Central Administrative Tribunal - Ernakulam
P A Ouseph vs The Secretary Ministry Of Railways Rail ... on 25 August, 2023
1 CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM Original Application No. 180/00755/2018 Original Application No. 180/00880/2019 Original Application No. 180/00054/2020 Original Application No. 180/00223/2020 Original Application No. 180/00406/2020 Friday, this the 25th day of August, 2023 CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
1. Original Application No. 180/00755/2018 -
1. M. Sathyendran Pillai, aged 77 years, S/o. K.M. Madhavan Pillai,Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at I-A, Lavender, Skylane Apartments, Tripunithura.
2. P.H. Syed Mohammad, aged 76 years, S/o. P.M. Hameed Rawther,Retired Mail Guard, Trivandrum Division, Southern Railway,Residing at Pragathy, Vadakkevila P.O., Kollam.
3. K. Vamadevan, aged 75 years, S/o. Krishnan, Retired Mail Driver,Trivandrum Division, Southern Railway, Residing at 'Vasantham', Vaidyasala Nagar, Asramam, Kollam.
4. G. Raman Pillai, aged 73 years, S/o. R. Gopala Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at 'Mudra', TKMC P.O., Karikode, Kollam.
5. Unnikrishnan Pillai V. aged 73 years, S/o. Kesava Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at KPS Mandiram, Vengara, Kollam.2
6. R. Gopalakrishnan Pillai, aged 68 years, S/o. Raghavan Pillai, Retired Passenger Guard, Trivandrum Division, Southern Railway, Residing at Suji Nivas, Vadakkumthala P.O., Karunagapally, Kollam.
7. B. Mohammed Yusuff, aged 74 years, S/o. Badhi Usman, retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Mahaboob Manzil, Hareesree Nagar 107, Kollam.
8. M.A. Sreedharan Nair, aged 76 years, S/o. P.N. Ayyappan Nair, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Sannithanam, Chandanathoppu, Kollam.
9. S. Vasudevan, aged 78 years, S/o. C. Sankara Warrier, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Padinjare Warriam, P.O. Perunna, Kayamkulam.
10. C.A. Punnose, aged 67 years, S/o. C.I. Abraham, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Chirathalakka, Mannad, Thiruvalla.
11. R. Arjunan, aged 66 years, S/o. R.Raman, Retired Senior Loco Pilot, Trivandrum Division, Southern Railway, Residing at Lekshmi Vinayak, Pandaravila, Neeravil, Perinad P.O., Kollam.
12. N.N. Kochunny, aged 75 years, S/o. Narayana Panicker, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Nattekudathu House, Kanjiramattom P.O., Tripunithura, Ernakulam.
13. D. Bhasuran, aged 65 years, S/o. Damodaran, Retired Loco Pilot, Trivandrum Division, Southern Railway, Residing at Gowri Bhavanam, Kottolin, Kappil Mekku, Krishnapuram P.O., Kayamkulam.
14. Chandrasekharan Pillai K., aged 83 years, S/o. Sankara Kurup, Retired Passenger Guard, Trivandrum Division, Southern Railway, Residing at Krishnalayam, Kongal, Paravoor P.O., 3
15. Sankaran P., aged 80 years, S/o. S.Karunakaran, Retired Shunter, Trivandrum Division, Southern Railway, Residing at Kottarathil, Gandhi Nagar-15, Ashramam, Kollam-2.
16. H. Basheer, aged 73 years, K. Hassankutty, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Yasminvilla, Pallimukku, Mahatma Nagar-145, Kollam.
17. J. Raveendran, aged 73 years, S/o. R.Janardhanan, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Chempantayathu House, Karunagapally, Kollam.
18. A. Philip John, aged 68 years, Retired Loco Pilot, (Passenger), Trivandrum Division, Southern Railway, Residing at Avicot Padinjattathil House, Kottarakara P.O., Kottarakara.
19. R. Sasidharan Nair, aged 64 years, S/o. N. Raman Pillai, Retired Shunter, Trivandrum Division, Southern Railway, Residing at Pranavam, Near Kidangayil Temple, Kunnikode P.O.,-691508.
20. Thomas Varghese, aged 90 years, S/o. P.K. Thomas, Retired Guard 'A' (SPL), Trivandrum Division, Southern Railway, Residing at Poockoikkal Nalumuriyil, Kayamkulam.
21. P.K. Balakrishnan, aged 78 years, S/o. K.K. Krishnan, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Balabhavan, Prasanthi Nagar(49), Vadakevila P.O., Kollam.
22. K.R. Jayamohan, aged 61 years, S/o. K. Raman, Retired Senior Assistant Loco Pilot, Trivandrum Division, Southern Railway, Residing at Vadakkedathu House, Divya Nagar-22, Pattathanam P.O., Kollam.
23. M.J. Purushothaman, aged 74 years, S/o. K. Janardhanan, Retired Passenger Guard, Trivandrum Division, Southern Railway, Residing at Pradeep Nivas, TRA/88A, Mundakkal, Kollam. 4
24. S. Sasidharan, aged 67 years, S/o. N.Surendran, Retired Loco Pilot Passenger, Trivandrum Division, Southern Railway, Residing at Ajith Nivas, Sastri Nagar 234, Kollam-1.
25. J. Cleetus, aged 72 years, S/o. Joseph, Retired Senior Passenger Driver, Trivandrum Division, Southern Railway, Residing at Grace Villa, Thillery Nagar-118, Kollam-1.
26. K.V. Thomas, aged 71 years, S/o. K.K. Varughese, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Raja Nivas, Kadamnkulam P.O., Kallopara, Pathanamthitta.
27. P.V. Varghese, aged 75 years S/o. P.I. Varkey, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Pallivadakkethil House, chengaroor P.O., Mallappally, Pathanamthitta.
28. K. Anandarajan, aged 86 years, S/o. S.Kesavan Asan, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Sankara Bhavan, Mundakkal East, Kollam.
29. Andrews T.C., aged 79 years, S/o. Cherian, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Thannikkal Vale View Flat, Apt I-C, Chalakunnu, Kottayam.
30. Remanan N. Aged 67 years, S/o. Nanu, Retired Loco Pilot, Trivandrum Division, Southern Railway, Residing at Pradeep Bhavan, Prakkulam P.O., Thrikkaruva, Kollam.
31. P. Ramachandra Sekaran Nair (P.R.C. Nair) aged 75 years, S/o. K. Parameswaran, Retired Loco Pilot (Mail), Trivandrum Division, Southern Railway, Residing at Valiya Veedu, Amman Nagar-118-
A, Pattathanam P.O., Kollam.
32. N. Janardhanan Pillai, Aged 85 years, S/o. Parameswaran Pillai, Retired Passenger Driver, Trivandrum Division, Southern Railway, Residing at J.L. Bhavan, Kesava Nagar-16, Valathungal P.O., Kollam.
533. K. Manian Achari, aged 78 years, S/o. Kesavan Achari, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Sarasumani, P.K. Nagar 13, Vadakkevila P.O., Kollam.
34. Maxwell Solomon, aged 66 years, S/o. V.J. Solomon, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Panayinazhikam, Vadakkum Bhagam, Kollam.
35. V.M. Gopalan, aged 74 years, S/o. Mylan, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Vettithara House, Nellimala P.O. Eraviperoor, Thiruvalla.
36. T.N. Viswanathan Pillai, aged 69 years, S/o. G.Nanu Pillai, Retired Goods Guard, Trivandrum Division, Southern Railway, Residing at Thunduvila Veedu, Edavattom, Vellimon P.O., Kundara, Kollam
37. Pappachan M., aged 74 years, S/o. Mathai, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Sheeba Bhavan, Ummannoor P.O., Kottarakkara.
38. Natarajan V., aged 75 years, S/o. Vasu, Retired Senior Passenger Guard, Trivandrum Division, Southern Railway, Residing at Arundathi Bhavan, Muppar Jn. Peroor., Thattarkonam, Kollam.
39. P. Vijayan, aged 75 years, S/o. Pachan Pillai, Retired Passenger Guard, Trivandrum Division, Southern Railway, Residing at Vijaya Mandiram, vadakkemukku, Nedungolam P.O. S. Paravur, Kollam
40. K. Abbas, aged 65 years, S/o. Karunakaran Pillaid, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Sreebhavan, Kovil Mukku, Perumpuzha P.O., Kollam.
41. P. Achuthan Nair, aged 74 years, S/o. Pachu Pillai, Retired Mail Driver, Trivandrum Division, Southern Railway, Residing at Varadha, TP.XVIII/538, Derayam, Near Umayanalloor P.O., Kollam.
642. A. Salavudeen, aged 72 years, S/o. Ahamed Pillai, Retired Assistant Driver, Trivandrum Division, Southern Railway, Residing at Shamsoon Manzil, Pattavayal, Kayyalakkal Cheri, Vadakkevila, P.O., Kollam.
43. K.V. Vivekananda Panicker (K.V.V. Panicker), aged 69 years, S/o.K. Velappa Panicker, Retired Loco Pilot, Trivandrum Division, Southern Railway, Residing at Sree Nivas, Jawahar Jn., Pattathanam P.O., Kollam.
44. B. Radhakrishnan, aged 65 years, S/o. A. Bhaskaran, Retired Loco Pilot Mail, Trivandrum Division, Southern Railway, Residing at Vimala Bhavan, Sree Nagar. 253, Vadakkevila P.O., Kollam.
45. O.N. Thankappan Pillai, (O.N.T. Pillai) aged 76 years, S/o. Gopala Pillai. Retired Senior Passenger Guard, Trivandrum Division, Southern Railway, Residing at Lekshmi Bhavan, Menamppally, Pathiyoor P.O., Keerikkad, Alleppey.
46. H. Muhammed Kunju,(H.M. Kunju) aged 65 years, S/o. Haneefa Kunju, Retired Sr.Passenger Guard, Trivandrum Division, Southern Railway, Residing at BHS Villa, Karimpaloor, Puthan Kulam P.O., Boothakulam, Kollam.
47. Salim S.H., aged 63 years, S/o. Sheik Hussain, Retired Loco Pilot (Passenger), Trivandrum Division, Southern Railway, Residing at Nabeeza Nivas, Surabhi Nagar-248, Ayatil, Pattathanam, Kollam.
48. K. Mohanan Nair, aged 70 years, S/o. T.P. Krishnan Nair, Retired Loco Pilot (Shunter), Trivandrum Division, Southern Railway, Residing at Nandanam, New Nagar 40/B, Vadakkevila P.O., Kollam.
49. Navabudheen S., aged 69 years, S/o. Syed Rahman, Retired Loco Pilot, Trivandrum Division, Southern Railway, Residing at Saira, K.B. Nagar-289, Thekkekara P.O., Kollam.
750. K. Purushothaman Nair, (K.P. Nair), aged 82 years, S/o. Kesavan Namboodiri, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at P.R. Niwas, Perumon East, Perumon P.O., Kollam.
51. Gopalakrishna Pillai P.P., aged 63 years, S/o. Parameswaran Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Vazhoor House, Thittamel, Chengannoor P.O., Alleppey.
52. B. Khader Bhasha, aged 69 years, S/o. Badhi Usman, Retired Loco Pilot (Passenger), Trivandrum Division, Southern Railway, Residing at Chella Kamatshi Nager, Thanathavam Road, Jai Nagar Extension, Ponmeni, Madruai.
53. P. Murugan, aged 67 years, S/o. A. Pichaimuthu, retired Loco Pilot, Trivandrum Division, Southern Railway, Residing at Mathew Bhavan, Vellimon P.O., Keralapuram, Kundara, Kollam.
54. Rajendra Prasad N., aged 63 years, S/o. C.K. Narayana Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at TC 19/80 (3) 'Remya', Near V.M. Mills, Thirumala P.O., Trivandrum.
55. M.D. John, aged 86 years, S/o. M.J. Daniel, Retired Passenger Guard, Trivandrum Division, Southern Railway, Residing at Pulariyil, VRA 128, West of District Hospital, Kollam.
56. G. Sreedharan Pillai, aged 71 years, S/o. Gopala Pillai, Retired Loco Pilot (Passenger), Trivandrum Division, Southern Railway, Residing at Aswathy Bhavan, Chittayam, Inchavila P.O., Perinad, Kollam.
