Central Administrative Tribunal - Mumbai
Koonan James Abraham vs M/O Railways on 5 February, 2020
1253/2016, 497/2014,
j 303/201 4, $22/2013,
34/2013, 3350/2013,
A83/2013, FIV2G13
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION Nos.210/2013, 125/2016, 497/2014,
3503/2014, 322/2013, 349/2013, 3580/2013, 483/2013 and 719/2013
Dated this Wednesday, the 05th day of February, 2020
CORAM: R.VITAYRUMAR, MEMBER (A)
R.N.SINGH, MEMBER (J)
OA No.210/2013
1. Mahabir Prasad, son of Shri Rarneshwar Pasad, age: 60 years, (Date of
birth: 27.01.1953}, worked -as Mail Guard (Retired) with Central Railway, Sr,
Station Manager, CST, Mumbai 400 604, and Residing at MS-RB-HVI3/10. Rly.
Quarter, G.TB. Nagar, Mumbai 400022.
2. Davanand Sharma, son of Tarachand Sharma, age €0 years, (Date of Birth:
09.77.1952), worked as: Mall Guard (Retired) with Central Railway, Sr Station
Manager, CST, Mumbai 400 001. and Residing at Rockies-f, Bldg No.D-9, Flat
No.2, Godrej Hills, Kalyan (West), District 'Thane, Pin Code 4213014.
3. Viaykumar Durgaprasad Misar, son of Durganrasad Ganpati Misar, Age $7
years,(Date of birth: 07.05.1955, worked as: Guard (retired as per Vol.
Retirement) with Central Railway, and Residing at : A2-701, Sai Paradise,
Barave Road, Kamdar Pada, CIRC] Kalyan GN). District Thane- Pin Code
4241301.
4. Amar Singh Rana, son of Shri Ubha Singh Rana, Age 59. years, (Date of
Birth: 02.09.1953} working as: Mall Guard with Central Railway, and Residing
at: A3-704, Om Shankeshwar Darshan, Near Kala Taleb, Kalyan (WV), District
Thane- Pin Gade 421 301.
5. BA. Ghule, son of Shr AS. Ghule, Age years, (Date of Birth: 17.05.1957) _
worked as: Mail Guard with Central Railway, Cfo Sr Station Manager, CST,
Mumbai 400 001, and Residing at « MS-RB-HVIS/41. Rly Quarier, GTB.
Nagar, Mumbai 400022.
§. Bhaian Lal, son of Shri Chhidda Lal, Age 58 years, (Date Birth: 10.10.1954)
worked as: Guard "A" Spl. with Central Railway, C/o Sr. Station Manager, CST,
Mumbai 400 001, and Residing ab 13, Sameer Apartment, Near Durga Maata
Mandir, Kolsewadi, Kalyan (East), District Thane, Pin Code No.421306.
7. Arindar Singh son of 8. Mehar. Singh, Age 57 years, (Date of Birth:
20.08.1855) worked as: Mail Guard with Central Ratlway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Rasiding at: RB-HViIS/5. C. Railway
Colony, G.T.B. Nagar, Sion (East), Mumbai 400 022,
OA Nose } Of0t 3, fet
OA Nos.210/2013,
1325/2016, 4497/2014,
SO3/2014, 9322/2013,
349/2013, 3950/2013,
4835/2013, 719/2013
fo
8. Rajendragir Shamir Goswami, son of Shamgir Goswami, Age 59 years,
(Date of Birth: 01.06.1954) worked as: Mail Guard with Cantrat Railway, C/o Sr.
Station Manager, CST, Mumbai 400 001, and Residing at RB-IVS/2. C_Rallway
Galony, G.T.B. Nagar, Sion (East), Mumbai 400 022.
8, Mr S.A. Siddiqui, son of Late Shri Anmad All, Age 58 years, (Date of Birth:
09.02.1955) worked as: Mail/Exp. Guard with Central Railway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Residing at > RB-IV114, Flat No.O1,
Central Railway Officers' Colony, Matunga (East), Mumbai 400 019.
10. MULAYAM SINGH son of SHRI RAM PRASAD, Age 57 years, (Date of
Birth: 08.09.1855) worked as: Mail Guard with Central Railway, 04 Sr. Station
Manager, CST, Mumbai 400 001, and Residing at : G-IN, Murbad Road, Kalyan
(West), Railway Quarter, Districh Thane (Maharashtra) 421 301. --
V4, Champakbhail Chhanabhai Patel, son of Chhanabhai Ravjibhai Patel, Age
56 years, (Date of Birth: 10.06.1956) worked/working as: Guard A-Spl 1972,
with Central Railway, C/o Sr. Station Manager, CST. Murmbal 400 001, and
Residing at : Gagan Solitaire, C-701, Viva Jangid, Near Samrat Empire,
Manvel Pada, Virar (East), District Thane. 401 205.
12. BALWANT SINGH RATHOD, son of Chhanabhal Ravjibhai-Patel. Age 59
years, (Date of Birth: 18.03.1954) worked/ working as: Mail Guard, with Central
Railway, C/o Sc Station Manager, CST, Mumbai 400 007, and Residirig at :
MS- RB-IH/ Bidg.No.1, Room No.3, First Floor, Sir J.J. Road, Byculla, Mumbai
~~ § 00008.
AB B. KHARAT, son of Bramhadeo Dasharath Kharat, Age 58 years, (Date
of Birth: 21.03.1955) worked/working as: Mail Guard Central
Office of Sr. Station Manager, Main Line, CST, Mumbai 400 001, and Residing
at 3098/4632, SA. Tagor Nagar, Vikhrali (East), Mumbai 400083.
_ Gantral Railway,
14. Laxminarayan Yadav, son of Late Sujan Singh Yadav, Age 53 years, (Date
of Birth: 20.12.1959) worked/werking :as Mail Guard, with Central Railway, C/o
Sr. Station Manager, CST, Mumbal 400-001, and Residing at : LN. Yadav, -
Room No.103, tst Floor, Shiv Sai Building, Saint Namdeo Path, Near D.N.S.
Bank, Dombivil (East), Dist. Thane 421 204,
I3.PADAM BAHADUR LAMA son of SHRI BISHNU PRASAD LAMA. years,
~ (Date of Binh16.09.1956) worked/working as: Mail/Exp. Guard, with Central
~ Railway, Cfo Sr Station Manager, CST (Main Line), Mumbai 400001, and
~ Residing at : Railway Block IIVB/7. First: Floor, Barkley' Place, J.J. Road,
Byculla, Mumbai 400008.
18. THANNIMALAYIL CHACKO VARGHESE, son of Thannimalay!! Ulahannan
Chacko, Age years, (Date of 19,12.1960) worked/working Maill/Exp Guard, with
Central Railway, C/o Sr. Station Manager, CST, Mumbai 400 001, and Residing
at: Flat No.208, The Ankoor C.HS., Rambaug Lane No.2. Bhulbal Wadi,
Kalyan (West), District- Thane 421 301.
OA Nos.2 10/2015,
(25/2016, 497/2014,
3093/2014, 32272013,
349/2013, 350/2013,
483/2013, FIG/2013
17. Anand Bhargava, son of Shri GP. Sharma, Age 47 years, (Date of Birth:
21.05.1985). worked/warking as: Sub- GD "A", with Central Railway, C/o Sr.
Station Manager (Sub), CST, Mumbai 400 001, and Residing at Zinnia C.H.S.
A-TH13, Gadrej-MIl Compound, Kalyan (West, District: Thane, 421 304.
18. NARESH DEORAO GONDOLE, son of Deoraa Dadhu Gondole, Age 48
years, (Date of Birth:02.12.1964) worked/working as: Mail Guard, with Central
Railway, C/o Sr. Station Manager, CST, (Main Line}, Mumbai 400 001, and
Residing at : 301, Third Floor, Telwane Tower, Kulgaon, Badlapur (East), 401
503.
19. SANJAY MITTAL, son of Dr N.C. Mittal, Age 47 years, (Date of Birth:
24.09.1965) workedAvorking as: Mail Guard, with Central Railway, Cfo Sr.
Station Manager, CST- Main Line, Mumbai 400 001, and Residing at: D.4/901,
Kailash, Lok Dhara, Kalyan (East), District Thane : 421 306.
20. ANIL KUMAR GUPTA, san of Late Krishna Ram, Age 47 years, (Date of
Birth: O1.07.1965) warked/working as: Mail Guard, with Central Railway, G/o Sr.
Station Manager, CST- Main Nagar, Mumbai 400 001, and Residing at :
A/V2/204, Nilgiva, Lokdhara, Kalyan (E), District: Thane - 427 306. .
21. UMESH PRATAP SINGH Son of Shri Balram Singh, Age 48 years, (Date of.
Birth: 07.08.1965) warked/Awarking as: Guard (Sub), with Central Railway, C/o
Sr. Station Manager, CST Guburban}, Mumbai 400.001, and Residing at ;
Ambika Complex, A-103, Meditiya Nagar, Phase, PK. Road, Mira Road (&),
District Thane - 404.705.
22 VIVEK RANJAN SAHAI son of Virendra Sahai, Age 47% years, (Date of
Birth: 36.10.7968) worked/working as: Guard "A" Sub. with Central Railway;
Cfo Sr Station Manager, CST(Sub), Murnbal 400 001, and Residing at 204,
Kalpataru Apartment, Opp. Roshan Petrol Pump, Murbad Road, Kalyan (West),
District - Thane: 421 301.
23. SANJAY KUMAR PRASAD. son of Late Surya Shekhar Prasad, Age 46
years, (Date of Birth: 15,.77.41966) worked/working as: Mail Guard, with
Central Railway, Go Sr Station Manager, CST, Mumbai 400 001, and Residing
at. C-8/29. NILE-IH, Godrel Hil, Barve Road, Kalyan (West), District Thane,
State of Maharashtra, Pin Gade 421 301.
24. DAYAL CHAND, son of Late Sita Ram, Age years, (Date Birth: 26.05.1964)
workedAwaorking as: Mail Guard, with Central Railway, G/o Sr. Station Manager,
CST, Mumbai 400 004, and Residing at > TYD-40 RLY Quarters, Near Rly
Hospital, Kalyan (East), District: Thane, Maharashtra State, Pin Code 427 301.
25, AJAYKUMAR RAMCHANDRA JAGDALE, son of Ramchandra Sharam
Jagdale, Age 48 years, (Date of Birth: 14.04.1964) workedAvorking as: Mail
Guard, with Central Railway, 0/) Sr Station Manager, CST, Mumbai 400 0014,
and Residing at : 27/13, Matchiswala Chawl, Swadeshi Mls Road, Sion-
Ghunabhatti (East}, Mumbai 400 O22.
26, PREM KUMAR SHUKLA, son of Mr Ganesh Prasad Shukla, Age 48 years,
OA Nos. 2120/2013,
1235/2016, 4497/2014,
4 S03/2014, 3223/2013,
3492015, 3350/2015,
4835/2013, 719/2013
(Date of Birth: 20.02.1966) worked/working as: Sr Pass. Guard (SUB), with
Central Railway, Cfo Sr Station Manager, CST (Sub), Mumbai 400 001, and
Residing at: 09, Shivesh Apartment, Chinchpada Road, Kalyan (East), District
Thane Pin Gade 421 306.
