OA No. 872/2024Item 19 (C-4) (3) In Niraj Kumar Singh & Ors. vs. UOI & Ors. - W.P (C) No. 13129/2019, the Hon'ble Delhi High Court vide its order dated 13.12.2019 allowed the writ petition and observed as under :-
"....6. It has been consistently held by this Court in a series of orders that those who participated in the examination of 2003 would be covered by the OPS, notwithstanding that they had been offered letters of appointment only after 1st January 2004. Among the several orders of this Court is an order dated 2nd November 2012 in W.P. 3827/2012 (Naveen Kumar Jha v. Union of India) where in the context of a delay in the issuance of the letter of appointment of a Sub-Inspector (SI) of the Central Reserve Police Force (CRPF) beyond 1st January 2004, on account of delay in the authorities having him examined by a Review medical Board, it was held that the the Petitioner would be covered by the OPS."...
(4) In the case of Dr. Davinder Singh Brar vs. UOI & Ors. -
W.P (C) No. 756/2020, the Government had pleaded that since the selection process of the petitioner therein had concluded in February, 2004 therefore they were not entitled to the benefits of OPS, but the said plea of the respondents was rejected by the Hon'ble Delhi High Court vide its order dated 28.01.2020. The matter went up to the Hon'ble Supreme Court by way of Special Leave to Appeal No. 173/2021 and the same was dismissed vide order dated 04.02.2021 wherein the Hon'ble Apex Court held that they find no ground to interfere with the judgment dated 28.01.2020.
(5) In Bharat Singh & Ors. vs. UOI & Ors. - W.P (C) No. 5079/2020, the Hon'ble Delhi High Court held as under :- 39 OA No. 872/2024
Item 19 (C-4) "21..... The Office memorandum dated 17.02.2020 cannot detract from the judgments of this Court holding that the benefit of the Old pension Scheme would be available to the employees whose recruitment process had been initiated prior to 31.12.2003 and the delay in issuing the final appointment letters was for the reasons attributable only to the Respondents..."
5. Per contra, the respondents have used the following grounds to oppose the arguments of the applicants in their counter affidavit :-
"(i) According to the counsel, the respondent nos. 1 and 2 are neither necessary nor proper parties to be arrayed as they have no direct involvement in relation to the claim of the applicants. Hence, the counsel prayed that they may be deleted from the array of respondents.
(ii) As per the counsel for respondents the impugned order has been issued by the East Central Railway, Samastipur Divison and the cause of action pertains to East Central Railway, Dhanbad Division where the relevant record and documents of the applicants have been maintained following their engagement and absorption.
Thus, Principal Bench of CAT has no jurisdiction, rather the jurisdiction falls with the Patna Bench of CAT.
(iii) According to the respondents the applicants have not exhausted all administrative opportunities/remedies available to them to redress their grievances and only one representation was received which was rejected by the competent authority. Further, counsel for the respondents submitted that the East Central Railway sent a letter No. E/ECR/Conf./Absorption/CLs dated 26.07.2005 to the DRM/ECR/Samastipur vide which approval of the competent authority was granted to absorb 554 screened casual 40 OA No. 872/2024 Item 19 (C-4) labourers into Dhanbad Division against existing group 'D' vacancies. Thereafter, those casual labourers who were found fit in various medical categories were shortlisted for absorption on available vacancies and were absorbed after following due procedure. During this process the applicants received offer letters in 2006 (after the implementation of the NPS on 01.01.2004) wherein it was clearly stated that during their temporary service, they would not be entitled to pension or other benefits such as the State Railway Provident Fund, gratuity or other allowances. It was further specified that in accordance with the Railway Board's directives via letters No. F(E)/III/2003/P.N.I/24 dated 31.12.2003, 2004/SC/11/21/1 dated 19.02.2004, and 22.06.2004, their pension and provident fund entitlements would be governed by the restructured defined contributory pension system or the NPS, which was accepted by all applicants. He highlighted that all the applicants were appointed upon accepting their offer of appointment in 2006 and were absorbed against the existing vacancies. Therefore, now they cannot turn back and seek the benefits of OPS. Moreover, the applicants have already been retired and their alleged claim is belated and not maintainable.
The respondents vehemently denied the argument of the applicants that they were absorbed against vacancies notified in 1996.
41 OA No. 872/2024Item 19 (C-4)
6. When the matter was initially heard on 05.03.2024 following order was passed by the Coordinate Bench of this Tribunal :-
"The present OA has been filed by 176 applicants seeking relief in the form of granting them the benefit of old pension scheme. Learned counsel for the applicants states that all these applicants appointed in 2006 though the vacancy were notified in 1996. In view of this, as per the policy of the Govt. of India, they are entitled to get benefits of the old pension scheme.
Issue notice. Learned counsel for the respondents states the present OA suffers from misjoinder of the parties. He also states that the present OA is not maintainable because the. OA does not contain details of the representation made to the administrative authorities. In other words the applicants have not exhausted the administrative opportunities to redress their grievances. He states that there was only one representation which has been rejected by one Assistant Personnel Officer who has never been made a party in instant case. However, they will file detailed affidavit regarding non maintainability of the present OA. Learned counsel for the respondents seeks and is granted four weeks' time to file reply.
List on 23.04.2024."