57. W. Stephen, aged 70 years, S/o. Abraham, Retired Loco Pilot (Sr. Shunter), Trivandrum Division, Southern Railway, Residing at Chez Maria, East West Nagar, Thangassery, Kollam.
858. Ramachandran Pillai, aged 74 years, S/o. Kunjan Pillai, Retired Passenger Driver, Trivandrum Division, Southern Railway, Residing at Karthika, Peroor, TKMC P.O., Karicode, Kerala.
59. R. Rajan Nair, aged 67 years, S/o. Raghavan Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Panackal House, Pavumba P.O., Karunagappalli, Kollam.
60. S. Karunakaran Pillai, aged 67 years, S/o. Narayana Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at 'Tharaka', North Mynagappally, Kunnathur, Kollam.
61. S. Sudharsanan, aged 78 years, S/o. Sanku, Retired Passenger Driver, Trivandrum Division, Southern Railway, Residing at Sandas Bhavan, Thekkumbhagam, Eravipuram-691011.
62. K. Vijayakrishnan Kunju (K.V.K. Kunju), aged 79 years, S/o.
Krishan Pillai, retired Mail Guard, Trivandrum Division, Southern Railway, Residing at TC 28/1609 Asha Vihar, Sreekantaswram, Fort P.O., Thiruvananthapuram.
63. V.K. Sankara Pillai, aged 79 years, S/o. Kochkunju Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at sudharama, PLRA-26, TC 2/3017(i), Panachamoodu Lane, Pattom Palace P.O., Trivandrum.
64. K. Raveendran, aged 66 years, S/o. Kunju Pillai, Retired Loco Pilot, Trivandrum Division, Southern Railway, Residing at Rajesh Bhavan, Adinadu South, Kattilkadavu P.O., Kuranagappally.
65. G. Mohanedran Pillai, aged 65 years, S/o. Parameswaran Pillai, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Ashtami, Near Gest House, Kairali Jn., Varkala P.O., Varkala.
66. P.P. Chacko, aged 66 years, S/o. P.C. Peely, Retired Loco Pilot (Mail), Trivandrum Division, Southern Railway, Residing at Puthrukayil House, Memury P.O., Kottayam.
967. P.T. Rajappan, aged, 67 years, S/o.Azhakan Thevan, Retired Mail Guard, Trivandrum Division, Southern Railway, Residing at Mylakattil House, Vallamkullam, Thiruvalla. ..... Applicants (By Advocate : Mr. Martin G. Thottan) Versus
1. The Railway Board, Rail Bhavan, New Delhi-110001 represented by its Chairman.
2. The General Manager, Southern Railway, Chennai -3
3. Senior Divisional Personnel Officer, Southern Railway, Trivandrum-14. ..... Respondents (By Advocate : Mrs. O.M. Shalina, SCGSC)
2. Original Application No. 180/00880/2019 -
1. P.C.Angel retired Loco Pilot Goods, Southern Railway, Ernakulam aged 81 years, s/o Pappan Ponnan, residing at Angel Dale, Sneha Nzagar, Pzattathanam P.O., Quilon
2. P.T.Madhavan, retired Loco Pilot (Mail), Southern Railway Ernakulam South, Aged 79 years, son of Thevan, residing at Parackel House, Thuruthikkazra, Pnkara Pally,Ernakulam District 682314
3. C.C.Raphel, RetiredLP Shunter, Southern Railway, Ernakulam, Aged 82 years, son of Chummar Residing at Chakkalayil House, Convent Road,Ponnurunny, Vytilla PO Kochi 682019.
4. B.Kuttappan, Retired Loco Pilot, Southern Railway, Ernakulam Aged 80 years, Son of Baba, residing at Kavunkal House, Perumparana North paravoor Ernakulam District Pin 683513 10
5. G.Shivashankaran Nair aged 74 years Retired LP Mail Southern Railway, Quilon, son of N.Govindan Pillai, residing at Kailas Vadakkevilla PO Quilon Pin 692010
6. S.Parameshwaran Nair, Retired LP Mail, Southern Railway Ernakulam Aged 75 years, son of Shridharan Nair, residing at Krishna Vihar, Maarathur Vattam, PO Cherthala Pin 684539
7. P.M.Abubeker, aged 79 years, rfetired Mail Driver, Southern Railway Ernakulam, s/o Moiddeen Kutty, residing at Puthuthottil, LBS Road, Ponekara, Edappally, Ernakulam District
8. K.A.Subramani, retired Loco Pilot, Mail, Southern Railway Ernakulam, Aged 76 years, son of Kunjappan, residing at Kalazthiparambil Road, Puthvyppe, Occhhanthuruthu, Ernakulam Pin 682508
9. K.Lakhshmana Shenoy, aged 74 years retired LP Mail Southern Railway, Ernakulam son of Krishna Shenoy, residing at Shriniketh, House No. 48/745 B,North Velakada Parazmmbu lane Deshabhimani Road, Elamakkara, Ernakulam District Pin 682026
10. D.Kamalakshan, aged 69 years, retired LP Mail, Southern Railway Ernakulam, Son of Damodharan, residing at Thykottathil House, Thuruthumma, Chemp PO, Ernakulam District Pin 686618
11. PM Abdul Rehman, aged 60 years, Retired Loco Pilot Passenger, Southern Railway, Ernakulam, s/o PM Mohammed, residing at Puthuthottil, Thaikattukara, Aluwa.
12. P.N.Shivasankaran, aged 62 years, retired LP Goods Southern Railway , Ernakulam, son of PK Narayanan, Residing at Punathil House, Ayyanppan Kavu PO Ernakulam 11
13. T.D.Sebastian, retired LP shunter Ernakulam, aged 72 years, Son of TO Devassy, residing at Thaadikkaran House Vathuruthy, Matsya puri PO Ernakulam 682029
14. L.Mony, 67 years, retired LP Passenger. Southern Railway Ernakulam , Son of V.Lakshmana Reddiyar, residing at Devinilayam, Kadavil road, Thykoodam, Ernakulam 682019
15. N.Sasidharan, aged 72 years, retired LP Mail, Southern Railway Ernakulam, Son of Nzarayana Pzanikkar, residing at Shankaramangalam, Grover Nazgar, NF Gate, Thripunnithara, Ernakulam,Pin 68 23 01
16. V.Chandran Pillai, aged 67 years, retired LP Mail, Southern Railway Ernakulam, Son of Sridharan Pillai, residing at Prashant Bhawan, Koothapady, Thammanam PO, Ernakulam Pin 682032
17. O.Dhinakaran, aged 66 years, retired LPL Mail, Southern Railway Ernakulam, s/o O Narayanan, residing at Unniambathu House,\ Gurudeva Road, Thykoodum, Vytilla PO, Ernakulam District Pin 682019
18. K.P.Ramachandran, aged 67 years, retired LP Mail, Southern Railway Ernakulam, s/o Prameshwaran Pillzai, residing at Lal Bhawan, Pulluvazhi PO, Perumbavoor, Ernakulam District
19. T.K.Bhassi, aged 66 years, retired LP Passenger, Southern Railway Ernakulam, s/o Karumban, residing at Thazhuppi parambil, Kumbalngi, Ernakulam District Pin 682007
20. A.C.Mohamed Ashuraf, aged 65 years, retired LP, Southern Railway Ernakulam, s/o A Chhevu, residing at Adanas House No.6/1262 opposite Jain Temple, Mattazncheri, Ernakulam District Pin 682002 12
21. K.R.Kamaladharan, aged 72 years, retired LP shunter Southern Railway, Ernakulam, son of Appee Raghavan, residing Kalazethu House, KALLETTINKAZRA, ALOOR, THRISSUR PIN 68068
22. P.K.Balagopal, aged 66 years. Retired LP Goods, Southern Railway Ernakulam, son of Kumaran, residing at Puzhakkal House, Krishnapuram, Ollurkara PO, Thrissur District pin 680655
23. C.K.Rajendra Kumar, aged 58 years, retired LP Mail, Southern Railway Ernakulam son of R Keshavan, resident of Chethiyattthodi, KK Puram, Mannam PO, North Paravoor Pin 683520
24. N.M. Raju, aged 55 years, retired LP Passenger, Southern Railway Ernakulam, Son of N.P.Mani, residing at Nedumchaliyil house, Rayamangalam, Kuruppumpadi, Ernakulam District 683545. ..... Applicants (By Advocate : Mr. T.C. Govindaswamy) Versus
1. Union of India, represented by the Secretary to the Govt. of India, Ministry of Railways, Rail Bhawan, New Delhi.- 110 001
2. The Secretary, Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners' Welfare, New Delhi - 110 001
3. The General Manager, Southern Railway, Park Town Post, Chennai - 600 003
4. The Divisional Railway Manager, Southern Railway, Divisional Railway Managers Office, Thycad, Thiruvanathapuram - 695014. ..... Respondents [By Advocates : Mrs. O.M. Shalina, SCGSC (R1,3 & 4) and 13 Mr. C. Rajendran, SCGC (R2)]
3. Original Application No. 180/00054/2020 -
1. P.A. Ouseph, aged 74 years, S/o Anthony, Retired Loco Pilot/Chennai, Resident of Alapopattu, Palathunkal House, Chennathu nadu, Chalakkudy, Thrissur District - 6820307 Mob. 94478 30126
2. P. Vijayakumaran, aged 73 years, S/o P.S.Govindaraghavan, Retired Loco Pilot Shornur, resident of Mayugam Shivanandanagar Ishwarya road, Kallekulangara P.O., Palakkad 678 009, Mob.9447943509
3. V.K. Sreekumar, aged 74 years, S/o V.Krishna Panicker, Retired Loco Pilot Shornur, resident of Aswathi, Athaniparambu, Olavakkod, Palakkad - 678002 Mob. 94479 45363
4. R. Gopalan, aged 83 years, S/o V.Govinean Nair, Retired Loco Pilot Shornur, Resident of Archana Ring Road, Manjakkadu, Shornur PO, Palakkad 679121 Mob.8547565918
5. K.P. Haridas, aged 78 years, S/o C.K.Nair, Retired Loco Pilot Shornur Resident of Devisadan, Laxmi road, Ottappalam PO Palakkad 679 521 Mob.9447997658 14
6. Ayyappan M. Aged 69 years, S/o Ayyappan, Retired Mail Guard, Shornur Resident of Lakshmi Niwas, Ring Road, Manjakkadu, Shornur PO Palakkad - 679121 Mob. 9745287167
7. Balan P. Aged 73 years, S/o V.Kunjunni, Senior Assistant Guard/Shornr Resident of Shree Lakshmi, Ambalaparampil, Shornur PO Palakkad 679121 Mob.9946612665
8. Chandrasekharan M. Aged 70 years, S/o Madhavan, Retired Loco Pilot/Shornur Resident of Melathra Madhava Niwas, Chuduvalathoor, Shornur PO Palakkad 679121 Mob.9288650080
9. Balakrishnan K. Aged 64 years, S/o K.Chakkan, Retired Male Guarde, Shornur, resident of Chatantheriparambu, Chuduvalathoor, Shornur PO Palakkad 679721 Mob.8547618928
10. Shivashankaran K.P. aged 76 years, S/o M.Krishnan Nair, Retired Mail Driver/Shornur Resident of Shivasree, Chorottoor, Manissery PO, Ottappalam Palakkad 679521 Mob.9544833203 15