27. UMESH SHRIPAD KUBAL, son of Shripad S. Kubal, Age 47 years, (Date of
Birth, 23.07.1965) worked/working as: Guard "A" (Sub), with Central Railway,
Clo Sr. Station Manager, CST (Sub), Mumbal 400.001, and Residing at: A/S04,
Pratk Apartment, Ramchandra Nagar No.3, Vaity Wadi, Naer Nitin Co. Thane
(West), Pin Geode 400 604.
28. DINESH RAMCHANDRA AHIRE, son of Ramchandra K. Ahire, Age 44
years, worked/working as: Mall Guard, with Central Railway, C/o Sr Station
Manager, CST, Main Line. Mumbai 400 001 and Resi iding at: Row House
No.44, Royal Park, Morivali, Near Navare Nagar, Ambernath (East) 421 501.
29. SUDHAKAR BHOJU BAVISKAR, son of Bhoju Sakharam Baviskar Age 48
years, (Date of Birth: 01.03.1968) workedAvorking as: Maill Guard, with
Central Railway, C/o Sr Station Manager, CST-Main Line, Mumbai 400001,
and Reset at Room No.8, Chawl no. Datta ee Behind Pote
Code 424 '308.
30. BIMLENDRA PATHAK, son Janardan Pathak, age 47 years, (Date of
Birth: 01.07.1965) worked/working as: Mail Guard, with Central Railway, Cfo Sr.
Station Manager, CST, Mumbai 400 001, and Residing at. -MS-RBU 05/15,
New Ralway Quarters, Road No.7, - Vidyavihar, Ghatkopar (East), Mumbai 400
OF?.
31. BALJINDER SINGH, son of Himmat Singh, Age 86 years? (Date of Birth:
11.06.1957) worked/working cas Mailixp. Guard, with Central Ralway,
Cio Sr. Station Manager, CST (Main Line), Mumbai 400 001, and Residing at;
75) RBAUAG.T.B. NAGAR, Kollwada, Mumbai 400 022.
32. LAL HAMANT, son of KISHAN, Age 56 years, (Date of Birth: 28.01.1957)
workediworking as: Mai/Express Guard, with Central Railway, C/o Sr. Station
Manager, CST, Mumbai 400 001, and Residing af : Plot No.ti/i2, Vilay
Enclave, Vilay Paradise Society, Gokhivare, Vasai (East), District Thane.
~ Applicants.
Versus
3. The Union of india, Through The Chairman, Railway Board. Rail Bhavan
New Delhi 119011.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai
400 007.
3. Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumbai 400 001.
OA Nos.210/2013,
1235/2016, 4497/2014,
303/2014, 322/201,
349/2013, 3350/2013,
4832013, FI92O13
4. The Divisional Railway Manager (ORM) DRM's Office, Central Railway,
CSTM, Murnbal 400 001.
~ Respondents.
OA No. 1238/2016
{, SANJAY DHARMADHIKARE (son of PUROSHOTTAM DHARMADHIKARY),
Date of Birth: 04.04.1964, Age: 52 years), working as : Senior Passenger
Guard ("C" Past}, under Area Manager, Western Railway, churchgate,
Headquarters Office, Mumbai 400020, and residing at: AZ, Ground Floor, Om
Shriram Sadan, M8. Estate, Virar, Taluka-Vasail, District -- Palghar, State
Maharashtra, Pin Code - 401 308.
2. PRASHANT V. VASAIKAR, (son of VASANT MADAN VASAIKAR), Date of
Birth: 02.12.1962, Age: 63 years), working as : Senior Passenger Guard ("C"
Post}, under Area Manager, Western Railway, Churchgate, Headquarters
Office, Murnbal 400020, and residing at 13/14, 1st Floor, OM Sai Nagar CHS,
Above MSEB Office, Virar (East), Taluka-Vasai, District Palghar,. State
Maharashtra, Pin Code 407 305.
3. SWAMIDUTT PANDEY, ison of GAYADUTT PANDEY), Date of Birth:
42.12.1958, Age: 57 years}, working as > Senior Passenger Guard {("C" Post),
under Area Manager, Western Railway, Churchgate, Headquarters. Office,
Mumbai 400020, and residing a/303, JANKI Avenue Co.operative Housing
Society, Aazad Nagar Bhayander (East), District Thane, State Maharashtra,
Fin Cade - 401 305.
4. GHELLAPPAN PREM ANAND, (son of J.D. CHELLAPPAN }, Date of Birth:
05.98.1963, Age: 53 years}, working as : Senior Passenger Guard ("C" Past),
under Area' Manager, Western Railway, Churchgate, Headquarters Office,
Munnbal 400026, and residing at 138-103, Kishor Kun} No.4, Virar (West),
Post Virar, Taluka-Vasai, District - Palghar, State Maharashtra, Pin Code --
401308.
5. PRADIP YALLATIKAR, (son of WL. YALCLATIKAR),. Date of Birth:
17.10.7961, Age: §4 years), working as : Senior Passenger Guard ("C" Post),
under Area Manager, Westem Railway, Churchgate, Headquarters Office,
Mumbai 400020, and residing at 101, 1ST Floor, Millennium Park, Hari OM
Nagar, Mulund (East), Mumbai 400081, State Maharashtra.
6. MURALIDHARAN M.M. (son of Madhavan Nair, Date of Birth: 12.09.1964,
Age: 51 years}, working as < Senior Passenger Guard ("C" Post}, under Area
Manager, Western Railway, Churchgate, Headquarters Office, Mumbai
400020, and residing at 16/243, Sun View Co-operative Housing Society, Sicn
Koliwada, Mumbai 400020, Maharashira.
OA Nos.2 10/2013,
P25/2016, 497/201 4,
6 S03/2014, 3223/2013,
3490/2015, 3506/2013,
4835/2015, 7192013
7. BRAJESH GOSWAMI, (son of Shri Jag Jivanial Goswami), Date of Birth:
24.04.1966, Age: $1 yeais), working as : Senior Passenger Guard ("C" Past),
under Area Manager, Wester Railway, Churchgate, Headquarters Office,
Mumbai 400020, and resicing at: C-102, Ist Floor, Purvi, Sector-10, Vasant
Nagri, Post Vasai (Eas{), Taluka-Vasai, District ~ Paighar, State Maharashtra,
Pin Code - 404 208.
8. RAMESH AMRUT PATIL, (son of AMRUT S. PATIL), Date of Birth:
07.03.1974, Age: 45 years), working as : Senior Passenger Guard ("C" Past),
under Area Manager, Western Railway, Churchgate, Headquarters Office,
Mumbai 400020, and residing at A-202, 2nd Floor, Krishna, Dwarka Nagar,
Kalyan (East}, Santosh Nagar, Tisgaon, District-Thane, State Maharashtra, Pin
Code- 421 3068.
@. RAJESH KUMAR SINGH, (son of KARNAIL SINGH), Date of. Birth:
21.11.1951, Age: 54 years), working as < Senior Passenger Guard ("C" Post},
wider 'Area Officer, Western ey Gharengate, eadauartore: Office,
Meee ce ecccececc een ceeeee e ccc re ee cncccnceccccesece ee eee ence ncn ccc eee nen ence ne cnneeen acne eee UN iitnnegtiine amines
Mica Road, District-Thane, State Maharashtra, Pin Code 401 107. .
10. BRAJ PRASAD MISH {son of ok Ser vere). Bete af
'Mumbai 400020, aa eed at A-303, 3rd Floar Syncl cate Bank Staff
Anand CHS, Rawal Pada, Dahisar, Mumbai Pin Code 400068.
11, NASEEM AHMED (son of Mohammed Hanif}, Date of Birth: 25.05.1980,
Age: 56 yee Oe ng as Senior He tect Guard io Post), under Area
No.148, bare Nea Mumbai 400050, State Maharashtra,
12. MAHESH SHARADCHANDRA V. REKH! (son of SHARADCHANDRA
REKH), Date of Sirth: 16.07.1961, Age: §5 years), working as :¢ Senior
Passenger Guard Post}, under Station Superintendent, Mumbai Central
Station (Main) Western Railway, Mumbai Central Mumbai 400008 and residing
at: Flat No.C-208, 2nd Floor, Royal Park-, Ramedi Road, Vasai, Taluka Vasai,
District - Palghar, State Maharashtra
13. SAYED ASIF ALI, (son of SAYED ASGAR ALI}, Date of Birth: 05.08.1967,
Age: 48 years}, working as : Senior Passenger Guard ("C" Post}, under Area
Manager, Western Railway, Churchgate, Headquarters Office, Mumbai
400020, and residing at B-203, 2nd Floor, Heara Panna Building, Nallasopara
(West), Taluka Vasai, District -Paighar, State Maharashtra, Pin Cade - 401208.
OANos.210/2013,
1235/2016, 497/2014,
503/2014, 3222013,
34 /2013, 3500/2013,
$83/2613, 7119/2013
14. SANJAY NANDRISHORE GUPTA, (son of NANDRISHORE M. GUPTA),
Date of Birth: 05.09.1968, Age: 47 years), working as : Senior Passenger
Guard {°C" Post), under Area Manager, Western Railway, Churchgate,
Headquarters Office, Mumbai 400020, and residing at C-51, 3R0. Fleor.
Ganjawala Apartment No.02, Borivall (West), SVP. Road, Mumbai ~ 400092.
15. SHIVAJ) RAMCHANDRA SHAVARDE (son of Late Ramchandra Babu
Savarde}, Date of Birth: 01.03.1954, Age: 61 years), working as : Senior
Passenger Guard ("C" Post}, under Area Officer, Western Railway, Churchgate,
Headquarters Office, Mumbai 400020, and residing at: Flat No.603~C-Wing, 6th
rigor, Mansaravar, New Mhada Colany, Dindoshi, Near NNP, Goregaan (East),
Mumbal-400 065.
- Applicants.
Versus
{. The Union of India, Through The Chairman, Railway Board. Rail Bhavan
New Dethi 170 074.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai
406 001.
3. Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumbai 400 001.
4. The Divisional Railway Manager (DRM) DRM's Office, Central Railway,
CSTM, Mumbai 400 001.
-Respondents.
OA No. 497/2014
{, Deepak Kumar Upadhyay, son of Hariday Narayan Upadhyay, Date of Birth
10.05:1969, Age 45 years, working as : Senior Passenger Guard (Group "C"
post), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at Riddhi, D- 04/102, Vasant Nagari-l,
Vasai (East), District-Thane, State of Maharashtra, Pin Code No.4074 208.
Z. Surya Prakash Khare, son of Shri Mahendra Kumar Khare, Date of Birth:
20.11.1968, Age 48 years, working as > Chief Booking Clerk (Decategorized
from Senior Passenger Guard (Group "GC" past), under Senior DCM (Divisional
Commercial Manager)-BCT, CTCW Cash and Pay Office, Churchgate, Western
Railway, Churchgate Railway Station, Mumbai 400020, and residing ab 2071/4,
Sanskrit! Apartment, New Link Road, Near UCO Bank, Nallasopara (East),
District- Thane, State of Maharashtra, Pin Code No.401209.
3. Rajendra Kakkar, son of Manchar Lal Kakkar, date of Birth 12.06.1965, Age
years, working as Senior : Passenger Guard (Group °C" post}, under Station
Manager, ARO, Churchgaie Railway Station, Western Rallway, Mumbai
400020, and residing at 1-A/S04, Gayatri Darshan CHS, Near Saraswati
School, Tulin}) Road, Nallasopara (East), District-Thane, State of Maharashtra,
Pin Gode No. 401209.
