Central Administrative Tribunal - Allahabad
Keya Roy Choudhury vs North Eastern Railway on 7 March, 2025
(Open Court)
Central Administrative Tribunal, Allahabad
Bench Allahabad
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Original Application No.199/2025
This the 7th Day of March, 2025.
Hon'ble Mr. Justice Rajiv Joshi, Member (J):-
1. Keya Roy Choudhury aged about 60 years Wife of Shri Sanjib Shanker Roy
Choudhury, retired Accounts Assistant, DRM's Office, N. E. Railway,
Varanasi H.Q. Gorakhpur R/o Flat No. C/03 Sadbhawana Apartment
Vivekanand Puram Colony, Chitaipur, Varanasi (retired on 30.06.2024).
2. Chandra Shekhar Pandey aged about 61 years S/o Late Shri Jai Shanker
Pandey, retired Account Assistant, WAO N.E. Railway, H.Q. Gorakhpur R/o-
480-A Ram Janki Nagar, Basharatpur, Gorakhpur (Retired on 31.12.2023).
3. Gulab Yadav aged about 62 years S/o Shri Ram Dhani, retired Accounts
Assistant, Signal Workshop N.E. Railway, Gorakhpur Cantt., H.Q.
Gorakhpur, R/o- House No. 782/P, Bichhiya Jangal, Tulsiram Post: P.A.C.
Camp, Gorakhpur (Retired on 30.6.2023).
4. Umanath Pandey aged about 62 years S/o Late Shri Gomati Prasad
Pandey, retired Senior Technician (Fitter), in the Dy. C.E.E./N. E. Railway,
H.Q. Gorakhpur R/o-Mohalla- Vivekpuram, Post: Siddharth Enclave,
Gorakhpur (retired on 30.06.2023).
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5. Ashok Kumar Pandey aged about 63 years S/o- Shri Mangla Prasad
Pandey, retired Technician (A.C. Mechanic)-I, C.W.M., N.E. Railway, H.Q.
Gorakhpur R/o- House No. 40, Mohalla: New Colony, sandulee Benduli
(land mark near Shukla Gas Godam), Post: Badgo Gorakhpur (Retired on
30.06.2022).
6. Vijay Nand Maurya aged about 63 years S/o- Late Shri Gulab Chand
Maurya, retired Technician (Fitter)-I, Power Maintenance Shop Mechanical
Workshop, N.E. Railway, H.Q. Gorakhpur R/o- House No. 287E,
Kaushalpuram, Ram Janki Nagar, Post: Basharatpur, Gorakhpur (Retired on
30.06.2022).
7. Amar Nath Singh aged about 63 years S/o- Late Shri Devendra Singh,
retired Senior Technician (Welder), G.E.R. Shop, Mechanical Workshop,
N.E. Railway, H.Q. Gorakhpur R/o- House No. 297 E, Kaushalpuram, Ram
Janki Nagar, near Mehdi Palace, Gorakhpur (Retired on 30.6.2022).
8. Suresh Kumar aged about 63 years S/o-Late Shri Bhola Prasad, retired
Senior Technician (Fitter), Mechanical Workshop, N.E. Railway, H.Q.
Gorakhpur R/o- Parwatipuram Jangal Tinkoniya No. Padri Bazar, Post:
Jangal Salikram, Gorakhpur (Retired on 30.06.2022).
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9. Ramesh Prasad aged about 64 years S/o- Late Shri Moti Lal Yadav, retired
Senior Section Engineer/Signal, C.T.C. N.E. Railway, BSB Division, H.Q.
Gorakhpur R/o- Pawanpuram Colony, Haidarganj Road, Jangle Dhusar,
Near Phulmati Devi, Padri Bazar, Gorakhpur U.P. (Retired on 30.06.2021).
10. Mritunjai Kumar Srivastava aged about 64 years S/o Late Shri Shesh Nath
Srivastava, retired Chief Travelling Ticket Inspector, LJN Division, N.E.
Railway, H.Q. Gorakhpur R/o-7-R, Bajrang Dham Colony, Medical College
Road, Behind ITI Chargawail, Gorakhpur (Retired on 30.06.2021).
11. Rama Shanker Rai aged about 65 years S/o Late Shri Daroga Rai, retired
Senior Grinder, Tool Room, Mechanical Workshop, N. E. Railway,
Gorakhpur R/o- 987A, Uttari Jatepur, Rajendra Nagar, Gorakhpur (retired on
30.06.2020).
12. Dadhi Bal Singh aged about 65 years S/o Late Shri Markandey Singh
Yadav, Retired Account Assistant, P.F.A. Office, N.E. Railway, H.Q.