11. Raghavan K.V., aged 79 years, S/o M.V.Shankaran Nair, Retired Loco Pilot/Shornur Resident of Pranavzam, Cherugod, Vallapuzha, Palakkad - 679 336 Mob.96054831000
12. Vijayan P., aged 68 years, S/o V.Raman, Senior ALP/Shornur Resident of Vazhayala Thundiyil House, Kizhuthonni PO, Thamarassery, Pin 680201 Mob.9495071835
13. Gopalakrishnan P.N. aged 74 years, S/o K.Narayanan, Retired Loco Pilot/Shornur Resident of Ashwathi, Kavalappara PO Shornur, Palakkad - 679523, Mob.9846887218
14. K.Ramachandran, aged 71 years, S/o Raman Nair, Retired Guard/Shornur Resident of Kattarathodi House, Cheruthuruthy PO, Trichur Dt. - 679 531, Mob. Nil
15. K.M. Rajamanickam, aged 67 yeaars, S/o Maniacka Mudali, Goods Guard/Palakkad Resident of Mambattakundil House, Shornur, Palakkad - 679121 Mob.94463 34341
16. K. Ravindran, aged 66 years, S/o K. Muthu, Retired Guard/Shornur Resident of Kalathil House, Nedungannoor PO/Shornur Palakkad 679121 Mob.94951 71297
17. C.K. Sethumadhavan, aged 74 years, S/o Kuttikrishnan Nair, Retired Loco Pilot/Shornur Resident of Prakash Niwas, 16 Kavalappara PO, Shornur Palakkad 679523 Mob.95944 325048
18. C.V.Somasundaram, aged 62 years, S/o C.V.Velu, Retired Loco Pilot/Shornur Resident of Chakkangulam House, Mundaya P.O. Ganeshgiri, Shornur Palakkad 679123 Mob. 99951 34449
19. K.P.Chandrasekharan, aged 81 years, S/o M.Krishnan Nair, Retired Loco Pilot/Shornur Resident of Shreechandra, Kunnath Thazhathe, Nedungattoor Shornur Palakkad - 679121 Mob.9442224408
20. M.Sudhakaran, 72 years, S/o M.Velayudhan, Retired Loco Pilot/Calicut Resident of Marathadathil House, Neduva PO Parppanagadi, Kozhikode 676303 Mob.9496679838
21. K.M. Pushpakaran, aged 69 years, S/o KChathukutty, Senior ALP/Calicut Resident of Padinjare Kandiyil, Kuruvattoor , Kakodi Kohikode 673611 Mob.9446393964
22. K.Radhakrishnan, aged 72 years, S/o P.K.Kunjiraman, Retired asstt.Loco Pilot/Calicut Resident of Thayyulathil House, Chombala PO, Kozhikode 673308 Mob.9495409707 17
23. N.Natarajan, aged 79 years, S/o P. Nanjappa Mudali, Retired Shunter/Shornur Resident of Anakkath vzalappil House, N.N. Rajaniwas, Mudaliar Street, Shornur, Palakkad, PIN-679 121, Mob.9605217520
24. P.Gangadhara Kurup, aged 80 years S/o T.Achuthan Nair, Retired Loco Pilot/Shornur Resident of Puthyedathu House, Irruvalloor Cheilanur, Kozhikode 673616 Mob.9995990808
25. Mohandas K. Aged 68 years, S/o Krishnan Nair, Retired Loco Pilot/Shornur Resident of Das Niwas, Ring Road, Manjakkad, Shornur - 679121, Mob.9495761069
26. K.Ramachandran, aged 79 years, S/o R.Raman Nair, Retired Shunter/Shornur Resident of Kovilakam, Manjakkad, Shornur Palakkad - 679121, Mob.9048372244
27. P.Subramanian Nair, aged 76 years, S/o Govindan Adiyodi, Retired Loco Pilot/Shornur Resident of Upasana, Manjakkad, Shornur Palakkad 679121 Mob.9447227587
28. M.Sreedharan, aged 70 years, S/o M.Chatthu, Retired ALP/Calicut Resident of Madathil House, Sreelayam, Mazdappally College, Vadakara Post, Kannur 673103 Mob. Nil 18
29. M.Subramanian, aged 78 years, S/o Manickamudali, Retired Loco Pilot/Shornur Resident of Anakkathu Valappil, Mudaliar Street Shornur Palakkad - 679121 Mob.9946958893 30 Murlidharan T.V. aged 61 years S/o TVelukkutty, Retired Asstt.Loco Pilot/Shornur Resident of Thunnakkattil House, Nedungottur, Shornur, Palakkad - 679121 Mob.9747191960
31. P.K.Rama Gowda, aged 69 years S/o Kittu Gowda, Retired Loco Pilot/Calicut Resident of Hosgadde House, Dharmathadka Post, Badoor Village, Kasargode Dt. - 671324 Mob.94462 62285
32. Rajan V., aged 64 years, S/o Velayudhan, Retired Loco Pilot/Shornur Resident of Banglau parambil house, Cholikulam, Shornur Palakkad - 679523, Mob.9446123428
33. N. Sundaran, aged 61 years, S/o N.Madhavan, Retired Loco Pilot/ Calicut, resident of Neduveettil House, East Manissery Post Ottappalam, Palakkad - 679521 Mob. 9656467277
34. K.Gangadharan, aged 76 years, S/0 Kumaran, Retied Shunter/Shornur R/o Kondayil House, Nedungottoor, Shornur Palakkad - 679121 Mob.9400686650 19
35. T.P.Gopalakrishnan, aged 67 years, S/o Gopala Pisharady, etired Guard/Shornur, Resident of Sarika, Manjakkade, Shornur Palakkad - 679121 Mob.9446324121
36. P.Subramanian, aged78 years, S/o Palaniyappan, Retired Loco Pilot/Pzalakkad Resident of Kurappaparambu House, Ganeshgiri PO Palakkad - 679123 Mob.9605135261
37. Rajan V. Aged 65 years, S/o Vemban, Retired Asstt.Loco Pilot/Shornur Resident of Mullarithodu House, Kariankode PO, Kottai, Palakkad - 678572 Mob.9633940611
38. E.K.Devadasan, aged 66 years, S/o T.Narayanan Nair, Retired Asstt.Loco Pilot/Shornur Resident of Sreekailasam, Tharangali Mannannoor PO, Shornur, Palakkad Dt. - 679523 Mob.8606730614
39. P.K.Radhakrishnan, 68 years S/o K.Koru, Retired Loco Pilot/Palakkad Resident of Pukackal House, Vettikattiri PO, Shornur, Palakkad - 679 531 Mob.9495740072
40. C.Gopalakrishnan, aged 79 years, S/o Achuthan Nair, Retired Guard/Palakkad Resident of Laxmi Krishna Garden, Kallekulangara, Palakkad -678 009, Mob. Nil 20
41. C. Gopalakrishnan, aged 75 years, S/o P.Keshavan Nair, Retired Loco Pilot/Shornur Resident of Rohini, Vengassery PO, Shornur Palakkad - 679 516, Mob. Nil
42. A.Paul, aged 78 years, S/o P.D.Pailee, Retired Guard/Shornur Pulakudiyil, Poryani, Mundoor PO Palakkad - 678592 Mob.9446033442
43. Haridasan P. Aged 85 years, S/o K.Achutha Kurup, Retired Loco Pilot/Shornur Resident of Krishnachana, Lal Nagar, D-Block, Puthupariyaram, Palakkad - 678731 Mob.9745880363
44. K.Prabhakaran, aged 78 years, S/o P.Madhavan Nair, Retired Loco Pilot/Calicut R/o Prasoonam, Devi Nagar, Puthupariyaram, Palakkad - 678731 Mob. 9400557780
45. Ravindran C.K. aged 68 years, S/o P.K.Krishnan, Retired Loco Pilot, Calicut Resident of Sandrome Parappil, Perambil PO, Cheruvattakadavu, Kozhikode - 673012 Mob.9605694478
46. M.Sureshan, aged 78 years, S/o K.K.Mzadhavan, Retired Loco Pilot/Shornur R/o Sampurna, Athanikavu West, West Hill, Kozhikode - 673005 Mob.9995382916 21
47. M.Ashokan, aged 79 years, S/o .Appu, Retired Loco Pilot/Calicut R/o Sreejaya, Karinarayam Kandipoarambu, Westhill PO, Kozhikode- 673005 Mob. 9895307519
48. U.Devadasan, aged 73 years, S/o O.Velaooyudhan, Retired Asstt Loco Pilot/Calicut Resident of Ooottukalathil House, Kadalundi PO Kozhikode - 673302 Mob.9567871004
49. K.Karunakaran, aged 69 years, s/o M.Ambu Retired Loco Pilot/Calicut R/o Elamparam, Pallivayal PO Kannur -670142 Mob.9495620370
50. Sundaran Pandal Parembeth, aged 66 years, S/o A.Raman, Retired Loco Pilot/Pzalakkad R/o Subidha Manzil, Happy Nagar, Melemuratty PO, Olavakkode, Palakkad - 678731 Mob.7561874480
51. Velayudhan C. Aged 70 years, s/o Kannan, Retired Loco Pilot/calicut R/o Thuvakkad Parambil, Edakkulam PO Koilandi, Kozhikode - 673306 Mob. 8086238392
52. Rajan P., 70 years, S/o P.Kuttappan, Retired Loco Pilot/Calicut R/o Pookadavath House, AriyalloorPO, Vallikunnu Kozhikode - 676312 Mob.9388482602 22
53. V.P.Damodharan, 68 years, S/o Onakkan, Retired Loco Pilot/Calicut R/o Vattakkiparambil House, Meppayar PO, Kozhikode - 673524 Mob.9400777275
54. K.Kunjikrishnan, aged 78 years, S/o Raman Nair, Retired Loco Pilot/Calicut R/oKunnoth House, Chombala PO Vadakara, Kannur -673308 Mob.9495494517
55. T.P.Ravindran, 68 years, S/o Kullan, Retired Loco Pilot/Calicut. R/o Chaithanya, Karangara, Mamanur, Calicut - 673328 Mob.9995475424
56. C.Ambu, aged 68 years, S/o Chozhy, Retired Loco Pilot/Pzalakkad R/o Nilayangil House, Muthiyalam PO Payyannur, Kannur - 607307 Mob.7293085961
57. M.Unni, aged 67 years, S/o M.S.Nzair, Retired Asstt. Loco Pilot/Calicut R/o Mundapurathu House, Panchalayani, Koilandi, Kozhikode - 673305 Mob. 9745907919
58. N/Babu, aged 66 years S/0 Choyikutty, Retired Loco Pilot/Calicut R/o Bininilayam, Thuruthiyil Thazham, Mukkannoor Road, Eranjikkal P.O Pin 673303 Mob.8075387349 23
59. Thamban K. Aged 65 years, S/o Kzandakoran, Retired ALP/Calicut R/oKalleshapurayuil House, Near Mambalam Temple Payyannur PO, Kannur -
Mob.9656904625
60. K.K.Chandrasekharan, aged 66 years S/o Chathukutty, Retired ALP/Calicut Kailedath Sauyjiam, Koilandi- 673305 Mob.9745260064
61. Surendran C., Aged 67 years, S/o Balakrishnan Nambiar, Retired Shunter/Shornur R/o Deviniwas, Choodathil House, Chalad PO, Kannur - 670014 Mob.9496683513
62. Sreedharan A., Aged 66 years, S/o C.K.Govindan Nair, Retired Shunter/Calicut R/o Sreejin Niwas, Mannari House, Muchukunnu P.O., Koilandi - 673307 Mob.9656806029
63. T.Sukumaran, Aged 66 years, S/o Sree Krishnan Retired Shunter/Calicut R/o Sangeetha Niwas, Thayineri, Kannur - 670307 Mob.8547401204
64. M.Prabhakaran, aged 75 years, S/o Appu, Retired Shunter R/o Deviprabha, Punnarakot Paramba, Chelannoor P.O. - 673616 Kozhikode, Mob.9446080743
65. K.V.Haridasan, aged 64 years, S/o Krishna Adiyodi P.K., Retired Loco Pilot/Calicut R/o Veluvalppil House, ManjuKunnu P.O. 24 Koilandi, Kozhikode - 673307, Mob.9447446723
66. M.T.Ramachandran, aged 65 years, S/o Keshavan Nambishan, Retired Guard/Palakkad, Resident of Sreeragam House, Chammanachery P.O. Quailandi Kozhikode-673304, Mob.9447449652