OA Nos.210/2013,
1235/2016, 497/2014,
3 5032014, 3222013,
34972013, 3350/2013,
4883/2013, 792013
4, Virendera Upadhyay, son of Baikrishna Upadhyay, Date of Birth 01.01.1985,
Age Senior years, working as Passenger Guard (Group °C" pest), under
Station Manager, ARO, Churchgate Rallway Station, Western Railway,
Mumbai 400020, and residing at 03/103, Rashmi Divya Complex, 100 Feet
New Link Road, Near Gagan Dream Bui ding, Vasal (East), Past Office-
Nallasopara, District- Thane, State of Maharashtra, Pin Code No.401 209.
S. Sandeep Krishna Sawant, son of Krishna. Dulaji Sawant, Date of Birth -
28.08.1985, Age - 49 years, working as : Senior Passenger Guard (Group *C"
post), under Station Manager, Mumbai Central, Western Railway, Mumbai
400008, and residing at: 603, indrapuri, Sodawala Lane, Borivall (West),
Mumbai 400 682.
6. Shaikh Abdul Nadeem, son of Abdul Karim, Date of Birth: 10.05.1967, Age -.
47 years, working as : Senior Passenger Guard (Group "OC" post, under Station
Manager, Mumbai Central, Mumbai 400008, residing at Western Railway
Quarters No.5/T/B, Opp. Bandra Railway Station, Bandra. (West. Mumbai
400050.
- Applicants.
Versus
1. The Union of India, Through The Chairman: Railway Board. Rall Bhavan
New Delhi 1710 014.
2. General Manager, Western Railway, Headquarters: Office, Churchgate,
Mumbai 400020.
3. Chief Pers onnel Officer, Western Railway, Headquarters Office, , Churchgate,
Mumbai 400020.
~ Respondents.
QA No.S03/2014
1. Rajinder Singh Bhamb, son of Joginder Singh Bhamb, Daie of Birth
14.09.1955, Age 50 years, working as . Senior Passenger Guard (Group °C"
post), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at: 11/C-9, Jeevan Srushti CHSL, LIC
Golony, Behind LIC Shepping Centre, Borivali West, Mumbai 400703.
2; Daulat Kumar Sharma, Date of Birth: 14.08.1968, Age 49 years, working as :
Guard (Group "C" post). under ARO. Churchgate Railway Station, sree,
Mumbai Division, Mumbai 400020 and residing ab D/105, Tirupati CHS Lid.
front-of Shriram Jewelers,Navghar Road, Bhayandar (East), District Thane,
State of Maharashtra, Pin code: 4074 105.
3. Rajendra Singh Yadav, son of Late Shri Ranvir Singh Yadav, Date of Birth -
22.07.1965, Age- 49 years, working as : Senior Passenger Guard. (Group "C" .
post), under Station Superintendent, Surat Railway Station, Western Railway
oe
OA Nos.210/2013,
125/2016, 497/2014,
oe SONZOLS, 9322/2013,
spt 3350/2013,
4833/2013. FiGZ2013
{Gujarat}, pune residing att 93/41, Happy Home Estate, Poonam Sagar, Mira
Road (District: Thane}, Maharashtra.
4. Omprakash R. Bhoware, son of Ramkrishna T. Bhoware, Date of Birth
12.02.1864, Age S50 years, working as : Senior Passenger Guard {Group °C"
post), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at Rishi Sadan, Flat No404, Near
Rahul internatinal School, Chakradhar Nagar, Nallasopara (East), District-
Thane, State of Maharashtra, Pin Code No.401 203.
5. Ditp Kumar, son of Ramcharan, Date of Birth 01.05.1963, Age -51 years,
working as : Senior Passenger Guard (Group "GC". post), under Station
Manager, ARO, Churchgate Railway Station, Western Railway, Mumbai
400020, and residing at Gayatri Darshan Co-op. Hsg.Soc. Building
No. V/A/203, Near Saraswati School, Tulin] Road, Nallasopara (East), District
Thane, State of Maharashtra, Pin Code No.401 209.
6. Tarunprakash N. Pachauri, son of Navalkishor Pachaurl, Date of Birth:
08.10.1985, Age - 48 years. working as : Senior Passenger Guard (Group "C"
post), under Station Manager, Mumbai Central, Western Railway, and residing
at. A-103, Gayatri Darshan Apartment, Near Saraswati School, Tulin) Road,
Nallasopara (East), District Thane Pin Code 407209.
_/, Jayendra Pundalik Prabhu, son of Pundalk Vaman Prabhu, Date of Birth:
10.12.1985, Age 48 years, working as : Senior Passenger Guard (Group
"G" pos, under Station Manager, Mumbal Central, Westen Railway,
and residing at: A/301, Baria Unique, Building No.10, Tirupati Nagar, Phase- 1,
Unitech Road, Bolin}, Virar (WV) 401 303, Dist - Thane 401 303,
8. 3. Achary Ramesh Kumar M.A. Son of M.C. Ayyappan Achary, Date of
Birth (15.04.1967, Age - 47 years, working as : Senior Passenger Guard
(Group "C" post), under ARO, Churchgate Railway Station, Western Railway,
Mumbai 400020 and residing at B2/203, Prabhath Complex, Poonam Nagar.
Behind YA. Nagar, Bolinj, Virar (West), Thane, Maharashtra State, Pin Code
4014303.
9. Babulal Verma, son of Kesharilal Verma, Date of Birth: 07.03.1960, Age - 54
years, working as : Mai Express Guard (Group "C" post), under Station
Manager, Mumbai Central, Western Railway, and residing at: A-303, Jal
Mansarovar Building, Achole Road, Nallasopara (East), District ~ Thane,
Maharashtra State, Pin Code ~-- 407209.
10. Mathuria Kamlesh 8B. son of Baburam Mathuria K., Date of Binh
26.04.1966, Age - 48 years, working as : Senior Passenger Guard (Group "0"
post), under Station Manager, Mumbai Central, Western Railway,
and residing at. Nazerath Apartment, Flat No.16, Ground Floor, Bhagojl Keer
OA Noa.2 10/2013,
L2S/2016, 497/201 4,
16 S03 /2014, 3223/2013,
3499/2013, 3502013,
83/2013, 79/2013
Marg, Mahim, Mumbai 400016.
11. Shreeram Meena, son of Shri Ramiilal Meena, Date of Birth 03.01.1960,
Age &5 years, working as ° Mail Express Guard (Group "C" post}, under
Station Manager, Mumbai Central, Western Railway, and residing at Room
No.@04, Sitaram CHS Limited, Chakradhar Nagar, Nallasopara (West), District
Thane, Maharashira State, Pin Cade ~ 401302.
12. Ralash Kumar Gupta son of Rameshwar Lal Gupta, Date of Birth «
22.07.1988, Age 46 years, Working as : Senior Passenger Guard (Group "C"
post, under Station Manager, Mumbai Central, Western Railway, and residing
at: Gayatri Darshan C.H.S., Near Saraswati School, Tulln] Road, Nallasopara
{East, District - Thane 407 209.
43. Mohan Lal Jat, son of Late Shri Ishwar Ram Jat, Date of Birth > 16.10.7964,
Age - 50 years, working as : Senior Passenger Guard (Group "C" post), under
Station Manager, Mumbai Division, Mumbai Central,
Western Railway, and residing at: 405, Sai Orchid, Nanakwada, Halar, Valsad,
Gujarat 398 001. --
44, Ratan Lal Choudhary, son of Late Jawahar Lal Choudhary, Date of Birth:
12.01.1968, Age - 48 years, working as : Mail Express Guard4Group "C" post),
under Station Manager, Mumba! Central, Western Railway, and. residing at:
204, Rishi-sadan, Near Mahaveer Apartment, Chakradhar Nagar, Nallasopara
{Wast}, District- Thane, Maharashtra Stafe, Fin Cade 407203.
15. Kishor Kumar Rajpurohit son of Sardar Singh. Rajpurohit, Date of Birth :
08.02.1965, Age - 49 years, working as Senior Passenger Guard (Group "0"
post}, under Station Superintendent, Surat Railway Station, Western Railway
(Gujarat), and residing at: 5, Satyam Row House, Near SAT- Temple, Police
HQ. Road, Abrama, Valsad (East), Gujarat 396 001.
16. Shaikh Ansar Ahmed san of Nisar Ahmed A., Date of Birth ¢ 27.11.1987,
Age 47 years, working as ¢ Senior Passenger Guard (Group "GO" post}, under
- Station Superintendent, Surat Railway Station, Western Railway
(Gujarat), and residing at 16, Garionawaz Housing Society, Police Headquarer
Road, Abrama, Valsad (East), Gujarat 396.007.
17, Rarnavitar Ambalal Shanna son of Ambalal 8. Sharma, Date of Birth
15.06.1967, age - 47 years, working as : Mail Express Guard, (Group "C"
post), under Station Superintendent, Surat, Western Railway, and residing at
404, Kallol Apartment, B/4, Kalindi Apartment, Malar, Valsad (Guiarat State),
Fin Code 396007,
OA Nos.2.10/2013,
(25/2016, 497/2014,
5032014, 3522/2033,
349/2013, 3530/2013,
4837/2013, 7192013
18. Mithlesh Kumar Sharma: son of Rameshwar Prasad Sharma, Date of
Birth : 26.06.1965, Age - 49 years, worked / working as : Senior Passenger
Guard (Group "C" past), under Station Superintendent, Surat Railway Station,
Westem Railway (Gujarat), and residing at 801, Sal Natika Apartment, Civil
Road, Nanak Wada, Valsad (East), Gujarat $96 001.
19. Akhiesh Bhagwati Prasad Saraswat, son of Sh. Bhagwati Prasad
Saraswat, Date of Birth: 01.08.1968, Age 46 years, working as ; Mail Express
Guard (Group "C" post, under Station Manager, Surat Railway Station,
Western Railway (Gujarat), and residing at B2/702, Shambhu Nath Complex,
Haler Road, Valsad, State Gujarat 396 001,
20. Rabindra B. Sahu, sen of Biswanath J. Sahu, Date of Birth: 12.72.1958,
Age - 48 years, working as ;: Senior Passenger Guard (Group "C" post), under
Station Manager, Mumbai Central, Western Railway, and residing ab 9/603,
iris-Mayfair Virar Garden Kharod!. Naka, Virar Agashi Road,. Virar (West),
Thane, Maharashtra State, Pin Code -- 407303.
21. Raghunath Ram, san of Shiv Nandan Ram, Date of Birth: 07.02.1965, Age
- 49 years, working as ° Mail Guard, BCT Usroup "C" past}, under Station
Manager, Mumbai Central, Western Railway, and residing at A/102, Mausam
Apartment, Vishal Nagar, Vasal (West), District. Thane, Maharashtra State, Pin
Code 401202,
22. Ashok Kumar Jangid son of Ramj Lal, Date of Birth : 01.10.1967, Age - 47
years, working as > Senior Passenger Guard (Group "C" post), under Station
Superintendent, Surat Railway Station, Western Railway (Gujarat), and
residing at: 903, B/2, Shambhunath Comp., VAshi Falia, Halar, Valsad (East),
Gujarat $96 001.