Gorakhpur R/o- Sa. 15/78 K-1-D, Mawaiya, Saarnath Varanasi (Retired on
30.06.2020).
13. Umesh Chandra Shukla aged about 65 years S/o Shri Ram Abhilash
Shukla, retired Signal Maintainer/CTC Gorakhpur N.E. Railway, DRM-
Varanasi R/o- C/o- Shri Anil Kumar Srivastava House No. 4/C, Bank colony,
Padri Bazar, Gorakhpur (Retired on 30.06.2020).
14. Anil Kumar aged about 65 years S/o- Late Shri Ram Vallabh Prasad, retired
SS Operator-I, under Principal C.S.T.E., N.E. Railway, H.Q. Gorakhpur R/0-
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House No. 4/C, Bank Colony, Padri Bazaar, Gorakhpur (retired on
30.6.2020).
15. Nisar Ahmad aged about 65 years S/o- Abul Quasim, retired Divisional
Cashier, P.F.A. Office, N.E. Railway, Gorakhpur R/o-0552 Humayunpur
North (Near Imambara), Gorakhpur (retired on 30.06.2020).
16. Vijay Kumar Mishra aged about 65 years S/o Late Shri Paras Nath Mishra
retired O.S./ P.C.E.E. Office, N.E. Railway, H.Q. Gorakhpur R/o-
Chaumukha, Campierganj, Post: Campierganj, Gorakhpur on 30.06.2020).
17. Ramagya aged about 66 years S/o- Late Shri Ram Murat Yadav, retired
Senior Technician (Fitter), Mechanical Workshop, N.E. Railway, H.Q.
Gorakhpur R/o- Lohiyanagar, Jateypur Uttari, Post: Gorakhnath, Gorakhpur
(Retired on 30.06.2019).
18. Ashok Kumar Singh aged about 66 years S/o- Late Shri Shiv Pujan Singh,
retired Senior Section Engineer (Elect.), N.E.R. Gonda, D.R.M-Lucknow
H.Q. Gorakhpur R/o- Ward No. 21, Buddhnagri Vishunpura, Vishunpur
Mugarsi, Post Kushinagar, District: Kushinagar (retired on 30.06.2019).
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19. Ram Chander Gupta aged about 67 years S/o Late Shri Narayan Gupta,
retired Gateman (Operatiing), Maghar N.E. Railway, Lucknow Division, H.Q.
Gorakhpur R/o- Village: Tighra, Post: Pipiganj, District: Gorakhpur (retired
on 30.06.2018).
20. Ram Karan Singh aged about 67 years S/o Late Shri Ram Dev Singh,
retired Senior Technician (Carpenter), Mechanical Workshop, N.E. Railway,
Gorakhpur, R/o- Village and Post: Thavaipaar, Gorakhpur (retired on
30.06.2018).
21. Ram Chandra aged about 67 years S/o Late Shri Dashrath, retired Senior
Technician (Fitter), in office of Dy. CEE Colony, N.E. Railway, H.Q.
Gorakhpur, R/o- House No. 61A, Mohalla: Jagainathpur Saraswati Naveen
School, Post: Sadar, Gorakhpur (retired on 30.06.2018)
22. Ramesh Chandra Gupta aged about 67 years S/o Late Shri Moti Lal Gupta,
retired Dy. CTNL/Central Control C.O.Μ. Office, N.E. Rly. H.Q. Gorakhpur
R/o- H.I.G.-184, Shashtripuram, Post: Gorakhnath, Gorakhpur (retired on
30.6.2018).
23. Budhai aged about 67 years S/o Shri Ram Saran, retired Khalasi, Inspector
of Works, N.E. Railway, LJN Division, Gonda, H.Q. Gorakhpur R/o- 409/G
Krishna Nagar, Private Colony, Gorakhpur (retired on 30.6.2018).
24. Krishna Prasad aged about 68 years S/o- Late Shri Shatrughan Prasad,
retired MCM Painter under I.O.W. (South), DRM N.E.Rly, Varanasi, H.Q.
Gorakhpur R/o- Village: Bhitari, Post: Lohta, Varanasi (Retired on
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30.06.2017).
25. Braj Kishore Mishra aged about 68 years S/o Late Shri Ram Bachan Mishra,
retired CTTI, N. E. Railway, DRM Varanasi, H.Q. Gorakhpur R/o- House No.
E/184, Gunjan Vihar Karrahi, Kanpur -208027 (retired on 30.06.2017).