67. K.Ramankutty, aged 76 years, S/o Ayyappan Nair, Retired Loco Pilot/Shornur R/o Kuttaathu House, Bombay Colony, Palappuram P.O., Ottappalam Palakkad - 679103 Mob.9447443279
68. M.M.Abdul Rahman, 71 years, S/o Mohmed, Retired Shunter/Coimbatore, Resident of Velaparambil House, Vadanamkurichy P.O., Ongallur Palakkad - 679121 Mob.9048616968
69. E.A.Vasu, aged 67 years, S/o A.Ayyappan, Retired Shunter/Erode R/o Elanjikkal House, Mundaya P.O. Ganeshgiri, Shornur - 679123 Mob. Nil ..... Applicants (By Advocate : Mr. T.C. Govindaswamy) Versus
1. Union of India, represented by the Secretary to the Govt. of India, Ministry of Railways, Rail Bhawan, New Delhi.- 110 001 25
2. The Secretary Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners' Welfare, Lok Nzayak Bhawan, Khan Mzarket New Delhi - 110 003
3. The General Manager, Southern Railway, Park Town Post, Chennai - 600 003
4. The Divisional Railway Manager, Southern Railway, Divisional Railway Managers Office, Salem Division, Salem - 636 005
5. The Divisional Railway Manager, Southern Railway, Railway Manager's Office, Park Town Post , Chennai - 600 003. ..... Respondents (By Advocate : Mrs. O.M. Shalina, SCGSC)
4. Original Application No. 180/00223/2020 -
1. K.R.Mani, aged 76 years, S/o K.A.Raghavan, Retired LP(Mail)/Shornur, R/o Manjusree, N-12, Rail Nagar, Olavakode, Palakkad -678002 Mob.8848692587
2. Thomman M.K., aged B0 years, S/o M.T. Kora, Retired Mail Guard/Ernakulam R/o House No.2707/A, Rail Nagar- 1, Cross Road 2, Ponnurunni, Vytilla P.O. Kochi - 682 019 Mob- 9746284535
3. P.C.kuriakose, aged 75 years, S/o P.P.Cherian, Retired Mail Guard/Ernakulam R/o Padiyil House, Kizhakambalam P.O. 26 Ernakulam - 683562 Mob.9447307257
4. Paul George, aged 76 Years, S/o I.P.Varkey, Retired Mail Guard/Ernakulam R/O Kadavur Puthenpurayil, Thazhethangadi P.O. Parappadam, Kottayan - 686005 Mob.9744211145
5. A.C.James, aged 77 years, S/o A.R.Cheekko Retied Shunter/Bengaluru/South Western Railway R/o Puthenparambil, WRA 114/Kollam Pin 691001 Mob.9446592053
6. P.J.George, aged 64 Years, S/o P.A.Ouseph, Retired Mail Guard/ERNAKULAM R/o Payyampalli House, Ramapuram Bazar, Kottayam - 686576 Mob.8086532099
7. Jacob J. Punnathara, aged 67 Years, S/o P.K.Jacob, Retired Mail Guard, Trivandrum Central, R/o Punnathara House, 3t/1O23-T, Rail Nagar, Vytilla P.O., Kochi - 682019 Mob.9447752210
8. P.A. Hazakiel, aged 61 Years, S/o Abraaham P.J. Retired Guard, Trivandrum central, R/o Puthuveettil House, Amballoor, Pazhaya Panchayat, Kanjiramattom PO Kochi - 682315 Ph : Mob.9746523989
9. T.M.Mathew, aged 84 years, S/o Devasia Mathai, Retired Mail Guard/TRIVANDRUM R/o 37/1140 Kumaranashan Nagar, Kadavanthra, Kochi 682020 Mob.8281296421 27
10. C.G.Narayanankutty, aged 70 years, S/o P.N.Gopalakrishna Menon, Retired Mail Guard/TRIVANDRUM R/o Ambadi, Government Hospital Road, Kunanmavu P.O. Ernakulam 683518 Mob.9446147277
11. U.Bhaskaran, aged 71 years, S/o Andy, Retired Mail Guard/Ernakulam R/o Makeriyam, Koothapadi Temple Road, Thammanam p.O. Ernakulam - 682032 Mob.9495205819
12. A.A.Joy, aged 71 years, S/o Abraham, Retired Mail Guard/Ernakulam R/o Arathy House, Chungaveli, Erumathala, Vazhakulam P.O. Ernakulam 683112 Mob.9567562006
13. K.G.George, aged 70 years, S/o K.M.George, retired Mail Guard/ERNAKULAM R/o Rolathara House, L.B.S.Road, AIMS Ponekkara, Edappally, Ernakulam - 682041 Mob.NIL
14. P.K.Divakaran, aged 68 Years, S/o Nazrayanan Nair, Retired Mail Guard/ERNAKU LAM R/o Karimundackal House No.44-8, Erroor West P.O. Tripunnithura, Ernakulam - 682306 Mob.9447396481
15. V.P. Udayabhanu, aged 67 Years, S/o Parameshwaran, Retired Loco Pilot(Goods)/Ernakulam R/o Bhairavan Parambil, Puthukalavattom, Elamakkara PO Kochi - 682026 Mob.9495716435.
2816. A.V.Ravindran, aged 67 Years, S/o Velu, retired Loco Pilot (Mail) KOLLAM, R/o Aashariparambil House, Neeleshwaram P.O. Kaladi, Ernakulam - 683574 Mob.8281589036
17. K.Shajahan, aged 65 years, S/o Khasim Bhava Rauthar, Retired Loco Pilot (Mail) Quilon R/o Harmony ARN-68, Thekkevila Near RailwaY Gate, Kollam - 691016 Mob.9447263847.
18. V.Ambujakshan, aged 78 years, S/o K.K.Krishnamenon, Retired Mail Guard/ERNAKULAM R/o Sunitha Niwas, Edappally North, AIMS-41 Kochi-682041 Mob.9400142596.
19. K.Ramakrishnan, aged 75 years, S/o T.Krishnan Nair, Retired Loco Pilot( Mail)/Ernakulam R/o Parayil House, Rayamangalam, Perumbavur, Ernakulam - 683541 Mob.9447986822.
20. R.Rajappan, aged B0 years, S/o Raman Kutty, Retired Loco Pilot Shunting/Ernakulam, R/o Rail Nagar, Rajavihar, Ponnurunni Vytilla PO, Kochi - 682019 Mob.9539898133.
21. Saji Zakaria, aged 63 years, S/o Zakaria Oommen, Retired Loco Pilot Shunting/Irumbanam R/o Vadakkethazhathil, 37/1023 M, Valarippadam Line, Rail Nagar l, Vytilla, Kochi 682019 29 Mob.9446375409.
22. P.K.Mohana Panickar, aged 65 years, S/o Govinda Pillai, Retired Loco Pilot(Mail)/Ernakulam, R/o Anizham House, Thalayar, Kuttoor, Tirvalla - 689106 Mob.9446015011
23. C.N.Ponnan, aged 67 Years, S/o Narayanan, Retired Loco Pilot Shunting/Ernakulam R/o Kadathilchira, Pampaymoola, Palluruthi, Kochi -682006 Mob.7766636309
24. A.Varghese, aged 64 Years, S/o D. Aralappan, Retired Loco Pilot(Mail)/Trivandrum R/o Mathew Kottage, RC Street, Neyyattinkara P. O.Thiruvananthapuram Mob.8136879325
25. Appukkuttan Nair, 64 Years, S/o. Padmanabhan Nair, Retired Loco Pilot Shunting/Nagercoil R/o Usha Bhawan, Karippur Vallakadavu, Malayankeezhu, THIRUVANANTHAPURAM-695571 Mob.9446412509
26. K.V. Devassy, aged 68 years, S/o K. D.Varghese, Retired Loco Pilot(Mail)/Ernakulam R/o Kovattil House, 31/1226-A, Ponnurunni Sahakarana Road, Vytilla PO, Ernakulam - 682019 Mob.9495336517
27. P.P.Varghese, aged 66 years, S/o T.S.Paili, Retired Loco Pilot (P)/Ernakulam R/o Thekkeputhenpurayil, Railnagar =2 Ponnurunni, Vytila PO Ernakulam - 682019 Mob.8943408409.
3028. C.R.Gopalakrishnan, aged 65 years, S/o Raman, Retired Loco Pilot(Goods)/Ernakulam R/o Chanthini Kattil House, Anandnagar, Kallekulangaram, Olavakodu, Palakkad - 678009 Mob.9037806764
29. K.V.Ravi, aged 66 years, S/o Viswanathan, Retired Loco Pilot(P)/Ernakulam R/o Karayil House, Chettiparambu, Irinjalakkuda, Thrissur -680121 Mob.9496239512
30. K.M,Mzathew, aged 73 years, S/o Ouseph Mathew, Retired Loco Plot (Passenger)/Ernakulam R/o Kallukulam House, Vadakkekara, Veroor, P.O. Changanassery - 686104 Mob.9495353240
31. K.S.Rajagopalan, 67 years, S/o Velu Nair, Retired Loco Pilot Shunting/Ernakulam R/o Kulathupallil House, Attoor P.O. Thrissur - 680583 Mob.9446088524
32. P.Balan, aged 64 years, S/o Pokkan, Retired Loco Pilot(Mail)/Ernakulam R/o Puthukkan House, PunchavaYal, Mottamal, Kannapuram, Kannur-670331 Mob.9495744232
33. R.Vijayan, aged 72 Years, S/o KRajan, Retired Loco Pilot Shunting/Ernakulam R/o Shubha Nagar, 4/l Avarampalayam, Ganapathy P.O. Coimbatore -641006 Mob.9629031478
34. P.V.Ramachandran, aged 74 Years, S/o T.Madhava menon, Retired Loco Pilot(Mail) Ernakulam South, 31 R/o Parambil Puthenveedu, Kavalappara, Shornur -679523 Mob.9447986229
35. P.N.Somarajan Pillai, 74 years, S/o P.Narayana Pillai, Retired LOCO PILOT(MAIL)/QLN R/o Sreemangalam, Umayanallur Estate P.O. Kollam - 681589 Mob.9447362743
36. C.Raju, aged 66 years, S/o N.Chellappan Pillai, Retired Loco Pilot(Mail)/Kollam R/o Shivashakthi, Sreenarayanapuram, Vadakkevila Nagar, House No.B/4 Vadakkevilla PO, Kollam - 691010 Mob.9995898216
37. C.Sashilal, 67 years, S/o N.Chellappan Pillai, Retired Loco Pilot Shunting/Kollam R/o Lakshmi Bhawan, Vadakkevila Nagar-29 Vadakkevila PO, Kollam =691010 Mob9567068123
38. P.Sashidharan, aged 74 years, S/o Padmanabhan, Retired Loco Pilot(Mail)/Kollam R/O Sreechithira, Mundakkal, Kollam - 691001 Mob.9847777429
39. M.Sethumandhavan, 67 years, S/o M.Krishnan Nair, Retired Mail Guard/ERNAKULAM R/o Soubhagya Melmuri P.O. Malappuram District - 676517 Mob.8547254449
40. P.K.Bhaskaran, 81 years, S/o V.Kochukuttan, Retired LP(P)/ERNAKULAM R/o Parambikkattil House, R.S.Road, Irinjalakkuda, Thrissur - 680121 32 Mob.9447833709
41. K.Radhakrishnan, 65 Years, S/o K.Narayanan Nair, Retired Loco Pilot(Passenger)/ERNAKULAM R/o Revathi Niwas, Alakkaparambil Road, Ponnekara, AIMS, Ernakulam - 682041 Mob.8075904213.
42. U.Balan, aged 66 Years, Retired Passenger Guard/ERNAKULAM R/o Bzalapadam, Koothapady Temple Road, Thammanam, Kochi -682032 Mob.9446140149
43. P.S.George, aged 67 Years, S/o P.A.Saamuel, Retired LP(P)/ERNAKULAM R/o Puthenparambil, Udaya road, River Lane, Thykkoodam, Vyittila, Kochi-682019 Mob.9447620304
44. C.Subramanyam, 66 years, S/o C.Palli, Retired LP(P)/ERNAKULAM, R/o Mundanvelil, Kochi - 682507 Mob.9446488867
45. T.J.George, 79 years, S/o T.V.Joseph, Retired Loco Pilot(Mail)/Shornur R/o B-3, Pentark South Parke, Kannamangalam, Thrissur - 682007 Mob8301976592
46. P.Sukumaran, aged 76 years, S/o Govinda Menon, Retired LOCO Pilot(Mail)/Shornur, R/o Pallicadathu House, Poolany, meloor, Chalakkudy - 680311 Mob.8547339653 33
47. P.Unnikrishnan, aged 75 years, S/o TIR, Tharavanar, Retired Loco Pilot(Mail)/Shornur, R/o Peringonttu Kurizy, Palakkad-678103 Landline 0492-3228350.