23. Laxman Singh Kachhwaha, son of Harl Singh Kachhwaha, Date of Birth:
12.04.1964, Age -50 years, working as : Mail Express Guard, (Group "C" post),
under Station Superintendent, Surat Railway Station, Western Railway
{Gujarat}, and residing ab 603, Shambhunath Complex, 8-1, Vashi Falla Halar,
Valsad, Gujarat 396001.
24. Mahaveer Prasad Meena, Date of Birth: 18.08.1967, Age 47 years, working
as ; Guard (Group "C" post}, under Station Superintendent, Phulera, and
residing at: Plot No.135, Kamla Nehru Nagar, Hasanpura Jaipur, State of
Rajasthan, Pin Code - 400006. _
25. Venugopalan N. son of APN. Nambir, Date of Birth: 20.04.1987, Age - 47
years, working as : Senior Passenger Guard (Group ""C" post), under Station
Manager, Coonoor Railway Station, Southern Railway, SALEM Division, and
residing at: Door No.24, Railway Quarters, Coonoor Nigiri, Tamil Nadu.
OANas.210/2015,
(35/2016, 497/2014,
SOS/2014, 32272013,
34/2013, 3530/2013,
4983/2013, 719/2013
free
hed
25. Sarwar. Hussain. Sheikh, son. of Nizamuddin Sheikh, Date of Birth
30.03.1951, Age 53 years, working as : Senior Passenger Guard (Group "C"
post}, under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at 005, Gagangiri Apartment, Near
Kanch Bungalow, Veer Savarkar Road, Virar (East), District-Thane, State of
Maharashtra, Pin Code No.404 305.
27. Balkrishna Maruti Nalawade, son of Maruti Nana Nalawade, Date of Birth:
18.06.1964, Age 50 years, working as : Senior Passenger Guard (Group "C"
post), under Station Manager, ARO, Churchgate Railway: Station; Westen
Railway, Murnbal 400020, and residing at 7O/H, Railway Quarters, Tejpal
Road, Vile Parle (East), Mumbai 400057
28. Bhagubhal Babubhai Patel, son of Babubhai Somabhai.Patel, Date of Birth
01.06.1961, Age 53 years, working as . Senior Passenger Guard (Group "C"
post}, under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at Railway Colony, Building No.474,
KMasturba Road, Near Cinemax, Kandivall West Mumbai 400067.
29. Leela Ram Meena, of son of Rameshwar Dayal Meena, Date of Birth
04.12.1963, Age 51 years, working as : Senior Passenger Guard (Group "C"
posi), under Station Manager, ARO, Churchgate Railway Station, Western
Railway, Mumbai 400020, and residing at F-5, Vandana Sadan, Manvel Pada
Road, District-Thane, State of Maharashtra, Pin Code No.401 305,
30. Prakash Suresh Suryavanshi, son of Suresh Shankarrao Suryavanshi,
Station, Western Railway, Mumbai 400020, and. residing at 1- Agripada Rly
Quarters No.46, Flat No.8, 2nd Floor, Mumbai Central, Mumbai 40008.
31. Sudhakar Prabhakar Shrimawale, son of Prabhakar Narayan Shrimawale, --
. Date of Birth 10.05.1985, Age -- 49 years. working as : Senior Passenger
Guard (Group "C" post), under Station Manager, ARQ, Churchgate Railway
. Station, Western Rallway, Mumbai 400020, and residing at Mrudang, C-204,
Sector-1, Vasant Nagari, Vasai (East), District-Thane, State of Maharashtra,
Pin Code Noa.407208.
32. Ommi Kapoor, son of Shri Raj Kumar Kapoor, Date of Birth < 17.10.1965,
Age 48 years, working as ¢ Senior Passenger Guard (Group "C" post}, under.
Station. Superintendent, Mumbai Central, Western pune Divisional Railway
Manager Office, Rallvay Mumbal Central, Western Railway, Mumbai, and
OA Nos.210/2013,
eee 125/2016, 497/2014,
cB. 5093/2014, 322/2013,
349/2013, 350/2013,
483/2013, 719/2013
residing at: Rly. Staff Quarter No.44/11, Kandivali (West), Opp. Sarover Hotel,
Kandivall (Vest), Mumbai 400087.
- Applicants.
Versus
1. The Union of india, Through The Chalrman, Rallway Board. Rail Bhavan New
Dethi 110 011.
2. General Manager, Western Railway, Headquarters Office, Churchgate,
Mumbai 400020. a
3. Chief Personnel Officer, Western Railway, Headquarters Office, Churchgate,
Murnbai 400020.
4, Divisional Railway Manager (DRM) DRM's Office, Western Railway, Mumbai
Central, Mumbai 400 008.
- Respondents.
QA No.322/2013
i. Shri Mohammed Azimullah Usman Age about 48 years Working as, Sr
PassGuard, Churchgate, Mumbal Division, Western Railway, Under Area
Officer Churchgate, Western Railway, Mumbai- 400 020. Residing at 112/H,
Western Railway Quarters, Behind Rly. Police Station, Bandra (West), Mumbai-
400 050
- Applicant.
Versus
1. Union of India, Through General Manager, Western Railway, Churchgate,
Mumbai- 400 020.
2. The Divisional Railway Manager Western Railway, Mumbai. Central,
Mumbais 400 008.
3. The Senior Divisional Personnel Officer Western Railway, Mumbai Central,
Mumbal- 400 008.
- Respondents.
OA No.349/2013
L.Aoonan James Abraham, S/o K.P. Abraham, Age 49 years, Occ. Service, R/o
{O7/A, Sai Tukaram CHS, Rambaug Lane No.4, Kalyan (West)-421301 Thane
Dist. (Mah. St.)
2. Sathinadhan K. Sfo C. Paramu Nair, Age 49 years, Occ. Service, R/o. 3/8,
302, Nealsankalp CHS, Plot-38, Sector-S, New Panvel, Navi Mumbal-4 10206
3. Antony Clifford Fallelro S/o Clifford Fallairo, Age 46 years, Qcc. Service, Rio
OA Nos. 210/2013,
1235/2016, 497/2014,
ig S03/2014, 5322/2013,
349/2013, 350/2013,
483/2013, 7192013
504, Akash Ganga, MTNL Road, Opp. Jangid Tower, Mira Road (East}-401107
Thane Dist. (Mah. St}
4, Vipin Bihart Vilay Sfo Manmohan Vijay, Age 47 years, Occ. Service, Rio B-
$02, Mohan Paradise Phase-1, Wayle Nagar, Kadakpada, Kalyan (West)-
421301 Thane Dist. (Mah. St) :
5. Harnarayan Diwaker S/o Nandlal Diwaker,Age 53 years, Occ. Service, Rfo
B/703 Bldg. No.3, Shankhleshwar, Presidency, Tawripada, Kalyan (West)-
421301 Thane Dist. (Mah.St}
5. Vivek Datiray Karandikar Sfo Dattatray K. Karndikar, Age 48 years, Occ.
Service, R/o 105, New Sarvoday Pooja CHS, Patharli Road, Oop.Shiv Mandir,
Dombivil East-421207 Thane Dist. (Mah. St}
7. Kalooram Meena S/o Fateh Singh Meena, Aga 45 years, Occ. Services, Ria
G-1/402, Tripura CHS, Lok Dhara, Kalyan East-427306 Thane Dist. (Mah. St}
8. Krishnakumar Mishra S/o RG. Mishra, Age 50 years, Oce. Service, Rio 6-
shivdarsiar Apartment, tuoi ee Rompe: nae Road, Near Saket
Service, Rio 8.404. Vrundavan Park, Plot No.3, Sectorad, Kanohe. Panvel-
410209 Raighad Dist. (Mah. St}
10. Alok Chakraborty S/o Sachindranath Chakraborty, Age 46 years, Occ.
service, Rio 5, Apoorva Sagar CHS, Arun Sagar Complex, Kuigaon,
Badlapur (East)-424 503
Th Ashokan KV S/o P. Balan Nair, Age 45 years, Oce. Sarvice, Rio A601,
Kalpataru Arcade, Sector-4, New Panvel{E)-410206
Raigad Dist. (Maks St}
3 Aan Vrundavan: Park, Plot A No. 9, Sec. 34, Kamaothe, Pa etat0o06 Ralohed
Dist. (Mah. St)
43: Ishwarchand Gupta S/o Kheobchand Gupta, Age $2 years, Occ. Service,
Rio. 13, Shivesh Apartments, Pandurang Nagar, Chinchpada, Near BSNL
Telephone: Exchange, Kalyan (East)-421901
Thane Dist. (Mah. St)
14. Horilal Mehra Sfo Himmat Singh Mehra, Age 47 years, Occ. Senice, Rio
301, A/S Shree Complex, Barawe Road, Kadakpada, Kalyan (West)-421301
Thane Dist (Mah. St. 5
18. Bajrenglal Meena S/o Birbalram Meena, Age 49 years, Occ. Service, Rio
506, Chandrabhags Tower, Near Shree Complex Chowk, Adharwadi Jail Road,
Kaliwall, Kalyan (West)-421301 Thane Dist. (Mah. Sh)
OA Nos.210/2015,
1235/2016, 497/2014,
303/2014, 322/2013,
349/2013, 3S0/2013,
483/2013, 7192013
{Office Address of all applicants Sr. Station Manager's Office, Mumbai CST,
Mumbai-4900007 3
-~ Applicants.
Versus
I. Through General Manager, CSTM, Union of India CST, central Raliway,
Mumbat1.
2} Railway Board Through the Secretary, Ministry of Railways, New Delhi-
40001
3. The Chief Personnel Officer, Central Railways, CST, Mumbai-400001.
~ Respondents.
QA No.350/2013
1. Thandiram Meena, S/o Chhaju Ram Meena, Age 44 years, Occ. Service, R/o
701, Artideep CHS, Opp. Amrut Park, Kadakpada, Kalyan (West) 421301,
Thane Dist (Mah. St)
2. Kiredial Meena, S/o Khiladi Ram Meena, Age 45 years, Occ. Service, Rio
404, Bidg.No.iG, Neelkanth Park, Waylenagar, Kadakpada, Kalyan (Vest)
421301, Thane Dist. (Mah.St}
3 Milind Tanbaji Ukey, S/o Tanbaji Sakhararm Ukey, Age 44 years, Occ. Service,
Rio A102, Wastuswapnapurli Residency, Opp. New HP Petrol Pump, Katrap,
Badiapur (East) 421503, Thane Dist. (Mah.St)
4 Dip Ramchandra Chum ble, Sfo Ramchandra R. Chumble, Age 44. years,
Occ. Service, Rio A103 Sunder Nagar, Agra Road, Kalyan (West) 421301
Thane Dist. (Mah. St)
5 Arun Sitaram Pati S/o Sitaram Kundlik Pati, Arun Sitaram Pati, Age 44
years, Occ. Service, Rio 301, Sanjivani Bldg., Near Pragati College, Nandivall
Road, Dombivili (East) 427301 Thane Dist. (Mah.St}
6.Wilsen. Victor Das, S/o Victor Prabhakar Das, Age 47 years, Occ. Service,
Rio UJN-3, Type Bidg.Ne.17, Room. No.1, Sector 10, Vashi, Navi Mumbai
400708, Thane Dist(M8Q .