26. Ashok Kumar Singh aged about 68 years S/o Late Shri Narendra Singh,
Retired Accounts Assistant under P.F.A., N.Ε. Railway, H.Q. Gorakhpur,
R/o- Shivpur, Shahbazganj, Post: Padri Bazar, Mother Teresa Home Road,
Gorakhpur (retired on 31.12.2016).
27. Vidya Sagar aged about 69 years S/o- Late Shri Sukh Ram, retired Senior
Section Engineer Mechanical Workshop N.E. Railway, Gorakhpur R/o-
Bistauli Khurd, Post: Belipar, Gorakhpur (retired on 30.06.2016).
28. Shambhu Nath Singh aged about 69 years S/o-Late Shri Dina Nath Singh,
retired Chief Office Superintendent under DSTE Tele, N.E. Railway, H.Q.
Gorakhpur R/o- 197 G, Sengar Sadan, Manas Vihar, Post: Padri Bazar,
Gorakhpur (retired on 30.06.2016).
29. Virendra Singh aged about 69 years S /o- Late Shri Tripurari Singh, retired
Goods Guard N.E. Railway, Gonda under D.R.M-Lucknow H.Q. Gorakhpur
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R/o- C / o Shri Pradeep Kumar Singh Buddh Vihar, Ramgarhtaal,
Gorakhpur (retired on 30.06.2016).
30. Ram Pravesh aged about 69 years S/o Late Shri Jairam Prasad, retired
Technician-I, Mechanical Workshop, N.E. Railway, H.Q. Gorakhpur R /o -
Budiyaan No. 3, Sahjanwa, Gorakhpur (retired on 30.06.2016).
31. Shaligram Pandey aged about 71 years S/o Late Shri Balram Pandey,
retired Senior Section Officer (Accounts) under P.F.A., N.E. Railway, H.Q.
Gorakhpur R/o- House No. 8N Ashok Nagar, Gangula Tola, Post:
Basharatpur Gorakhpur (retired on 30.6.2014).
32. Rameshwar Prasad aged about 71 years S/o Late Shri Ghurhu Prasad,
retired M.C.M./ Mechanical Workshop, N.Ε. Railway, H.Q. Gorakhpur R /o
Piparaha Tola, Mohnapur near MM Public School, Jangle Hakim No. 2,
Gorakhpur (retired on 30.06.2014).
33. Rameshwar aged about 71 years S/o Late Shri Chandrabali retired
Technician-I, Mechanical Workshop, N. E. Railway, H.Q. Gorakhpur, R / O -
Village: Rajawari Tola, Majhariya, Post: Rajawari, Gorakhpur (retired on
30.06.2014).
34. Shambhu Saran aged about 71 years S/o Late Shri Mithai Lal, retired Senior
Khalasi (Stores Depptt.) Mechanical Workshop, N.E. Railway, H.Q.
Gorakhpur R/o- Village: Ramwapur, Post: Tighra, P.S.- P P Ganj,
Gorakhpur (retired on 30.06.2014).
35. Uma Shanker Yadav aged about 71 years S/o Late Shri Sudama Prasad,
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retired Technician-I, C.W.M./ N.E. Railway. H.Q. Gorakhpur R/o- Behind
Prakash Hotel, Mohalla: Purdilpur, Golghar, Gorakhpur (retired on
30.06.2014).
36. Dinesh Kumar aged about 73 years s/o Late Shri Munni Lal, retired
Caretaker (I.O.W) Engineering Department, N.E.R. Gonda DRM Lucknow
LJN Division, H.Q. Gorakhpur R/o- Baburam Bichchiya, Tadikhana, Ward
no. 3, near Maurya Hardware, Gorakhpur (Retired on 30.06.2012).
37. Ram Sahay aged about 74 years S/o-Late Shri Ishwari, retired M.C.M.
Mechanical Workshop, N.E. Railway, H.Q. Gorakhpur R/o- Village: Belghaat
Buzurg, Post: Kanapar, Gorakhpur (retired on 30.06.2011).
38. Shashi Bhushan Sinha aged about 75 years S/o Late Shri Mahaveer Sinha,
retired Junior Engineer-I, Mechanical Workshop, N.E. Railway, H.Q.
Gorakhpur R/o- G-12/9, Rail Vihar Phase-2 Chargawan Gorakhpur (retired
on 30.06.2010).
39. Rajeshwar Dayal Saxena aged about 76 years S/o Late Shri Prabhu Dayal
Saxena retired Technician-I Sa.Ma.Di./ Gonda, N.E. Railway, H.Q.