48. K.Gangadharan, aged 65 years, S/o K.Keshavan Nair, Retired LP(P)/ERNAKULAM R/o Vilayathu Kallazhy House, Puthussery, Cheruthuruthi, Thrissur - 679531 Mob.9895399743.
49. T.S.Mathews, aged 78 years, S/o T. Samuel, Retired Loco Pilot(Mail)/Kollam R/o Santhosh Bhawan, Edathara Junction, Kalanjoor, Kollam - 689694 Mob.9544361907
50. T.M.Chacko, aged 78 Years, S/o TM Mathew, Retired Loco Pilot(Mail)/Kollam, R/o Thaikkottathil House, Elampal P.O. Kollam -691322 Mob.9496085698
51. N.Parameshwaran Nair, aged 68 years' S/o Narayanan Nair, Retired Loco Pilot(Goods)/Kollam R/o Elambilal Veedu, Kura P.O. Chengmanadu - 691557 Landline 0475-23247994
52. K.Sadashivan Nair, aged 79 Years, S/o K.Kuttan Pillai, Retired Loco Pilot Shunting/Nagercoil R/O Puthuvel Puthenveedu, West Kulangara, Karikkakom P.O. District Trivandrum - 695007 Mob.9847562453 34
53. N.Velayudhan Nair, aged 78 years, S/o Narayanan Nair, Retired Loco Pilot(P)/KOLLAM R/o Thoppil Kizhekkethil, Punnathala Ward, Thirumullavaram, Kollam - 691012 Landline -04742792009
54. N.Nalarajan, aged 84 years, S/o R.Nannu, Retired LP(P)/KOLLAM R/o Cherukanjiram Vila, Keralapuram, Vellimon P.O. Kollam - 691511 Mob.8129571983
55. G.Bhaskaran Nair, aged 76 years, S/o Gopalan Nair, Retired Loco Pilot Shunting/Trivandrum R/o Ambadi, Valiyapadam, VelantharaP.O,. Shasthamkotta, Kollam - 690521
56. K.Gopalakrishnan, aged 74 years, S/o Kunju Pillai, Retired LPIKOLLAM, R/o Sneha Nagar, 127 Ammu Bhawan, Iravipuram P.O. Kollam - 691011 Mob.8606462891
57. Jaya Thilak P., aged 74 years, S/o Parameshwaran P., Retired Loco Pilot(Mail)/Kollam, R/o Kamalamandiram, Near TKM CP School, Peroor P.O. Kollam - 691005 Mob.9567393331.
58. P.Kunjikrishnan, aged 73 Years, S/o M.Padmanabhan, Retired Loco Pilot Shunting/Kollam R/o Narayani Bhawan, Kureepuzha, Perinade, Kollam - 691604 Mob.9526515344
59. J.Hilari, aged 74 Years, S/o Joseph John, Retired Loco Pilot(Mail)/Kollam R/o Hilson Cottage, Near Vellimon Convent UPAS, 35 Vellimon West PO.Kundara, Kollam-691511 Mob.9846013460
60. M.Ramachandran, 79 Years, S/o Madhavan, Retired Shunter/KOLLAM R/o Bose Bhawan, KanjiramkuzhY, Perunad P.O. Kollam-691401 Mob. 9496268884
61. P.Prabhakaran Pillai, 79 Years, S/o Pachan Pillai, Retired Loco Pilot (P)/KOLLAM R/o Jaya Bhawan, H.S.Road, Edava PO Trivandrum-695311 Mob. 9746148075
62. S. Sudarsanan, aged 80 years, S/o. Sanku, Retired Loco Pilot (P)/Kollam, R/o. Santhas Bhawan, Pannamoode Nagar 4, Thekkumbhagam, Eravipuram PO, Kollam - 691 011, Mob. Nil. ..... Applicants (By Advocates : Mr. T.C. Govindaswamy & Mrs. Kala T. Gopi) Versus
1. Union of India, represented by the Secretary to the Government of India Ministry of Railways, and Chairman, Railway Board, Rail Bhavan, New Delhi-110 001.
2. The Secretary Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners' Welfare, Lok Nzayak Bhawan, Khan Market New Delhi - 110 003.
3. The General Manager, Southern Railway, Headquarter Ernakulam Office, Park Town P.O., Chennai -600 003.
364. The Divisional Railway Manager, Southern Railway, Palakkad Division, Palakkad- 678002.
5. The General Manager, South Western Railway, Headquarter Ernakulam Office, Hubli Karnataka state- 580029
5. The Divisional Railway Manager, Southern Railway, Trivandrum Division, Trivandrum -695014.
6. The Divisional Railway Manager, Southern Western Railway, Bengaluru-560 001 ..... Respondents (By Advocate : Mrs. O.M. Shalina, SCGSC)
5. Original Application No. 180/00406/2020 -
1. All India Retired Running Staff Association, represented by General Secretary, Sri. A.V.S. Prasad, S/o. A.V. Subba Sharma, aged 78, Retd. Mail Guard, Renigunta, Guntakal Division, South Central Railway. M:9247264252.
2. Thomas T. Kallukalam, aged 67 years, S/o. Thomas .J. Kallukalam, Retd. Guard (Mail),Shornur, residing at Ruby Nagar, Yazhapdly East, Changanacherry, Kottayam Dist- 686103. M: 9562441307.
3. V.P.Balan, aged 74 years, s/o. V.P.Unneri, Retd. Guard (Mail), Kannur, residing at Valiaparambil House, Edakulam P.O, via Koyilandi, Kozhikode- 673306 M: 9497081616.
374. P.V.Rajan, aged 72 years, S/o. Velayudhan, Retd. Guard (Passenger),Trivandrum, residing at Onjipadath Kodumballoor West, Aluva P.O, 683110. M: 8589956843
5. C.S.Sukumaran Nair, aged 79 years, S/O. Sankunny Pillai, retd.
Guard (Passenger) Trivandrum, residing at Kaitharadath House,Thottakom P.O, Vaika, -686607, M: 8606678637.
6. V.V. Gangadharan, aged 68 years, S/o. V.V. Raman, Retd. Guard (Mail), Trivandrum, residing at Murali ka chemmayath Road, Kallamparambu, Error P.O, Ernakulam-682306 M: 9895154143.
7. C. Jayarajan, aged 65 years, S/o. Sekharan, Retd. Guard (Mail), Shornur, residing at Chathamvalli House, Kavalapara P.O, Shornur, Palakkad-679523 M: 9497164135.
8. P. Rajagopal, aged 78 years, S/o. P.I.Nair, Retd. LP (Mail), Palakkad, residing at A.K.N. Kalam, Chimbukad, Kuthanur P.O, Palakkad-678721 M: 892195461l.
9. K.S.Hameed, aged 66 years, S/o. Syedali, Senior Asst. loco Pilot, Shornur, residing at Pavot Pararnbil House, Mankara, Palakkad- 678613 M:9447941674.
10. K. Sasidharan Nair, aged 74 years, S/o. Krishna Pillai, Retd. Loco Pilot (Mail) Trivandrum, residing at K.S.Bhavan, T.C 39 /1126, Kottamvila Road, Vattoyoorkavu, Trivandrum-695013 LL:04712362830.
11. P. Santhosh Kumar, aged 54 years, S/o. V. Purushothaman, Retd. Loco Pilot (Goods) Kollam, residing at Mapillaprambil House, Thottappally P.P, Alapuzha-688561 M: 7561055654.
12. P.Chandhanavalsalan, aged 67 years, S/o. P. Andi, Retd. Loco Pilot Ernakulam, residing at Vasantha Nivas, near panchayath, Mundoor P.O, Palakkad-678592, M: 9446512119. ..... Applicants 38 (By Advocates : Mr. T.C. Govindaswamy & Mrs. Kala T. Gopi) Versus
1. Union of India, represented by the Secretary to the Government of India Ministry of Railways, and Chairman, Railway Board, Rail Bhavan, New Delhl-110 001.
2. The Secretary Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners' Welfare, Lok Nzayak Bhawan, Khan Market New Delhl- 110 003.
3. The General Manager, Southern Railway, Headquarters Office, Park Town P.O., Chennai -600 003.
4. The Divisional Railway Manager, Southern Railway, Divisional Railway Managers' Office, Palakkad Division, Palakkad- 678002.
5. The Divisional Railway Manager, Southern Railway, Divisional Railway Managers Office, Trivandrum Division, Trivandrum -695074. ..... Respondents (By Advocate : Mrs. O.M. Shalina, SCGSC) These Original Applications having been heard on 24.07.2023, the Tribunal on 25.08.2023 delivered the following:
39Common O R D E R Per: Justice Sunil Thomas, Judicial Member -
The individual applicants in all the above OAs are Loco/Traffic Running Staff (Loco Pilots/Guards) who have retired from various divisions under the Southern Railway and South Western Railway prior to 1.1.2016 and settled in Kerala. The first applicant in OA No. 406 of 2020 is an All India Association of Retired Running Staff, represented by the Secretary. All individual applicants are stated to be the members of the said association.
2. All the above individual applicants belonged to a group of Railway employees known as running staff, who by their nature of duties attached to them, as Loco Pilots, Guards, etc. used to travel in the train. All of them had retired while their pay scales were regulated by IVth, Vth and VIth Pay Commission Reports. The above OAs are filed to get Annexure A1 RBE No. 13/2018 dated 24.1.2018, Annexure A2 OM dated 4.12.2018 issued by the Ministry of Personnel, Public Grievances and Pension and Annexure A3 letter dated 17.10.2019, issued by the Railway Board, quashed. The purport of the above orders was that, for the purpose of revision of pension of running staff with effect from 1.1.2016, the pay 40 element "at the time of retirement alone would be taken into consideration" and pay element at the time of each intervening Pay Commission scale of pay, up to 1.1.2016, when the VIIth Pay Commission came into effect cannot be reckoned to calculate the pay element of 55% for the retired staff, quashed. OA's also sought a declaration that the applicants are eligible to have their pension revised with effect from 1.1.2016, by notionally fixing their pay as on 1.1.2006 and 1.1.2016 as the case may be and by adding 55% of the basic pay so arrived and by treating the said amount as average emoluments for calculating the monthly pension. By Annexure A1, the Railway Board clarified that for the purpose of pension the emoluments (basic pay plus 55% thereof) at the time of retirement would be taken as reference basic pay for the further notional fixation of pay in the subsequent CPC periods.
3. OA 880 of 2019 is treated as the leading case and the documents will hereinafter be referred to, in the order, as marked in the said OA.
4. Before adverting to the rival contentions and the claim set up by the applicant, it is essential to refer to the few definition clauses which are stated to be applicable to the issues involved.41
5. Under Rule 1303 of the Indian Railway Establishment Code, Volume-II (FR9), pay is defined as "(i) the pay other than the special pay or pay granted in view of his present qualification which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled to by reason of his position in a cadre,
ii) overseas pay, special pay and personal pay; and (iii) any other emoluments which may be specifically classified as pay by the President". In terms of paragraph 903 of Indian Railway Establishment Manual, Volume-I, "30% of the basic pay of the running staff will be treated to be in the nature of pay representing the pay element in the Running Allowance. This pay element would fall under clause (iii) of Rule 1303/FR-9 21(a) i.e. "emoluments which are specially classified as pay by the President"". By virtue of paragraph 924 of Indian Railway Establishment Manual, Volume-I, in terms of sub-para (iii) of paragraph 924, "for the purpose of retirement benefits, 55% of basic pay shall be taken into account in the case of running staff retired/retiring on or after 1-4-1979".
6. Hence, for the purpose of retirement benefits, 55% of the basic pay shall count as pay, for calculating pension and Death Cum Retirement 42 Gratuity (DCRG) as well as for special contribution to the Provident Fund Rules. In the light of the provisions of the above Rules, when the applicants retired from service, the emoluments for the purpose of pension was basic pay plus 55% of the basic pay.