7.SunilS. Rumale, Sfo Sudhakar K. Rumaie, Age 44 years, Occ. Service, Rio
Flat No.26, Bldg.No.D-4/6, Radhanagar Towers, Barave Road, Kadakpada,
Kalyan(West) 421301 Thane Dist. (Mah, St) .
§.Sudhir Kumar Radhakrishnan, S/o Radhakrishnan P. Age 49 years, Occ.
Service, Rfo MSRBAHM19/1, Central Railway Offfeers Flats, LN Road,
Matunga (East), Mumbai-400019 (Mah.St)}
OA Nos.210/2013,
1252016, 497/2014,
16 S03/2014, 3222013,
349/2013, 3502015,
483/2013, 7192013
g Raiabhaiya S/o Kamel Ahmed, Age 59 years, Goce. Service, R/o 2-9, RBAL,
Berkely Place, Byoulla, Mumbal-400008 (M.S.}
10.Pravin P. Girap, S/o Pandurang Girap, Age 49 years, occ. Service, Rfo D-8,
REA, Berkely Place, Byculla, Mumbai-400008 (M.8.)
Li.Ravi Venkat Rao, S/o JV. Rao, Age 45 years, Occ. Service, Rio 104, Sai.
12.Raji Varghese S/o Mathai Varghese, Age 45 years, Occ. Service, Rio
8005/4, Laxmiparadise Bidg., 8th Floor, Opp.Mayor Bunglow, Kanakia Road,
Mira Road (East) 407109 (M.S)
i3.Kishore Kumar Bawaria, Sfo Jageshwar P Bawariya, Age-44 years, Occ,
Service, R/fo C/601, Gurudeo CHS, Plot No.27, Sec.20, Kamothe, Panvel
410209 Raigad Dist. {M.S}.
Office Address. of all above applicants Sr. Station Manager's- Office; Mumbai
CST, Mumbal-400 004. .
Applicants.
Versus ae
L. Union of India Through General Manager, CSTM, CST, Central Railway,
Mumbai-1 m
2. Rallway Board Through the Secretary, Ministry of Railways, New Delhi-
170001 ° oe
3: The Chief Personnel Officer, Central Railways, CST, Mumbai-460004
+ Respondents.
OAN0.4832013
1. Hemant £ Rathod, Age 45 years, Sfo Shri Liladhar J Rathod Residing at |
Shree Krishna Residency, Building No.Zz, BAWing, Room No.202. Hf Floor,
Valavill, Badlapur(West), Distt Thane, Pin-421503
2.Moreshwar Kiran Zade, Age 25 years, S/o Shr Kiran Zade, Residing at: H-2,
Surya Vihar, Badlapur(East}, Dist} Thane, Pin-421503
3.Sandeep Baliram Gimhavanekar, Age-37 years, S/o Late Shri BaliRam R
Gimhavanekar, Residing at: 206, Shyam Sundar, {) Floor S.J. Marg, Lower
Parel, Mumbai Pin-400013,
4. Satish Eknath Bidwe, Age 38 years, Sfo Late Shr Eknath Dada Bidwe,
Residing at Mangia Park, B-2/206, Barve Road, Khadkpada, Kalyan(est),
Distt Thane. Pin-427301
GA Nos.210/2013,
(25/2016, 497/2014,
SO3/20 14, 322/2013,
349/2013, 3550/2013,
ASRZOLS, FAG2013
§. Nilesh R Kulkarni, Age 43 years, S/o Shri Ramakant.G.Kulkarni, Residing at
Block No.6, 3d Floor, Vinayak Smiruti, Kasar Haat Lane, Tilak chowk,
Kalyan(Wes), Distt- Thane. Pin-421301
6. M.G. Sayed, Age 41 years, Sfo Shri Gazanfur All Sayed Residing af 105,
Soham Shree Cooperative Society, Ram baug Lan 0', Kalyan{ West),
Distt- Thane Pin-421301
7. Shailesh Kumar Rawat, Age 40 years, S/o Shri Raj Kumar, Residing at : RB-
2, 8/1, Railway Colony Jui Nagar, Sector 22, New Mumbai Pin-400705
&.Rajesh V.Wavdekar, Age 36 years, S/o Shn Vasant Baburao Wavdekar
Residing at BM, 302, Gokul Nagri, Gandhar Vilage, Kalyan(Vesi),
Khadakpada, Distt- Thane Pin-421301 .
-Applicants.
Versus
{. The Union of India, Through The Chairnan, Railway Board. Rail Bhavan
New Delhi 110 071.
2. General Manager, Central Railway, Headquarters Office, CSTM, Mumbai .
400 001.
3, Chief Personnel Officer, Central Railway, Headquarters Office, CSTM,
Mumbar 400 001.
4, The Divisional Railway Manager (DRM) DRM's Office, Central Railway,
CSTM, Mumbai 400 004. - Respondents. .
OA No.719/2013
4. GURDEVENDER SINGH, son of S. GURIQBAL SINGH, Date of Birth :
15.03.1952, Age: 62 years, working/worked as (MAIL GUARD- BCT, under Sr.
D.O.M. BCT, Western Railway, having office at Mumbai Central,
Murnbal 400 008, and residing at: Plot No.24, Road No.04, Sector No.01,. New
Panvel, District - Raigad, Maharashtra State, Pin Code -410 206.
2. PRADEEP VAMANRAO GUPTE, son of Vamanraa Gupte, Date of Birth
21.09.1951, Age: 62 years, warkingAworked as SR. : PASSENGER GUARD,
under Sr D.O.M. BCT. Western Railway, having office at Mumbai Central;
Mumbai 400 008, and residing at B/102, Sai Plaza, Sector 15A, Plot No.16,
New FPanvel, Navi Mumbai, Oistrict Raigad, Maharashtra Stete, Pin Code
470206,
3, LEROY D'SA, son of L.G.T. D'SA, Date of Birth: 12.10.1953, Age: 60 years,
working/worked as: SR. PASSENGER GUARD, under Sn D.O.M. BCT
Western Railway, having office at Mumbai Central, Murnbai 400 008, and
OA Nos210/2013,
[25/2016, 497/2014, .
is $0324, 322/2013,
349/2013, 3590/2013,
4835/2013, 719/013
residing at Sa/J, Western Railway Colony, Pali Hil Estate, Carter Road,
Bandra (West), Mumbai 400050,
4. VIJAY KUMAR PATHAK son of Q.R. Pathak, Date of Birth: 04.10.1956, Age:
&¥ years, working/ worked as: SENIOR PASSENGER GUARD, under Sr
DOM, BCT, Western Railway, having office af Mumbai central, Mumbal 400
008, and residing at: New Sherinike CHS, B/16, Ashok Nagar, Mulund (Vest),
Mumbai 400080.
§. JASWANT SINGH son of Sardar Balbir Singh, Date of Birth: 15.01.1960,
Age: 54 years, workingAworked as: MAIL EXPRESS GUARD-BCT, under Sr.
D.O.M. BCT, Western Railway, having office at Mumbai Central, Mumbai 406
O08, and residing at <= Flat Ne734, Bullding .No.85. Happy
Home Estate, Poonam Sagar Complex, Mira Road (East), District Thane, Pin
Code 401107. .
6. GURMIT SINGH BAJWA, son of Shr Sohan Singh Bajwa, Date of Birth:
02.01.1859, Age: 55 years, workingAworked as : MAIL/EXP. GUARD, under
Station Manager, Mumbai Central, Western Railway, Mumbai 400008, and
residing at : 43T/J-1, W.Rly Colony, Mumbai Central, Munibai 400 008.
7. VAY PARSHURAM SALVI, son of Parshuram Vishnu Salvi, Date of Sith :
29.08.1952, Age: 61 years, workingAvorked as ¢ (RETO) SR. PASSENGER
GUARD, under St D.O.M. BCT, Western Railway, having office at Mumbai
Central, Mumbai 400 008, and residing at : 202/D, Soni Sarowar Co-op. Hsg.
Sec. Lid, LT. Road, Old M.H.B. Colony, Borivall (West), Mumbai
B.VV. RAJAN, son. of VK. Velayudhan, Date of Birth: 07.03.1947, Age: 99
years, workingWworked as: SENIOR PASSENGER GUARD, under A.R.O.
Churchgate, Western Railway, having office al Churchgate, Mumbai 400 020,
and residing at' 8-302, Amardeep C.H.S. Lid., Plot 73, Sher-E-Punjab Colony,
Andhert (East), Mumbal 400093.
$. ARVIND MANILAL PATEL son of Manilal Munvar Patel) Date of Birth:
02.06.1955,- Age: 58 years, working/worked as: MAIL/ EXPRESS GUARD,
under Station Master, Mumba) Central, Western Railway, having office at
Mumbai Central, Mumbai 400008 and residing at : At Post Mograwadi,
Sahayog Nagar, Mukti Dham, Tal. And District Valsad, State of Gujarat, Pin
Code :
710. DILIP KUMAR TIWARI son of Kallash Chandra Tiwari, Date of Birth:
02.10.1956, Age: 57 years, warking/fworked as: MAIL EXPRESS GUARD-
BCT, under Sr DOM. BCT, Western Railway, having office af Mumbai
Gentral, Mumbai 460 008, and residing af : Flat No.73/14, Building No.8,
Happy Home Estate, Poonam Sagar Complex, Mira Road (East), District ;
OA Nos. 2110/2013,
: L23/2016, 4979/2014,
coe AG 2032014, 322/2013,
349/2013, 350/201,
4832013, 7192013
Thane, Pin Code - 401107.
i1. PRADEEP KUMAR P. san of VASUDEAVAN, Date of Birth © 07.10.1962,
Age. ST years, working/worked as: SR. PASSENGER GUARD, under Sr
D.O.M. BCT, Western Railway, having office af Mumbai Central, Mumbai 400
008, and residing at: B/14/S1, Raw house, Sector-7, Kanda Colony, New
Panvel, Navi Mumbai, District Raigad, Maharashtra State, Pin Cade 40206.
12. Dhirubhal Gulabbhal Patel son of Gulabbhai P. Patel, Date of Birth:
01.07.1956, Age: 57 years, working/ worked as: MAIL EXPRESS GUARD.
under Station Master, BCT, Western Railway, having office at Mumbai Central,
Mumbai 400 008, and residing at At Post G-3, Sangath Apartment,
Mograwadi, Valsad (Gujarat) Pin Code 396 001. 7
18. YOGESH M. MAKWANA, son of Maganbhai N. Makwana, Date of Birth:
07.01.1987, Age: 47 years, Sr Passenger Guard, Batch Gat 4600 under C/o
ARO. Churchgate, Churchgate Station, Western Railway, Mumbai 400 020,
and residing at®-2/61, Subhash Nagar, Teen Dongri, Goregaon (West),
Mumbai 400080.
14. SHAMSUR REHMAN KHAN SURI son of MOINUR REHMAN KHAN SURI,
Date of Birth : 12.07.1952 Age: 81 years, working/Aworked as MAIL GUARD,
under Sr. D.0.M. BCT, Western Railway, having office at Murnbai Central,
Mumbai 400 068. and residing at > Bullding No.S5, 3rd Floor, Flat No.306,
Station Road, Mira Road (East), District Thane, Maharashtra State, Pin
Coade:401 107.