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Gorakhpur R/o- C/o Shri Tilak Ram House No. 38 U, Mohalla: Bhediyagarh,
Post: Gita Vatika, Gorakhpur (retired on 30.06.2009).
40. Rama Shanker Singh aged about 77 years S/o Late Shri Jamindar Singh,
retired Chief Ticket Inspector, Sr. D.C.M./Ν. E. Railway, BSB Division,
Gorakhpur, R/o-Village-Tola Nekarai Post: Karan - Chhapra, Thana: Bairiya,
District: Ballia (retired on 30.06.2008).
... Applicants
By Adv: Shri Santosh Kumar Kushwaha
Versus
1. The General Manager, North Eastern Railway, H.Q. Office, Gorakhpur-
273012
2. The Principal Chief Personnel Officer, N.E. Railway, H.Q. Gorakhpur -
273012.
3. The Principal Finance Advisor & Chief Accounts Officer, N.E. Railway, H.Q.
Office, Gorakhpur-273012
4. The Divisional Railway Manager, N.E. Railway Varanasi.
5. The Divisional Railway Manager, N.E. Railway, Lucknow.
...........Respondents
By Adv: Shri Anil Kumar
ORDER
Heard Shri Santosh Kumar Kushwaha, learned counsel for the applicants and Shri Anil Kumar, learned counsel for the respondents and with PUNIT KUMAR MISHRA the consent of both the parties, instant original Application is being disposed of at the Admission stage itself.
2. This O.A. has been filed on 06.03.2025 by the applicants, who are 40 in numbers, under Section 19 of the Administrative Tribunals Act, 1985 for the following main relief(s):-
"8(i) For a direction upon the respondent to grant the applicants one notional increment for the period from 01st July to 30th June/1st January to 31st December in respective years as due on 01st of Junly/ 1st January of the respective years, for purposes of Pension and Pensionary benefits and accordingly re-fix their pension and pensionary benefits and to pay the arrears along with the admissible interest thereupon.
3. It is submitted by the applicants' counsel that applicants were retied in different years and one increment falling due on the very next date i.e. 01st July/1st January of the relevant years were not granted to them. He also placed reliance on the catena of judgments pronounced by the Hon'ble Supreme Court followed by Hon'ble High Court as well as various Tribunals Page No.6 and submitted that the present case may also be decided by this Tribunal in the light of the aforesaid judgments/orders.
4. Per contra, learned counsel for the respondents fairly submits recently the Apex Court issued certain clarifications vide order dated 20.02.2025 in Misc. Application Diary No.2400/2024 in Civil Appeal No.3933 of 2023 and in view of the specific directions/clarifications, the applicants may approached the respondents at first instance for their grievances.
5. It reflects from the record that a Miscellaneous Application Diary No. 2400/2024 was filed by the Union of India in Civil Appeal No.3933/2023 before the Apex Court, in which the Apex Court by taking into consideration the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023 in Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. passed an final Order/Clarification dated 20.02.2025 for third parties, which are as under:-
We had passed the following interim order dated 06.09.2024, the operative portion of which reads as under:
"(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.
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(b) For persons who have filed writ petitions and succeeded, the MISHRA directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.
(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.
(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/ impleadment was filed."
We are inclined to dispose of the present miscellaneous applications directing that Clauses (a), (b) and (c) of the order dated 06.09.2024 will be treated as final directions. We are, however, of the opinion that Clause (d) of the order dated 06.09.2024 requires modification which shall now read as under:
"(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of Page No.7 three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed."
Further, clause (d) will not apply to the retired government employee who filed a writ petition/original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the judgment in "Union of India & Anr. v. M. Siddaraj"1, as in such cases, clause (a) will apply.
Recording the aforesaid, the miscellaneous applications are disposed of.
We, further, clarify that in case any excess payment has already been made, including arrears, such amount paid will not be recovered.
It will be open to any person aggrieved by non-compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.
6. From the aforesaid direction, it is apparent that the Apex Court clearly observed that if any person aggrieved by non-compliance with the directions and the clarification of this Court, in the present order, to approach the concerned authorities in the first instance and, if required, the Administrative Tribunal or High Court, as per law.
7. In view of the above judicial pronouncement, instant Original Application stands disposed of with a direction upon the applicants to approach individually before the concerned authorities for non-compliance with the directions and the clarification of the order passed by the Apex Court in PUNIT KUMAR MISHRA Miscellaneous Application Diary No. 2400/2024 in Civil Appeal No.3933/2023, which shall be decided by the concerned Authorities expeditiously.
8 Pending M.A., if any, stands disposed of.
9. No order as to cost.
(Justice Rajiv Joshi) Member (J) A/PM/-