7. Annexure A1 was issued by the Railway Board dated 24.1.2018 in implementation of the recommendation of the VIIth Pay Commission relating to the revision of pension of pre-2016 retired running staff. It refers to an earlier instruction issued by the Board dated 12.5.2017 and circulated for compliance, which provided that the revised pension/family pension with effect from 1.1.2016 in respect of all central civil pensioners/family pensioners who retired/died prior to 1.1.2016 may be revised by notionally fixing their pay in the pay matrix recommended by the VIIth CPC, in the level corresponding to the pay in the pay salary/pay band and Grade Pay at which they have retired. It was to be done by notional pay fixation under each intervening Pay Commissions based on the formulae for revision of pay. While fixing the pay on notional basis, the pay fixation formulae approved by the Government and other relevant instruction on the subject in force was liable to be followed. 50% of the notional pay fixed as above shall be the revised pension as on 1.1.2016 43 and 30% of this notional pay shall be the revised family pension with effect from 1.1.2016. Department of Pension and Pensioners' Welfare had issued separate concordance table for fixation of pay and pension/family pension of such employees.
8. Pursuant to it there were several requests of Associations requesting to issue separate concordance tables for running staff, who retired during the IVth, Vth and VIth Pay Commissions duly taking into account the pay element at the rate of 55% of the basic pay for the purpose of fixation of notional pay/pension/family pension with effect from 1.1.2016. The operative portion of the said Annexure A1 OM at paragraph 4 reads as follows:
"4. The above issue has been examined in consultation with Pay Commission Directorate of Board. The pay of the Running Staff is deemed to be 'depressed' vis-à-vis the Non-running Staff and the measure of depression is called the pay element. As per extant instructions, 30% pay element is reckoned for in service benefits and 55% pay element is reckoned for retirement benefits. However, once the deemed depression has been made good by adding the pay element to the basic pay of the running staff (e.g. on posting to statutory posts, medical decategorisation, retirement, etc.), benefits specifically admissible to the running staff (on account of depression in pay) are not admissible to them. To illustrate this it would be worthwhile to note that a running staff is entitled to Dearness Allowance on the pay plus 30% pay element. However, a retired running staff gets Dearness Relief only on the pension drawn (pension which has been fixed taking in to account 55% pay element) and for this purpose pay element is NOT reckoned, once again. Therefore, the emoluments (basic pay plus 55% thereof) at the time of retirement would be taken as reference basic pay for further notional 44 fixation of pay in the subsequent CPC periods as per other (non- running) staff."
9. Annexure A2 is an Office Memorandum dated 4.12.2018 of the Department of Pension and Pensioners' Welfare. The above OM was issued in the background of the communication issued by the Ministry of Railways dated 5.11.2018, in relation to the grievances raised by the Association which was examined in the background of the judgment of the Hon'ble Supreme Court in Transfer Case (Civil) No. 106/2006 -
Union of India v. S.R. Dhingra & Ors. The OM stated that it agreed with the judgment of the Hon'ble Supreme Court and the views of the Railway Board that for the purpose of revision of pension of running staff with effect from 1.1.2016, the element of running allowance may not be considered for fixation of notional basic pay in the Pay Commissions subsequent to the date of retirement/death of the running staff personnel.
Railway Board was requested to consult the Department of Expenditure also. Annexure A3 is a communication issued by the Railway Board dated 17.10.2019 to the General Secretary of National Federation of Indian Railwaymen. It was informed that with reference to the representations received regarding the question of running allowance in the context of revision consequent to the VIIth Pay Commission, 45 Department of Pension and Pensioners' Welfare and Department of Expenditure agreed with the view of Railway Board that for the purpose of revision of pension of running staff with effect from 1.1.2016, the element of running allowance may not be considered for fixation of notional basic pay in the Pay Commissions subsequent to the date of retirement/death of the running staff personnel. Department of Expenditure had informed that the issue basically related to the Department of Pension and Pensioners' Welfare and that the Ministry of Railways may take an appropriate view depending on the views of Department of Pension and Pensioners' Welfare. It was stated that the issue has been considered by the Board and it has been decided to continue with the instructions dated 24.1.2018 and treat it as final.
10. The above three Annexures are sought to be quashed on the premise that they are violative of the Articles 14 and 16 of the Constitution of India and on the various grounds raised in the OA.
11. The specific contention of the Railways was that the claim set up by the applicants are not sustainable in the light of the judgment of the Supreme Court in S.R. Dhingra's case (supra). On the other hand, it was 46 contended by the learned counsel for the applicants that S.R. Dhingra's case (supra) was no longer applicable in the light of the decision of the Supreme Court in K.C. Bajaj v. Union of India [CA Nos. 10640-46 of 2013]. A copy of the S.R. Dhingra's case (supra) was produced as Annexure A20 and the judgment of the Supreme Court in K.C. Bajaj's case (supra) was produced as Annexure A23. In S.R. Dhingra's case (supra) an identical issue came up before the Supreme Court. It related to the pension of running staff who had retired prior to 1986. In that case to implement recommendation of 5th Pay Commission to give parity to the pre-1986 retirees with the post-1986 retirees, it was decided to fix the pay of the pre-1986 retirees as on 1.1.1986. It was specifically provided that the pay so fixed would be treated as average emoluments. Accordingly, on 10.2.1998 a further Office Memorandum was issued providing for fixation of notional pay of all Government servants retired prior to 1.1.1986, as on 1.1.1986. The pay was to be fixed on notional basis in the scale revised with effect from 1.1.1986. It was provided that the provisional pay so arrived as on 1.1.1986 shall be treated as average emolument for the purpose of calculation of pension and accordingly the pension shall be calculated as on 1.1.1986 as per the pension formula.
4712. The stand of the Union of India was that it was very clear that what was to be fixed was the pay on notional basis and pay according to the Rules does not include running allowance. However, running allowance was a relevant factor for calculating average emoluments. OM clearly provided that notional pay so arrived at will be treated as average emoluments meaning thereby that all other elements provided in the concerned Rule would have been added to pay for arriving at average emoluments. On an evaluation of the entire factual matrix, the Supreme Court affirmed that the benefit of running allowance has to be taken into consideration for computing pension only once. It had been taken into consideration while fixing the pension at the time of the retirement. It was held that it was not required to be taken into account again for any future calculation.
13. In K.C. Bajaj's case (supra), the issue related to Non-Practicing Allowance (NPA) payable to doctors employed in Central Health Services, Railways and other Departments, who had retired from service prior to 1.1.1996. They were paid Non Practicing Allowance (NPA) as part of their monthly pay, in lieu of private practice. The Vth Pay Commission revised the formula of calculating of NPA and it was made 48 25% of the basic pay of the Government doctor. Before the Supreme Court the circulars dated 11.9.2001 and 7.4.1998 issued by the Department of Pension and Pensioners' Welfare and the circular dated 7.6.1999 issued by the Defence Ministry were in question. The Supreme Court noticed that the most striking difference between OM dated 7.4.1998 issued by the Department of Pension & Pensioners' Welfare and the circular dated 7.6.1999 issued by the Defence Ministry was that the decision of the President conveyed in OM dated 7.4.1998 was that NPA shall count as pay for all service benefits including retirement benefits, but no such decision was contained in the circular dated 7.6.1999.
Accordingly, it was held that the clarification issued by the Ministry of Defence by circular dated 11.9.2001 cannot be equated with OM dated 29.10.1999 which had the effect of modifying the decision of the President but was issued without his approval. Decision was strictly on this legal issue.
14. The claim for payment of running allowance to the Railway employees has a chequered history. The scope, ambit and the purpose of payment of running allowance has been dealt with in the report of the Committee on Running Allowances constituted by the Ministry of 49 Railways, Government of India in 1980. Annexure A24 is the relevant part of the above report relating to the running allowance of the employees. The Committee opined that it was a fair proposition to say that the arduousness and uncertain hours of work entailed in performance of running duties over a long period of time, should be properly reflected in the quantum of pension admissible when running staff retire from posts involving such duties. Accordingly, it was held that there was justification in making provision for payment of running allowance. The Committee quantified the pay element in running allowance and evolved a clear methodology for arriving at the rate of running allowance.
15. Running allowance was granted to running staff apart from salary.
Computation of Pension after retirement in the Railways was made on the basis of average emoluments plus a part of running allowance, which was included in average emoluments in terms of Rule 2544(g) of Indian Railway Establishment Code (IREC). Paragraph 4 of Annexure A20 indicates that earlier, up to 75% of pay and other allowances was added as running allowance to the pay for computing pension, by virtue of Rule 2544(g) of IREC. Thereafter by notification dated 5.12.1998 Rule 2544 of IREC was amended and maximum limit of running allowance was 50 fixed at 45% in the revised scale of pay. By another amendment it was raised to 55% of the average pay.
16. The Committee on Running Allowance by Annexure A24(a) had considered the question of running allowance and the extent of running allowance to be reckoned as pay. The Committee held the view that unless the circumstances justified a different statement, 30% of the basic pay of the running staff concerned should be reckoned as pay for the purposes for which it has been specified in that regard. The Committee held that after careful consideration of the types of cases in which the exception should be made from the above proposition, it was of the view that the exception from the above conclusion was warranted only in respect of retirement benefits, regulation of dearness allowance and liability to income tax for the reasons explained in the report. It noted that at present the running allowance actually drawn was subject to a maximum of 45% of the basic pay of the running staff which was reckoned as pay for the purpose of retirement benefits. Many of the labour unions had claimed that the percentage of 45% was very low in the case of running staff, especially, in view of the arduous nature of running duties and in view of the uncertain and unregulated hours of work which 51 many of the staff of running are put to. Considering these aspects, committee made certain suggestions.
17. Annexure A22 is the RBE No. 318/99 communication regarding the implementation of the Vth Central Pay Commission in relation to running allowance admissible to Railway pensioners. Pursuant to the implementation of the Vth Central Pay Commission, representations were submitted by various employees/organizations of pensioners, for taking into consideration the running allowance at the then existing rates for being added to the pay re-fixed on notional basis as on 01.01.1986 and also to add the running allowance at the revised rates to the minimum of the revised pay scale of pay while considering stepping up of consolidated pension on 01.01.1986. It was observed that running allowance did not form part of scales of pay. It was a separate element, though taken into account for computation of pension. It further noted that by virtue of the provisions contained in the communication of the Board dated 15.01.1999 with effect from 01.01.1996, pension/family pension in respect of all pensioners irrespective of the date of retirement shall not be less than 50%/30% of the minimum pay in the revised pay scale of pay introduced with effect from 01.01.1996. The Board, held that 52 for revision of pension of pre-1986 pensioners in terms of DoP&PW's OM dated 10.02.1998 circulated on the Railways on 10.03.1998, the notional pay finally fixed as on 01.01.1986 shall only be treated as average emoluments for calculation of pension in terms of those orders and the pension shall be calculated as on 01.01.1986 as per the pension formula then prescribed. The circular clarified that running allowance was not to be taken into consideration after re-fixation of pay on notional basis on 01.01.1986 in terms of DoP&PW's OM No.45/86/97- P&PW(A)Pt-III dated 10.02.1998. It was further clarified that running allowance was not to be added to the minimum of the revised pay scale as on 01.01.1996 in the case where consolidated pension/family pension was to be stepped up to 50%/30% in terms of Board's letter dated 15.01.1999.
Annexure A22 was the subject matter of consideration in S.R. Dhingra's case (supra).
18. In S.R. Dhingra's case (supra) the Railway Board OM dated 29.12.1999 clarifying that while fixing the pay consequent to pay revision, running allowance was not to be added again was in question.
After an evaluation of the basic contention of the applicants therein that they are entitled for computation of running allowance on the basis of the 53 successive pay revisions and that they are entitled for such benefit which was akin to the non-performing allowance available to Railway Medical Officers, the Court concluded that the benefit of running allowance has to be taken into consideration for computing pension only once. It had been taken into consideration while fixing pension of the employees at the time of their retirement. It was affirmed that it was not required to be taken into account for any future calculation. Regarding the claim that such benefits was taken to the NPA of the medical officers, it was held that the nature of running allowance was not similar to that of the non-practicing allowance and the Railway Board issued instructions dated 29.12.1999 clarifying that running allowance was not to be added to the pre-1986 retirees revised on notional basis as on 01.01.1986.