45. CHIMANBHA! LIMJIBHA] VASAVA son of LIMJIBHAI RILABHAI VASAVA,
Date of Birth: 06.10.1955 Age: 58 years, working/ warked MAIL) EXPRESS
GUARD, under Station Master Western Railway, having office at Sura,
Gularat, and residing at 10, Vallabha Nagar Cooperative Housing Society,
Ganeshpoura, Amroli, Surat, State of Gujarat, Pin Cade - 394 107.
16. BALDEVSINGH DIPSINGH VASAVA son of Dipsingh Gulabbhal Vasava,
Date of Birth: 01.06.1955, Age: 58 years, working/worked as: MAIL- EXPRESS
GUARD-ST, under C/o Station Master, Western Railway, having office at Surat,
Gujarat, Pin Code 494 107, and residing at: 1798/0, Railway Colony, Surat,
State of Gujarat, Fin residing at Code 484107.
47. SHIMP! SOMNATH NARAYAN, son of Simp? Narayan Motiram Date of
Birth: 07.04.1955, Age: 58 years, working/ worked as: SENIOR PASSENGER
GUARD, under Station Manager, Nandurbar Railway Station, having office at
Nandurbar, State of Maharashtra 425 411, and residing at: Plot No.31, Shanti
Nagar, Wagheshwarl Mandir Road, At Post ~ Nandurbar, District Nandurbar,
State of Maharashtra -Pin Gode - 425 442.
18. RAMA SINGH YADAV, son of SUKHANANDAN YADAV Date of Birth:
01.08.1951, Age: 62 years, working/ worked as: MAIL EXPRESS GUARD,
under Station Manager, Mumbai Central, Western Railway, Mumbai Division,
OA Nas. 2110/2013,
1235/2016, 4972014,
20 SOB/2014, 3222/2015,
349/2013, 3502013,
#832013, 7192073
Mumbai, having office at Mumbai Central) Mumbai 400008, and residing at:
Sector-9, Survey No.004, "C" Wing, Vasant Nagri, Vasa! (East), District-Thane,
State of Maharashtra, Pin Coda -401 208.
a PRABHAKAR GANPAT GAONKAR, son of Ganpat 8. Gaonkar, Date of
D. OM. BCT, Western Railway, having office at Mumbai Central,
Mumbai 400 008, and residing at : 106-B, Sal Dham Apartment, R.R. Thukar
Marg, Near Gunesh Hotel, Jogeshwar (East), Mumbai, Pin Code > 400 060.
20. KANUBHAI ADALBHA! VASAVA son of Adalbhai Vallavbhai Vasava, Date
of Birth: 11.06.1955, Age: 58 years, working/ worked as: RETIRED MAIL- ~
EXPRESS GUARD, under C/o Station Superintendent BCT, Western Railway,
having office af Mumbai Central, Mumba! 400 008, and residing at: At Post
Udvada {RS}, Tal- Parc, District ~ Valsad, State af Gujarat, Pin Code 396 185.
21. Romesh Chand Gurug, son of Ramsingh Gurang, Date. of Birth:
12.08.1951, Age: 62 years, working/ worked as: MAIL XPRESS GUARD,
under Senior DOPST OM ae Memorandum -- BCE Western Raney having
Office ~ DARE District: canoes {FP} Pin Code -176 089.
22. SHAIKH AYAZ HUSSAIN son of Mohd. Hussain, Datecof Birth: 16.04.1960.
Age: 53 years, workingAvorked as: MAIL- EXPRESS GUARD, under Sr D.0.M.
BCT, Western Railway, having office at Mumbai Central, Mumbai 400.008, and
residing at 47/C/2, Agn Pada, Railway Calony, Mumbal-Central; Mumbai 400
O08.
23. PRAKASH NARAYAN MISHRA son of Shri Pushkar Narayan Mishra, Date
of Birth: 01.01.1849, Age: 65. years, working' worked as: MAIL/ EXPRESS
GUARD oe CENTRAL, under Station Superintendent, VuSSEEth ae
Alaknanda CHS, Sector-2, Vasant Naat 'Vasai (East). Pin Code - 401 208.
24. SURAT] PRAVINBHA] KARSHANBHA! son of Surail Karshanbhai
Nanubhai, Date of Birth: 12.10.1958, Age: 55 years, working! worked
as MAIV/EXPRESS GUARD- ST, under Station Master, Western Railway,
having office at Surat, Gujarat, Pin Code 494 107 and residing at 31/32,
Shrusht Society, Abhishek Township, New Kosad Road, Amroli, Surat Gujarat,
Pin Code No. 394 107.
25. NANDANOORI CHANDRA SEKHAR son of Nandanoori Ranganatham,
Date of BIMK: 28.07.1959, Age: 54 years, workingAvorked as: SR.
PASSENGER GUARD, under C/o ARO. Churchgate, Churchgate Station,
Western Railway, Mumbai 400 620, and residing at: Western Railway Quarters,
No.84/5, Near Railway Station, Andheri (East), Mumbai 40006¢.
~Applicanis,
Versus
1. Union of India, Through Secretary, Railway Board, Rall Bhawan, New Dethi,
OA Nos. 2102 013,
125/2016, 497/2014,
SUS/2014, 32272015,
34972013, 3350/2015,
$83/2013, 719/2013
Pin Code- 110 001.
2. The General Manager, Headquarters Office, Western Railway, Churchgate,
Murnbal 400 020.
3. The Divisional Railway Manager, Office of the Divisional Railway Manager,
Western Railway, Murnbal Division, Mumbal Central, Mumbal, State of
Maharashtra, Pin Code: 400 008.
- Respondents.
Appearances :<«
Raed a abi 4 4 ei
ahrioR. G. Walia, learmed counsel for tne
applicant in OA Nos. 2106/2013, 25/2016, 4397/2014,
applicants in GA Nos.349/2013, 3850/2013.
None for the applicant in OA Ne. 4833/2013
sel. .for. tha
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Shri SS. Ravi, learned counsel for the
resgondents in OA No. t25/2014.
Shri ¥. SS. Masurkar, learned counsel for tne
respondente in OA nas.497/2014, 5038/2014, 3282/2012,
R49 /202L38, 2350/2013, 4883/2013 and 7Ti9/s013.
COMMON ORAL ORDER
Per: R..N, SINGH, Member (3) These applications have been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the reliefs as under in OA OA Nos.2 10/2013, 1325/2016, 497/2014, ae SOS 2014, 322/2083, 34972013, 3350/2013, 4835/2015, FIS2013 No.210/2013:
"a. This Hon'ble Tribunal may be pleased to call for the records and proceedings which led to the passing of the impugned.arder dated 13.12.2012 and 15.02.2013 passed by the Respondents and after going trough its propriety, legality and constitutional validity be pleased to quash and set aside the same with full consequential benefits.
This Hon'ble Tribunal wil be pleased hold and declare that the Orders dated 224.2070 and 26.2010 as far as the present Applicants are concerned are legal and proper and the Applicants are entitled to the benefifs which accrued to them from the said Orders.
c. This: Hon'ble Tribunal will be pleased to order and direct the Respondents.to refund and return any amount recovered from the Applicanis with 18% interest per annum til the payment is made.
d.This Hon'ble Tribunal will be pleased to order-and. direct the Respondents. io immediately release the withheld retiral dues amounts in cases of the Applicants wha have retired from service with 18% interest thereon tll actual payment.
e, Costof this original Application is provided for:
fi, proper and necessary in the facts and circumstances of the case," Boe Reliefs in OA No.125/2016 "a)This Hon'ble Tribunal may be pleased to call for the records and proceedings which led to the passing of the impugned orders dated 12-f2- 2012, 12-09-2013, 11-06-2014, and 02-07- 2014 and after going through its propriety, legalty and constitutional validity be pleased to quash and set aside the same as far as it relates ta the Applicants with full consequential benefits of arrears or salary with 215% interest thereon.
b) This Hon'ble Thbunal will be pleased to hold and declared that the impugned action / orders as are challenged in this Orginal Application sbsolutely legal, wrang and in violation of the settled jaw a6 declared by various Tribunals, High Court and Supreme Court in respect of | & Hl MACP benefit in GP 4600 & 4800 to the Guards cadre of the Railways. This Hon'ble Tribunal will be pleased to hold and declare that the Applicants are entitled to the Grade Pay of Rs.4,800/- and Rs 4.800/- towards 2nd & 3nd MACP respectively and accordingly direct the Respondents fo grant / fix OA Nos.210/2013, 1252016, 497/20 14, 5035/2014, 322/203, 3492013, 3590/2013, 4853/2013, 7197/2013 the pay and salary of the Applicants from the date they complete 10 years in the Grade Pay of Rs.4,200/- by effecting Grade Pay of Rs.4,600/- towards 2° MACP and after another 10 years to grant Rs.4.800/- (or equivalent grade} towards 3° MACP with full consequential benefits and arrears of pay and salary with 21% interest thereon. c)This Hon'ble Tribunal may further be pleased ta hold and declare that the imougned Railway Board letter dated 12-
09-2013 cannot be relied upon to deny the benefit of 2nd MACP in Fis.4,600/- and the 3rd MACP in Rs.4,800/- fo the Applicants on completion of 10 years in a particular grade."
Reliefs in OA No.497/2014a. pleased to. call for the records and proceedings which led to the passing dated of the impugned order 15.7.2014 and 08.2014 and also a Show Cause Notice dated 06.06.2014 passed by the Respondents and after going through its propriety, legality 54 and constitutional validity be pleased fo quash and set aside the same with full consequential benefits.
b. This Hon'ble Tribunal wil be pleased hold and declare that the Orders dated 13.07.2010 as far as the present Applicants are concerned are legal and proper and the Applicants are entitied to the benefits which accrued fo them from the said Orders.
c. This Hon'ble Tribunal will be pleased to order and direct the Respondents to refund and return any amount if recovered from the Applicants with 18% interest per annum fill the payment is made.
d. This Hon'ble Tribunal will be pleased to hald and declare that the Applicants who are working as Guards are enfiled fo the Second Financial Upgradation in Grade Pay of Rs.4600/- and Third Financial Upgradation in Grade Pay of Rs. 4800/- on completion of 20 and 30 years of servine respectively.
e. Caost-of this original Application is provided far; _ d. Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary In the facts and circumstances of the case.
Reliefs in OA No.503/2014"a This Hon'ble Tribunal may be pleased to call for the records and proceedings which fed to the passing of the impugned order dated 15.7.2014 and 08.2014 and also a Show Cause Notice dated 06.08.2014 passed by the Respondents and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same with full consequential benefits.
OA Nos. 20/2013, L2S/2016, 497/2014, a4 SOS/2014, 3522/2013, 349/2013, 3350/2015, 4$3/2013, 7192015 6b. This Hon'ble Tribunal will be pleased hold and declare that the Orders dated 13.01.2010 as far as the present Applicants are concerned are legal and proper and the Applicants are entitled to the benefits which accrued to them from the said Orders.
c. This Hon'ble Tribunal will be pleased to order and direct the Respondents to refund and return any amount if recovered from the Applicants with 16% Interest per annum tl the payment is made.
d. This Hon'ble Tribunal will be pleased to hold and declare that the Applicants who are working as Guards are entitled to the Second Financial Upgradation in Grade Pay of Rs.4600/- and Third Financial Upgradation in Grade Pay of Rs.4800/- on completion of 20 and 20 years of service respectively.
e. Gost of this original Application is provided for; .
ad. Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts "and circumstances of the case,"Reliefs in OA No.322/2013
"8.1 This Hon'ble. Tribunal will be pleased fo call for the-records and the Proceeding and affer perusing the same, be pleased-to 8.2 Further be pleased to direct the Respondent No 2 & 3 to refix the pay of the Applicant in the light of the ACPAMACP and after fixing. the Pay along with arrears and interest thereon, admissible under the provision of the Law.