7. We have given our thoughtful consideration to the rival submissions ; examined the documents on record and perused the relevant judgments. We have gone through the DoPT OM No. 57/05/2021-P&PW(B) dated 03.03.2023 which is reproduced as follows :-
42 OA No. 872/2024
Item 19 (C-4) 43 OA No. 872/2024 Item 19 (C-4) 44 OA No. 872/2024 Item 19 (C-4) 45 OA No. 872/2024 Item 19 (C-4)
8. The applicants' claim for benefits under Old Pension Scheme (OPS) in the light of the above DoPT OM does not legally stand as it applies only to employees appointed against vacancies notified or advertised prior to introduction of National Pension Scheme (NPS) on 22.12.2003. In the instant OA no vacancies were notified/advertised before 22.12.2003. Also this scheme does not apply in cases of absorption of casual labours/employees. The applicants in the instant OA were regularised in 2006 which is after the cut off date of 01.01.2004. Their offer letters clearly states that "during temporary service you will not be entitled to pension or other facilities like the State Railway Provident Fund, Gratuity or other allowances." As per the Railway Board Directives issued via letters No. F(E)/III/2003/P.N.I/24 dated 31.12.2003, 2004/SC/11/21/1 dated 19.02.2004, and 22.06.2004, pension and provident fund entitlements would be governed by the restructured defined contributory pension system or the New Pension System. These terms and conditions of employment were acquiesced and accepted by the applicant then in 2006 and now they cannot to back on their word and challenge them. Since the applicants were appointed and absorbed against existing vacancies in 2006, hence they are now not eligible for pensionary benefits under the Old Pension Scheme. Thus it is clear that the applicants' claim for benefits under the Old Pension Scheme, in reference to the OM dated 03.03.2023, is unfounded as it 46 OA No. 872/2024 Item 19 (C-4) applies only to employees appointed against vacancies notified or advertised prior to the introduction of the NPS on 22.12.2003 and not in case of absorption of casual labourers.
9. In the light of the above, we are of the considered opinion that the balance of convenience in the instant OA lies with the respondents. The instant OA lacks merit ; deserves to be dismissed and is accordingly dismissed. There will be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/
47 OA No. 872/2024
Item 19 (C-4)
To further buttress his arguments counsel for the applicants
contended that as there was remarkable increase in litigations before the Hon'ble Delhi High Court despite its direction in plethora of judgments that benefits of OPS has to be granted after satisfying certain conditions such as advertisement for selection should have been issued before introduction of NPS, the DoPT issued an OM dated 17.02.2020 which stated various categories wherein if the personnel falls under any of those categories, he or she shall be eligible for the grant of the benefits of the OPS. However, despite the fact that the Hon'ble High Court of Delhi, before the release of this OM dated 17.02.2020, had already held in the judgment dated 09.04.2019 passed in Shyam Kumar Choudhary & Ors. v. UOI & Ors. (supra), which order has also been upheld by the Hon'ble Supreme Court vide order dated 27.09.2019 in SLP Diary No. 31539/2019 and then again vide order dated 13.12.2019 passed in W.P.(C) No. 13129/2019, titled Niraj Kumar Singh and Ors. v. UOI & Ors., (supra) that 'where the notification for recruitment was issued before 01.01.2004 but the petitioners therein had joined in 2004, i.e., after the NPS had been implemented, such personnels ought to be 48 OA No. 872/2024 Item 19 (C-4) granted the benefits of OPS, the DOPT had failed to specify this category of personnels in the OM dated 17.02.2020, which action of the Respondents is contemptuous and in total defiance of the orders passed by this Hon'ble Court and was liable to be set aside.' Thereafter, various other aggrieved persons approached Delhi High Court to ventilate their grievances challenging the DoPT OM dated 17.02.2020 to the extent that it excluded those personnels from being granted the benefit of Old Pension Scheme who had been appointed pursuant to notification/advertisement issued prior to 01.01.2004 i.e., before the New Pension Scheme was introduced. The High Court vide order dated 15.01.2021 passed in W.P. (C) No. 5080/2020 and batch granted them relief with a direction that since the petitioners therein had been appointed pursuant to advertisements issued prior to 01.01.2004, irrespective of the date of joining being in 2004, ought to be granted the benefits of the OPS. Aggrieved, the respondents in one of the connected matters approached the Hon'ble Supreme Court vide SLP No. 7373/2021, the same was however dismissed vide order dated 09.07.2021. Thereafter, the Ministry of Finance vide its OM dated 09.08.2021 recommended the respondent no. 2 to make a call for excluding the employees whose recruitment advertisement was issued on or before 31.12.2003 from the purview of NPS and to cover them under OPS. 49 OA No. 872/2024 Item 19 (C-4) Still the respondents did not do anything and it is only after the decision of the Hon'ble Delhi High Court's judgment dated 11.01.2023 the DoPT issued another OM dated 03.03.2023 wherein it laid down following instructions :-
"....4....It has now been decided that, in all cases where the Central government Civil Employee has been appointed against a post or vacancy which was advertised notified for recruitment/appointment, prior to the date of notification for National Pension System, i.e,, 22.12.2003 and is covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS (Pension) Rules, 1972 (NIDW 2021)....."
Pursuant to the aforesaid notification dated 03.03.2023, many personnels including the applicants exercised their option for availing the benefits under OPS. However, various juniors to the applicants were granted the said benefit excluding the applicants which according to the counsel is violative of Articles 14 and 16 of the Constitution. Hence, he prayed that once the juniors to the applicants are granted the said benefit of OPS, the same ought to have been extended to the applicants also whose delay in appointment was not at all attributable to them. He also highlighted that the OM dated 03.03.2023 established that the appointment of the applicants was against the vacancies published in 1988.