19. The learned counsel for the applicants vehemently contended that the component of running allowance has to be added in pay whenever a revision arose as it occurred in 2006, 2016 and thereafter, and placed reliance on the concept of Non-Practicing Allowance admissible to medical officers. It was contended that non-practicing allowance applicable to medical officers and running allowance applicable to the running staff were identical and there as absolutely no justification in 54 weighing two allowances in different slabs by the administration. It was contended that various orders issued by the Railways, specifically Annexures A11 and A25 would show that NPA and running allowance were treated at par.
20. The learned counsel for the applicants sought reliance on Annexure A23 wherein it was held that NPA was granted to the doctors who were employed in CGHS, Government of India or Railways as a part of their monthly pay in lieu of private practice, availability of less promotional avenues and later entry in the service. It was paid initially at a fixed rate commensurate with the rank of the doctors and their pay scale. The same formula was adopted by the successive Pay Commissions. The Vth Pay Commission revised the formula of calculating NPA and it was made 25% of the basic pay of the Government employee. By OM dated 7.4.1998 the Department of Pension and Pensioners' Welfare fixed NPA rate at 25% of the basic pay which had triggered a few orders thereafter which led to Annexure A23 judgment of the Hon'ble Supreme Court in K.C. Bajaj's case (supra).
5521. In S.R. Dhingra's case (supra) [Annexure A20] it was noted by the Supreme Court that in the case of medical officers, Department of Pension and Pensioners' Welfare had already clarified by OM dated 12.10.1999 that the Non-Practicing Allowance which was already taken into account for calculating pension and other benefits at the time of retirement was not to be added to the pay of the pre-retirees revised on notional basis. The learned counsel laid heavy emphasis on a stray sentence in the above judgment at paragraph 22 that the nature of running allowance is similar to that of Non-Practicing Allowance and the Railway Board had issued Annexure A22 instructions clarifying that running allowance was not to be added to pre-1986 retirees revised on notional basis as on 1.1.1986. Though there is such an observation in the judgment, it is not in any manner reflected in the final outcome of the decision. Virtually, stand of the Railway that running allowance has to be taken into consideration only once while fixing pension and not again in future calculation, was accepted.
22. At paragraph 4 of Annexure A18 Office Memorandum dated 5.11.2018 issued by the Railway Board, the claim based on a comparison between doctors drawing NPA and that of running allowance was 56 analysed. It was pointed out that the position was not analogous. While NPA was indeed added to the basic pay of doctors and was therefore actually drawn, the running component in case of running staff was only a notional addition reckoned for a defined set of purposes. Further it was noticed that a running staff requires to fulfill suitability and medical conditions for being treated as running staff and operate trains, unlike doctors for treating the patients. A running staff after superannuation cannot be continued to be treated as such for all practical purposes. Those two were not equivalent, it was held.
23. Though the learned counsel for the applicants vehemently contended that the claim of running allowance was in pari materia with the Non-Practicing Allowance granted to the medical doctors and in the light of K.C. Bajaj's case (supra) the decision in S.R. Dhingra's case (supra) is of no relevance, essentially, the Non-Practicing Allowance cannot be equated with running allowance which is dependent on entirely different concepts. Both cannot be equated to each other. Secondly, K.C. Bajaj's case (supra) was decided on a technical ground that the circular issued was in excess of the Presidential order. Hence, it has no impact on the law laid down in S.R. Dhingra's case (supra) to the effect that 57 running allowance cannot be counted again for any future calculation, once it has been taken into consideration while fixing the pension at the time of retirement.
24. Evidently, though there is a vague reference in S.R. Dhingra's case (supra) that both are similar, except a broad similarity in the nature, both the criteria, mode of payment and the conditions to be satisfied are totally distinct in the case of Non-Practicing Allowance as well as the running allowance. Hence, a comparison as now sought to be made out by the learned counsel for the applicants cannot be accepted.
25. Annexure A2 office memorandum dated 4.12.2018 was issued by the Department of Pension and Pensioners' Welfare. It evidently seems to be based on the Railway Board's OM seeking for revision of pension with effect from 1.1.2016 in the case of running staff in the Railways.
The matter was examined in the light of S.R. Dhingra's case (supra) and the Department agreed with the view of the Railway Board that for the purpose of revision of pension of running staff with effect from 1.1.2016 the element of running allowance may not be considered for fixation of notional basic pay in the Pay Commission subsequent to the date of their 58 retirement/death of running staff/personnel. Annexure A3 is the Railway Board communication to the General Secretary of the Association of the Railwaymen dated 17.10.2019 wherein it was informed that the request for reconsideration for revision of pension of pre-2016 retired running staff, the element of running allowance may not be considered for fixation of notional basic pay in the Pay Commission subsequent to the date of retirement/death of running staff personnel. It was stated that the issue basically related to the Department of Pension and Pensioners' Welfare and the Ministry of Railways may take appropriate view in the matter. Accordingly, the matter was consulted with Ministry of Finance which had decided to continue with the existing instructions.
26. Annexure A16 is the office memorandum issued by the Railway Board dated 16.8.2018. By the above memorandum it was informed that the issue was examined by the Pay Commission Directorate of the Ministry of Railways and the issue was referred to the Ministry of Personnel, Public Grievances and Pension and the Department of Pension and Pensioners' Welfare. A note was attached to the above in which the concept of pay element was discussed in detail. It reads thus:
59"5. The concept of pay element is based on a presumption that the Running staff are being paid depressed pay/pay scales than what they would have been entitled to. The present rates of Pay element viz. 30% for various allowances and 55% for retirement benefits are based on the recommendations of 'Committee on Running Allowance' which had submitted report in 1980 (during 3rd CPC regime). A review of the existing system and prevailing rates was made by 'Committee on Running allowance 2002' which had submitted report in July, 2005 (i.e. prior to submission of report by 6th CPC). The Committee in Chapter II of their report, had analysed the current extent of depression of pay/pay scale after grant of revised (5th CPC Scales) and thereafter merger of DA with Basic Pay as DP in 2004 and had concluded that there was very meager exent of depression (ranging from 1.38% to 8.28%) left as calculated by comparing the mean of pay scale of Running staff vis-à-vis comparable non-running pay scale. Nevertheless the Committee had recommended revised rate of 10% of pay element for various allowances and 20% for retirement benefits. However, it was not accepted by the Railway Board due to opposition from the Federations. 5.1 Therefore, the quantum of pay element for various allowances and retirement benefits continues to be @30% and 55% respectively which was fixed after recommendations of Running Allowance Committee 1980 based on position prevailing then. 5.2 Subsequent to report of 'Committee on Running Allowance 2002', there have been further liberalizations / mergers / upgradations due to implementation of recommendations of 6th and 7th CPC recommendations and cadre restructuring and benefit of the rationalized pay structures and modified fixation formula has been granted to the running staff. The serving running staff continue to get the benefit of the existing rates of pay element for various allowances and pensionary benefits apart from add on benefit in the form of higher fixation whenever there is a new pay commission structure of pay............ "
27. Annexure A17 is the reply of the Department of Pension and Pensioners' Welfare to the Annexure A16 OM. It was held that the case of running staff in the Railway would appear to be identical to the case of retired medical officers. In both cases the pay fixation formula was 60 unique and additional percentage of NPA/allowance was added to the basic pay of serving employees. The formula for fixation of pay in respect of medical officers has also been adopted for the purpose of notional pay fixation and fixation of pension with effect from 1.1.2016.
Hence, it was indicated that there seems to be substance in the arguments of the running staff of Railways and their unions to follow the same principle in the case of retired medical officers. However, it was stated that Railways follow separate set of rules for fixation of pension of the Railway employees. The concept of running staff and running allowance was also unique in the Railway Department and was not prevalent in any other Department. Hence, the Railway Board was requested to take a considered decision regarding the matter. Accordingly, the matter was left to be decided by the Railway Board. Consequently, the Railway Board by another circular dated 5.11.2018 referred to the S.R. Dhingra's case (supra) and pointed out that as regards comparison with regard to doctors drawing NPA, the position was not analogous. It was held that while NPA was indeed added to the basic pay of doctors and was therefore, actually drawn, the running component in the case of running staff was only a notional addition reckoned for a defined set of purposes. Further, running 61 staff requests to fulfil suitability and medical conditions for being treated as running staff and operate trains unlike doctors. Subsequently, the Ministry of Expenditure by Annexure A19 OM dated 7.5.2019 informed that the Department of Expenditure was not consulted by the Ministry of Railways regarding revision of pre-1.1.1996 retirees of running staff.
Hence, the Ministry of Railways was directed to take an appropriate view.
28. However, by Annexures A1 and A3 a definite stand was taken by Railway Board that 30% of the element was reckoned for in service benefits and 55% of the pay element was reckoned for retirement benefits and once the deemed depression has been made good by adding the pay element to the basic pay of running staff, benefits admissible to running staff was not admissible to them. This is under challenge in the present proceedings.
29. The entire facts narrated above clearly show that the consistent stand taken by the Railway Board was that the pay element was reckoned for retirement purposes only. At no point of time Railway Board had taken a decision that it should be reckoned whenever there is an 62 appropriate alteration in the pension. Justifiably, it is based on a logical reasoning that it would amount to double benefits. This has been the consistent view taken. In S.R. Dhingra's case (supra) the Supreme Court took the definite view that the benefit of running allowance has to be taken into consideration for computing pension only once. It had been taken into consideration while fixing the pension of the respondents at the time of retirement and hence it was not required to be taken again for any future calculations. This decision has become final and conclusive. This view taken by the Supreme Court seems to be consistent with the logic that otherwise it may amount to double benefits being granted to retired employees, which cannot be permitted. This view cannot be negated by the decision in K.C. Bajaj's case (supra).
30. The benefit of reckoning running allowance at every stage of pay fixation consequent to pay revision has to be considered specifically by the Pay Commission which is the expert body for making such recommendations into complex issues of grant of allowances and benefits to employees/pensioners. In the absence of such a recommendation this Tribunal cannot grant any relief. This is especially so, since the issue has now been set at rest by S.R. Dhingra's case (supra).
6331. Having evaluated the entire aspects in the above perspective, I find no reason to grant any of the relief sought by the applicants. OAs fail and are accordingly, dismissed. No order as to costs.
(JUSTICE SUNIL THOMAS) JUDICIAL MEMBER "SA"
64Original Application No. 180/00755/2018 APPLICANTS' ANNEXURES Annexure A1: True copy of the OM dated 12.05.2017 issued by the Ministry of Personnel, PG and Pension, Department of Pension and Pensioners Welfare.
Annexure A2: True copy of the Annexure C of RBE No.93 of 2016 Annexure A3 : True copy of the Railway Board Order RBE NO.13 of 2018 dated 24.01.2018 Annexure A4: True copy of the representation submitted by the 1st applicant Annexure A5: True extracted copy of Civil Service (Revised) Pay Rules, 1997.
Annexure A6: True extracted copy Railway Service (Revised) Pay Rules, 2008.
RESPONDENTS' ANNEXURES Nil Original Application No. 180/00880/2019 APPLICANTS' ANNEXURES Annexure A1: True copy of order bearing RBE No. 13/2018/8 dated 24.1.2018.
Annexure A2: True copy of office memorandum bearing No. 38/17/16-P&PW(A) dated 4.12.2018 (with typed copy).
Annexure A3: True copy of letter No. D-43/34/2017-F(E)III dated 65 17.10.2019.
Annexure A4: True copy of chart containing details of the applicant material for consideration of the issue in the original application.
Annexure A5: True copy of the relevant extracts of para 924 of the Indian Railway Establishment Manual Vol.I. Annexure A6: True copy of Railway Board order bearing No. E(P&A)II-2015/RS/-25 dated 24.1.2017.
Annexure A7: True copy of the extracts of para 10.1.53 to 10.1.69 of the Seventh Central Pay Commission.
Annexure A8: True copy of the Railway Board order bearing No. RBE/97/2016 dated 10.8.2016.