8.3 Jo hold and declare that the action of the Respondent Authorifies is. discriminatory in nature and violation of Art 14 and Art 16 of Constitution of india.
8.4 To grant any such other and further Rellefs as may. be deemed fit and proper in the facis and circumstances of the case."~~Reliefs in OA. No.349/2013
fa] Quash and set the impugned Order dated 15.02.2013 and 43.12.2012 (ann. A-1 & A-1()).
{b] Direct the respondents to continue the benefits of Grade Pay of Rs.4600/- granted to them under the MACP Scheme. --
ic] Saddle the cost.
id] Any other.
QA Nos.210/2013, 1235/2016, 497/2014, 5303/2014, 3223/2013, 349/2013, 3280/2013, 483/2013, 719/2013 Reliefs in 3506/2013 fa] Quash and set the impugned Order dated 15.02.2012 and 43.12.2012 {ann A-1 &A-10)}.
ib] Direct the respondents to continue the benefits of Grade Pay of Rs.4600/- granted to them under the MACP Scheme.
fo] Saddle the cost.
id} Any other.
Reliefs in OA No.483/2013*a) This Hon'ble Tribunal may be pleased fo call for the records and proceedings which fed to the passing of the impugned order dated 25.07.2013 by the Respondents and after going through ifs propriety, legality and Constitutional validity be pleased to quash and set aside the same with ail consequential benefits.
b} This Han'bis Tribunal will be pleased to hold and declare that the Orders dated 16.03.2011, 17.06.2017 and 16.10.2012 granting Financial Upgradation to the Applicants are legal and proper and the Applicants are entitled to the benefits which accrued to them from the said orders.
c} Cost of this Original Application is pravided for.
a) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case."Reliefs in OA No.719/2013
- *g) This Hon'ble Tribunal may be pleased to call for the records and proceedings which led fo the passing of the impugned order dated 13.12.2012 passed by the Respondents and after going -
through its propriety, legality and constitutional validity be pleased to quash'and set aside the same with full consequential benefits.
b. This Hon'bie Tribunal will be pleased to hold and declare that the Applicants are entitled fo the Grade Pay of Rs.4600/ on completion of 20 years of service and Rs.4800/- on completion of 30 years of service under the MACP Scheme and accordingly refix their pay and pension (of Applicants who have retired).
¢. This Hon'ble Tribunal will be pleased to order and direct the Respondents to pay the Applicants In accordance with the Grade Pay of Rs.4600/- on completion of 20 years of service and OA Nos.210/2013, L25/2016, 497/2014, 26 SOS/2014, 3222/2013, 349/2013, 3502013, 483/2013, 7i9/2015 Rs. 4800/- en completion of 30 years of service with arrears of difference of salary, pay and pension and other retiral dues with 21% interest therean tl actual payment.
qd. This Hon'bie Tribunal will be pleased to order and diract the Respondents to fix the pay and pension of the Applicants in the Grade Pay Rs.4600/- on completion of 20. years of service and Rs.4800/- on completion of 30 years of service under the MACP Scheme. .
¢. Cost of this original Application is provided far;
¥. Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case."
2. The apolicants in all the above OAs are S ed to be similarly placed, the reliefs} sought by the applicants in all the OAs-are stated to be identical and therefore with the consent of the parties all the aforesaid OAs have together and are being disposed of by a common order.
ot
3. The applicants commenced service with the tespondants as the Goods Guard and moved in the career as Senior Goods Guard, Passenger Goods Guard and Mail Express Guard at various points of time. After the 6 CPC the Goods Guard was itt ted in the Pay Band-l with Grade Pay Rs.2800 whereas the higher level posts of Senior Goods Guard, LL 3 Passenger Guard and Guard (Mail Express} were P25/2016, 497/2014, 503/2014, 3222/2013, 349/2015, 3506/2013, 483/2015, 7192013 fitted in PB-IT.. with Grade. Pay of Rs.d200. The applicants received ons promotion from the Goods x pty Guard to Senior Goods Guard and after grant of the benefit of MACP Scheme in the Grade Pay of ci Rs.4600/ and agsog/- in consecutive up-gradation, the respondents have withdrawn the said benefit under the MACP on the ground that their promotion from Senior Goods Guard to Passenger Goods Guard and then to Guard (Mail Express}, represented promotion and they would only be enbitled for pay 4 4, Figation in the same GF.
a, Tt is the claim of the applicants that the moment those promotional posts are kept in identical pay scale with identical Grade Pay can not be counted as promotion for the purpose of refusal of the benefits under MACP up-gradations they are entitled to the 2 and 3% up-
om ar gradations on the respective dates of eligibility to the levels of GP 4600/- and 4800/-. SB. The learned counsel for the applicant relies on a catena of judgments which include the 4dudgment of the Hon'ble High Court of Madhya OA Nos.2 10/2013, {2S/2016, 497/2014, 28 5038/2014, 322/2013, 349/2013, 3350/2013, 4893/2013, T19/2013 Prasdesh at Jabalpur dated 20.11.2015, ain WP No.13031/2013 the Hon'ble High Court took note of the para-9 of the earlier decision of the Rrnakulum Bench of this Tribunal which was favourable to the applicants and on challenge the + .'ble High Court had granted an as
193)
--
oh.
cerim stay pee ey ct the matter was pending decision before that Court.
wo tu After elaborate discussion on the various arguments preferred by the petitione rs and the respondents, the Hon'ble High Court of Madhya Pradesh held in para-i10 and ib as beiow;
"TG : We yave ne he:
the Division Bench "of "All Court, for the simple reaeet categorical statement shoul mads in that respect petitioners herein that persons like respondent were gr the benefit of promotion in cout ms° "of the Regulations or Rules made by the petitioners in. due. course of time including the financial benefits and upgradation. Secondly, merely because of the merger of the. pay scales any novement of Senior Goods Guard te the post of Passenger Guard was not to be treated AS a promotion unless otherwise provided under the Service Rules. If Ao: Was A promotion, in what manner such consideration was done and whether that Was granted to. the persons like respondent in due course OA Nos.210/2013, 1235/2016, 497/2014, 503/20 14, 3222013, S49/2013, SMVZOL3, 483 /2013, Fi92013 of employment in... terms of those Regulations or not, was required to be roved by the petitioners. Nothing in that respect has besn produced before the Tribunal. A bald statement that the MACPS would not be applicable in case of persons like respon veer * is not enough since if is requir to Bs demonstrated by the netitione themselves that the said MACPS is made Lor a specific purpose and for specific class of employees who have remained in stagnation in the matter of promotion for a leng time, Broadly interpreting the provisions of paragraph 5 and § of the aforesaid MACPS, we are of the considered opinion that no error of law was "committed by the Tribunal in making the said Scheme applicable for the persans Like respondent. However, gincs certain facts were not clarified by the petitioners before the Tribunal, that opportunity to conduct an enquiry in that respect and to examine the cases of ¢ach and every individual separately was granted by the Tribunal by the impugned order. We are of the considered opinion that even such an opportunity was not required to be granted. to the petitioners in view of the fact that though petitioners being employer were having all the information in respect of so-called promotion of respondent, the said information was not produced before the Tribunal in adequate manner. However, we are not inclined to interfere in the order of the Tribunal ony and are not willing to disturb the id liberty granted by the Tribunal for the reason the said aspect is not called in question by the respondent before us.
SSS GA Nos.210/2013, 2016, 4979/2014, O3/2014, 322/2013, (2013, 3350/2013, 3/2013, FEQAO1S 123 30 303 389 $
4. 4 4 4 iil oo: In view of the discussions mads herein above, we find no force in these writ petitions, which deserve to be and are hereby dismissed. Howsver, looking to the facts and circumstances of the case parties to. the writ petitions to bear their own cost.
red accordingly."
Cr ks my, @ ry
6. The learned counsel for the applicant also referred to the orders of the Hyderabad Bench of this Tribunal dated LO.LOs20L8 in a batch of cases which refers to the various decisions of the Jaipur, Ernakulum, Ranchi and Jabalpur Benches of this Tribunal and the judgment of the Hon'ble High Ph JhRarkhand and Allahabad and further % Court 1 eo 'relies on the decision of the Principal Bench of this TesPunal. im OA No.i4dil/2ol2 which in turn rélied on the udgments of the Hon'ble High Court of Delhi an WPic} 3420/2000 which relates to the demand of nurses in the Ministry of Health for grant of MACP and had recorded as follows:
13. Being on the subject the Honourable Principal Bench of this Tribunal in OA 141 of 2012 quoting Honourable Delhi High Court dudgment aD WE EC} No. 3420/2016 reproduced below, has upheld the principle of es 3 ONE eS oF et fk wet pen er OG RRERS LS SES Es oF K, "ey spe ty oy OF . . - ; by 4 QO Bem © O ' YH WG mR LG bm SVHHH OHO SHEE GE SHYLAY DY OE GH Oe DRA eS ae Geegs Shao ge eey ers or soyr seat seg gecass segassks @ SO sk ty oe v4 ty 43 ' my pF 3 at fhe Go oted a + tm 4a & CP rho & 2 mm So <i mW & SO pM PG tet o « a BE eG he O 2 OHH af SV OSU Bo mS wb oes * % es L2o~nq 88 wy Mo 8 on, @ g. oo HH wy My iy OM OBAR w ye Gg ® ny fy | gy gy @ ay AW et ome AO en $a ot MS ty eyo op @ LS , 'oe a Sy o 4 q "ef ms SS Q Rs as Ch Cs 5 me 4 ; f 3G omy oN « we I ety 4 af ae ef ES 2 a MS Fs 'Ono os 5 D 82 " of @ tet = 4. D om & a0 3 BO Ye ox ma 7 Be ew se BO SB" Bog BOR NS Oo. wy 2D 4 a, G mM 43 ot SH @& Fan * OD ey sa ty. St " ge Cy veg Sa 8g PE wy Lo" © oY 4% ® OS 2 g Bm gM a oy Ba Ma 6 oo © 4D ue a cs 6 oy yy hy 're ay & uy hag he ty & " an m4 es mf o c wy ay ¢ HOD og oO Ro gg oN i oe sa GOD Bo Bn mn ™ 5 & st % Gia, aN ag "rh RD pt ee . , gy Fp tpg < wy PORE PERS "ako 0 EO eam, rs wy a et © @ 7 4 gg Aa & BOOB Loc 8 +a o 8 ob Oe os a A go BS my = ® tJ ra OO SS ye 4 4 Moe ct & og DR Re S ba os P ay co Og me 4 ge Sear Ae oy OH yy Smeg OR Re aad EFS oC A OCR:
oy & Migr Bow B a ay tt ty ® w oo uy OH SO a son om eo UGS Bg Oe "SH Hy ghee 3 am. Fe & hws ee RD Bs Ky 4s a <3 ® mx "rf $3, Oo gm wy Bey as ey mS ie aS a ; 4) % gO og Pw BOS ge Boy eB Geko l> « © y 25 2 "Sa & é fog EE we Soe ogy ' Ye 4 @ SA " Sy" DM 4g bs na " 4 eo gas Soesty sda BGS AR SG aa gta" . One sSers " ye i" . toe 4 { 5 *, " ot Ct ke : BOG 9 4 ty ort 'RR oa SL Bo N 4, 2 2 es gk ay aon Pip 8 fo ye, HAE Pay, o" CSS WSS WR EERO NG SP GoM WHY HTS > ay, "3 ma gO qf Die OD 3S o & wey Ry FG Ly Gor May 4 i 4 y 3 te em, se Ge RS ha bey rg OS % rf fo 's, i Q 8) as po 45 ~ % & 3 Loe a ky a, . my S a Si 2 £3 fe, 8.9
-- 8 Ss gue oto 4S Bea Gad sg 3 ean SPA CHa Fo FA. Ug cy we weed a ms Ty Ao ot 0 hoo 3 GC cs 5 cy seh ES "e4 2 toy MM hs S eA Gg 4 go i 8 a Oy mi ¢ Er AD e 44 ag 2 = 2 D a Yy +t GR GO Ora O & cs oe 15 we 0 x . O a o Hy nod <4 wy hoe} mo 4 4 S a OS my tt Mn ed iH 4 Ry oe he p os sR Te a eS oO we ee ee SOS wy Bors ct mh OO DO YU Mom Gy me EG Sap DBE OO ° mm i iy HU OL © Pe Oe eR OR fe BOB BB AAG RAO GUE SD "Gu URE ESO Cae a go 4 4 i ¥ +p a OF } cue eH he A c & £ oh. rt DP WEA DGeDGee ane Dog eabsemuvaoggox, oon aAmoad ogy s GA Nos.210/2013, $25/2016, 4979/2014, 32 §$03/2014, 3322/2013, 349/2013, 3950/2015, 4832013, 7198/2013 it ais against the verv spirit of MACPS, and if the contention of the = mes e * Fie os 2 on respondents is to be accepted, then tea Fanancial upgradation will be given to in %, v. = ~~ -- ¥ 2 --:
the ANS even efter grant of third R me Fy oy . ow tn . on ' .
MACKS, which is mot the antention of introduction of the MACR Scheme, and the appiicants are entitied to the Grade Pay of Rs. 6@00/- and no recovery wre] a o c z 20 Z : = will be made from the applicants of ee ot at . :
the difference paid to them. The OA deserves to be allowed.!
4. The respondents moved the Honourable Suoreme Court against the Judgment of the Honourable High Court of Jharkhand in SLP 4501/2017 dt 24.03.2017 but it was dismissed "Ss ait was found thet there was no reasons tsa ntervene, Similarly the verdict of che Honourable High Court of Allahabad was upneld by the Supreme Court im. .SL?P No. i342i1 of 2014 dt. 29.08.2024, aa
7. The Bench also noted the dismissal of SLP No.4501/2017 vide order dated 24.03.2017 against the order/judgment of the Hon'ble High Court of Jharkhand and in similar terms the judgment of the Hon'ble High Court of Allahabad was upheld by the Hon'ble Apex Court Ne. 13421 /2014 dated 29.08.2014, The learnsd counsel for the applicants aiso invites our attention to the para 15 of the order/iudgment dated 10.10.2018 of the Hyderabad Bench which records as below:
SSS SSS SSS SSS SSS SSS SSRN taeda de dedaneasanvenaunaluecle OA Nos. 2100/2013, P25/2016, 4977/2014, S03/2014, 32272013 349/2013, 350/2013, 483/2013, 719/2013 at oN i5. When. different divisions of the Same zone i.e. South Central Rallway and the Agmser division of North Western Railway zone coming under the same Railway Ministry, extended the benefit under MACPS to similarly placed employees iike the applicants, the proper course of action for the respondents, who are a part and parcel oF the Railways, as to extend the similar benefits as was observed by the Honourable Supreme Court in @. ¢C. Ghosh Vs. Union of India reported in 1992 (19) ATc 94 where it was held as under:
'In the ight of the command of Article 14 and 16 of the Constitution of India the same treatment is reguired to be accorded to the petitioners regardless of the fact that they are serving the fastern Railway unless it is shown that there is something distinguishing feature, for according a different treatment..' The MACP and the pay revision have been coeval and on the recommendations of the VI Central Pay Commission. Existence of the same Grade Pay. for both promotional post and the feeder grade post is not uncommon in various grades and in various departments which the Pay Commission is conscious of And, equally conscious has' been the Pay Commission when it introduced in MBACP Scheme the "next higher grade pay." Instead of recommending the gradé pay attached to the promotional post, the Pay Commission recommended next higher grade pay 4&6 financial upgradation. This conscious decision would be frustrated and stultified if due regard to the term 'next higher OA Nos.210/2013, 1252016, 4972014, SO3/2014, 322/2013, 349/2013, 3590/2013, 4852013, FLB2015 <4 $e qgyrad@ pay'! is not given and the Grade Peay Of the promotional post 1s granted. In contra distinction te the eariier ACP Scheme, which afforded, the higher pay scale attached to the promotional post, . the MACP contemplates only. the next higher Grade Pay. The Grade Pay consists of Rs.i800, 1900, 2000, 2400, 4200, 4600, 4800, 54060, 6600, ete., Grant of the immediately next higher Grade Pay is the financial upgradation under the MACP Scheme. Tt has no nexus -with the Grade Pay attached to the promotional post. Por Example, a feeder vost may carry the Grade pay of Rs.4,200. and LES Promotional post may have-Rs.4,800 as the Grade Pay. When a person stagnates in the Grade Pay of Rs.4,200/~ without getting the next promotion which carries a grade pay of Rs.4,800/-, he becomes antitled for grant of financial upgradation, which would be the Grade Pay of Rs.4600/- and not 4,800/-. This next higher grade envisaged in the MACP Scheme, is thus, independent of the grade. pay attached to the next promotional post."
8. While passing orders in the matter the iB Hyderabad Bench also held that the respondents * should treat their orders in rem only the 3 7"
guidelines in the OA are issued in order to not drive similarly placed employees for similar Ee;
reliefs to this Tribunal and who are working in Railway Board.
Ai) NANI SISSIES EEE sececnstiee OA Nos.210/2013, 125/2016, 49772014,
88. $03/2014, 322/2013, 349/2013, 3560/2013, 483/2013, 7149/2013
9. - The Learned counsel for the applicants also affirms that all theses judgments have already been imolemented and submits that he has evidence to show that the decision in the judgment of the Hon'ble High Court of Allahabad has since been
19. Further, he also relied on the judgment of the Ernakulum Bench of this Tribunal dated 11.04.2018 in OA No. 917/2014 which had duly noted that the fact that its previcus order had heen w stayed by the Hon'ble High Court of Kerala. but then goes on to record that the same cannot be reason to disagres with the decision of the Bench taken in OA No.650/2011 being under consideration before the Hon'ble High Court and the order not attaining finality and the same would not preclude them From adopting the same stand.
ii. "The learned counsel for the respondents has Stated that the recent orders of the Tribunal, Bench at Exrnakulum had also been taken to the Hon'ble High Court and orders were awaited and < WAS would presumably be neard along with tne case OA Nos.210/2013, 12/2016, 497/20 14, 36 5032014, 322/2013, J4G2OTS, 3502015, $83/2013, 7192013 which has aliready been stayed. He arques that the of Jabalpur oh a7 iyderabad an te 3 decision of the Bench at is ail rested eventually on the original decision of the Ernakulum Bench. In particular he referred to the applicants set out in the recent order dated 12.04.2015 of the Ernakulum Bench which 'states that the various posts involved in the career fogression of the applicants have not bean merged eS Pe but only their scale have been merged ts the extent that certain posts now have the same Grace ay and therefore, the applicants were only nommended by the o entitled to pay fixation as re ct x Authorised body which is the 6° pc and the applicants were therefore entitled only to pay fixation as prescribed,
12. He further contends that the concerned POSTS are stated to subsist and are not merged even teday and are not merged. With regard to the reliance "On the dismissal on the Hon''bie Apex Court the learned counsel for the respondents refers to the compilation of judgments submirt t ' oh.
by him which includes tne guidelines sat ouk in ar ee oe OA Nos.210/2013, 1259/2016, 4907/2014, S0S/2014; 3232/2015, 349/2013, 3502013, 4839013, 71972013 3 oe Ehe cas m of Kumasi Ahmed and Ors. reported in 2000 {6} sce 359 dated 19.07.2000 to argue that the mere dismissal of the SLP will not become a binding precedent and this Tribunal is required to .
consider that the original order/judgment of thi:
ft Tribunal at Ernakumum Bench has been stayed by the Hon'ble High Court of Kerala and many of the Bo subsequent judgments of Ernakumun Bench. of this Tribunal have been the subject matter of the challenge before the Hon'ble High Court of Kerala and the same are yet to be adjudicated.
x i} th i is. We have hea t foe 1@ learned counsels for the parties and have carefully perused the case
14. Tk is an admitted fact that the reliefs have been granted by order and judgments of ~ © ten 3 i 4 % mihi various benches of this Tribunal and the Hon'bie High Court(s} at various locations to similarly ) TR ract imilar in these placed persons. The facts are Similar in th i ic adopted in 7 a in similar eases and the logic adopted in them are ins lso not in dispute that the judgment ps i rs OG if rH ct ts @ iy 4 kh a Eas moe et Hon'ble High Court of BRllahabad, referrea of the OA Nos.2 10/2013, : 125/2016, 497/201 4, 38 3032014, 3223/2013, 3492013, 3502013, 483/2013, 7FIG2013 to herein above has attained finality in as much as the same has been implemented by the respondents i.é€. other zones of the Railway. It is anr Qo evident from the aforesaid that the judgment ue be $3) Pay of the Ranchi Bench of this Tribunal has attaine fh finality in as much es the WE filed against the same as well as the SLP filed hefore the Hontble Apex Court has been dismissed.
15. We cannot ignore the fact that the judgment of the Hon'ble High Courts are binding upon this Tribunal.
16. in these circumstances, these OAs. deserve to be allowed and are accordingly allowed.
L?., The orders impugned in the 'respective OKs are quashed and set aside. The Tespondents are directed toa grant 2° .anq@ 38 financial up- gradation to the applicants in inmediate next nigner grade(s) pay under MACP to the applicants from the dates from which the same have become due to the applicants along with the consequantial OA Nos.210/2013,
- (25/2016, 497/2014, 39 SO3/2014, 3223/2013, 349/2013, 350/2013, 483/2013, Fi9/2013 and other admis sible benefits flowing therefrom with interest @ 6.58 p.a. on the arrears.
is. ye is Further directed that in case any wh recovery has been made from the applicants in view of the impugned orders, the respondents are directed to refund the same to the respective applicants with interest at the rate of 6.5% p.a. from the date the same was recovered till payment thereof.
5he aforesaid exercise shall be completed pel ig.
by the respondents 4&8 ©% peditiously as poss gible Fy Ch and in any case within iQ weeks from the date o:
receipt of certified copy of this arder.
hay shall be no orders 45 to costs.
iD REELS bey
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