Annexure A9: True copy of the Railway Board order bearing RBE No.49/2017 dated 22.5.2017.
Annexure A10: True copy of Railway Board's order RBE No. 109/2008 dated 12.9.2018.
Annexure A11: True copy of the Railway Board order RBE No. 93/2016 dated 2.8.2016.
Annexure A12: True copy of the Railway Board order bearing RBE No.99/2017 dated 21.8.2017.
Annexure A13: True copy of the chart indicating the disparity as regards one of the applicants (as an example).
Annexure A14: True copy of the representation submitted by All India Loco Running Staff Association dated 13.2.2018.
Annexure A15: True copy of office memorandum No. D-43/34/2017- F(E)(III) dated 23.5.2018.
66Annexure A16: True copy of office memorandum bearing No. D-
43/34/2017-F(E)(III) dated 16.8.2018.
Annexure A17: True copy of office memorandum bearing No. 38/17/18/P&PW(A) dated 14th Sept. 2018.
Annexure A18: True copy of office memorandum bearing No. D-
43/34/2017-F(E)III dated 5.11.2018.
Annexure A19: True copy of the office memorandum bearing F. No. 1(5)/EV/2019 dated 7.5.2019.
Annexure A20: True copy of the Hon'ble Apex Court judgment in UOI versus S.R. Dhingra dated 14.12.2007.
Annexure A21: True copy of RBE order No. 289/99 darted 12.11.1999.
Annexure A22: True copy of the Railway Board order RBE No. 318/99 dated 29.12.1999.
Annexure A23: True copy of the judgment of the Hon'ble Supreme Court in CA No. 10640-46 of 2013 dated 27.11.2013 and other connected cases.
Annexure A24(A):True copy of relevant paragraphs of the report of hte Running allowance committee 1980.
Annexure A24(B):True copy of relevant paragraphs of the report of 5th Central Pay Commission dealing with Running Staff.
Annexure A25: True copy of the Railway Services (Revised Pay) Rules, 2016 as notified by GSR 746(E) dated 27.8.2016 communicated by the Railway Board under RBE No.90/2016 dated 28.7.2016.
67Annexure A26: True copy of R.B. order bearing No. 154/2017 dated 24.10.2017 issued by the Railway Board.
RESPONDENTS' ANNEXURES Nil Original Application No. 180/00054/2020 APPLICANTS' ANNEXURES Annexure A1: True copy of order bearing RBE No. 13/2018/8 dated 24.1.2018 issued by the 1st respondent Railway Board.
Annexure A2: True copy of office memorandum bearing No. 38/17/18-P&PW(A) dated 4.12.2018 issued by the Department of Pension & Pensioners' Welfare (2nd respondent).
Annexure A3: True copy of letter No. D-43/34/2017-F(E)III dated 17.10.2019 issued by the 1st respondent Railway Board.
Annexure A4: True copy of chart containing details of the applicant material for consideration of the issue in the original application.
Annexure A5: True copy of the relevant extracts of para 924 of the Indian Railway Establishment Manual Vol.I. Annexure A6: True copy of Railway Board order bearing No. E(P&A)II-2015/RS/-25 dated 24.1.2017.
Annexure A7: True copy of the extracts of para 10.1.53 to 10.1.69 of the Seventh Central Pay Commission dealing with the issue of 'parity in pension between pre and post retirees' the report.
68Annexure A8: True copy of Railway Board order bearing No. RBE/97/2016 dated 10.8.2016.
Annexure A9: True copy of Railway Board order bearing RBE No. 49/2017 dated 22.5.2017.
Annexure A9(a): True copy of Railway Board order bearing RBE No. 153/97 dated 7.11.1997.
Annexure A10: True copy of Railway Board's order RBE No. 109/2018 method of fixation of pay in the revised pay dt 12.9.2008.
Annexure A11: True copy of the Railway Board order RBE No. 93/2016 dated 2.8.2016.
Annexure A12: True copy of the Railway Board order bearing RBE No.99/2017 dated 21.8.2017.
Annexure A13: True copy of the chart indicating the disparity as regards one of the applicants (as an example).
Annexure A14: True copy of the representation submitted by All India Loco Running Staff Association dated 13.2.2018.
Annexure A15: True copy of office memorandum No. D-43/34/2017- F(E)(III) dated 23.5.2018.
Annexure A16: True copy of office memorandum bearing No. D-
43/34/2017-F(E)(III) dated 16.8.2018 addressed to the 2nd respondent.
Annexure A17: True copy of office memorandum bearing No. 38/17/18/P&PW(A) dated 14th Sept. 2018.
Annexure A18: True copy of office memorandum bearing No. D-
43/34/2017-F(E)III dated 5.11.2018 addressed to the 2nd respondent.
69Annexure A19: True copy of the Department of Expenditure reply as per office memorandum bearing F. No. 1(5)/EV/2019 dated 7.5.2019.
Annexure A20: True copy of the Hon'ble Apex Court judgment in UOI versus S.R. Dhingra dated 14.12.2007.
Annexure A21: True copy of RBE order No. 289/99 darted 12.11.1999 dealing with the NPA.
Annexure A22: True copy of the Railway Board order RBE No. 318/99 dated 29.12.1999 dealing with running allowance.
Annexure A23: True copy of the judgment rendered by the Hon'ble Apex Court in K.C. Bajaj versus Union of India and others bearing CA No. 10640-46 of 2013 dated 27.11.2013 and other connected cases.
RESPONDENTS' ANNEXURES Annexure R1(a): True copy of the statement prepared by the respondents showing the details for pension being drawn by the applicant.
Annexure R1(b): True copy of RBE No. 97/2016.
Original Application No. 180/00223/2020 APPLICANTS' ANNEXURES Annexure A1: True copy of order bearing RBE No. 13/2018 dated 24.1.2018 issued by the 1st respondent Railway Board.
Annexure A2: True copy of office memorandum bearing No. 38/17/18-P&PW(A) dated 4.12.2018 issued by the Department of Pension & Pensioners' Welfare (2nd 70 respondent).
Annexure A3: True copy of letter No. D-43/34/2017-F(E)III dated 17.10.2019 issued by the 1st respondent Railway Board.
Annexure A4: True copy of chart containing details of the applicant material for consideration of the issue in the original application.
Annexure A5: True copy of the relevant extracts of para 924 of the Indian Railway Establishment Manual Vol.I. Annexure A6: True copy of Railway Board order bearing No. E(P&A)II-2015/RS/-25 dated 24.1.2017.
Annexure A7: True copy of the extracts of para 10.1.53 to 10.1.69 of the Seventh Central Pay Commission dealing with the issue of 'parity in pension between pre and post retirees' the report.
Annexure A8: True copy of Railway Board order bearing No. RBE/97/2016 dated 10.8.2016.
Annexure A9: True copy of Railway Board order bearing RBE No. 49/2017 dated 22.5.2017.
Annexure A9(a): True copy of Railway Board order bearing RBE No. 153/97 dated 7.11.1997.
Annexure A10: True copy of Railway Board's order RBE No. 109/2008 method of fixation of pay in the revised pay.
Annexure A11: True copy of the Railway Board order RBE No. 93/2016 dated 2.8.2016.
Annexure A12: True copy of the Railway Board order bearing RBE No. 99/2017 dated 21.8.2017.
71Annexure A13: True copy of the chart indicating the disparity as regards one of the applicants (as an example).
Annexure A14: True copy of the representation submitted by All India Loco Running Staff Association dated 13.2.2018.
Annexure A15: True copy of office memorandum No. D-43/34/2017- F(E)(III) dated 23.5.2018.
Annexure A16: True copy of office memorandum bearing No. D-
43/34/2017-F(E)(III) dated 16.8.2018 addressed to the 2nd respondent.
Annexure A17: True copy of office memorandum bearing No. 38/17/18/P&PW(A) dated 14th Sept. 2018.
Annexure A18: True copy of office memorandum bearing No. D-
43/34/2017-F(E)III dated 5.11.2018 addressed to the 2nd respondent.
Annexure A19: True copy of the Department of Expenditure reply as per office memorandum bearing F. No. 1(5)/EV/2019 dated 7.5.2019.
Annexure A20: True copy of the Hon'ble Apex Court judgment in UOI versus S.R. Dhingra dated 14.12.2007.
Annexure A21: True copy of RBE order No. 289/99 darted 12.11.1999 dealing with the NPA.
Annexure A22: True copy of the Railway Board order RBE No. 318/99 dated 29.12.1999 dealing with running allowance.
Annexure A23: True copy of the judgment rendered by the Hon'ble Apex Court in CA No. 10640-46 of 2013 dated 27.11.2013 and other connected cases.
72RESPONDENTS' ANNEXURES Annexure R1(a): True copy of the statement prepared by the respondents showing the details for pension being drawn by the applicants.
Annexure R1(b): True copy of the full set of RBE No. 97/2016.
Original Application No. 180/00406/2020 APPLICANTS' ANNEXURES Annexure A1: True copy of order bearing RBE No. 13/2018/8 dated 24.1.2018 issued by the 1st respondent Railway Board.
Annexure A2: True copy of office memorandum bearing No. 38/17/18-P&PW(A) dated 4.12.2018 issued by the Department of Pension & Pensioners' Welfare (2nd respondent).
Annexure A3: True copy of letter No. D-43/34/2017-F(E)III Pt.2 dated 10.12.2019 issued by the 1st respondent Railway Board.
Annexure A4: True copy of chart containing details of the applicant material for consideration of the issue in the original application.
Annexure A5: True copy of the relevant extracts of para 924 of the Indian Railway Establishment Manual Vol.I. Annexure A6: True copy of Railway Board order bearing No. E(P&A)II-2015/RS/-25 dated 24.1.2017.
Annexure A7: True copy of the extracts of para 10.1.53 to 10.1.69 of the Seventh Central Pay Commission dealing with the issue of 'parity in pension between pre and post 73 retirees' the report.
Annexure A8: True copy of Railway Board order bearing No. RBE/97/2016 dated 10.8.2016.
Annexure A9: True copy of Railway Board order bearing RBE No. 49/2017 dated 22.5.2017.
Annexure A9(a): True copy of Railway Board order bearing RBE No. 153/97 dated 7.11.1997.
Annexure A10: True copy of Railway Board's order RBE No. 109/2018 method of fixation of pay in the revised pay.
Annexure A11: True copy of the Railway Board order RBE No. 93/2016 dated 2.8.2016.
Annexure A12: True copy of the Railway Board order bearing RBE No. 99/2017 dated 21.8.2017.
Annexure A13: True copy of the chart indicating the disparity as regards one of the applicants (as an example).
Annexure A14: True copy of the representation submitted by All India Retired Running Staff Association dated 18.10.2019.
Annexure A15: True copy of office memorandum No. D-43/34/2017- F(E)(III) dated 23.5.2018.
Annexure A16: True copy of office memorandum bearing No. D-
43/34/2017-F(E)(III) dated 16.8.2018 addressed to the 2nd respondent.
Annexure A17: True copy of office memorandum bearing No. 38/17/18/P&PW(A) dated 14th Sept. 2018.
Annexure A18: True copy of office memorandum bearing No. D-
43/34/2017-F(E)III dated 5.11.2018 addressed to the 74 2nd respondent.
Annexure A19: True copy of the Department of Expenditure reply as per office memorandum bearing F. No. 1(5)/EV/2019 dated 7.5.2019.
Annexure A20: True copy of the Hon'ble Apex Court judgment in UOI versus S.R. Dhingra dated 14.12.2007.
Annexure A21: True copy of RBE order No. 289/99 darted 12.11.1999 dealing with the NPA.
Annexure A22: True copy of the Railway Board order RBE No. 318/99 dated 29.12.1999 dealing with running allowance.
Annexure A23: True copy of the judgment rendered by the Hon'ble Apex Court in KC Bajaj versus Union of India and others bearing CA No. 10640-46 of 2013 dated 27.11.2013 and other connected cases.
RESPONDENTS' ANNEXURES Annexure R1(a): True copy of the statement prepared by the respondents showing the details for pension being drawn by the applicants.
Annexure R1(b): True copy of the full set of RBE No. 97/2016.
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