Central Administrative Tribunal - Allahabad
Shakeel Ahmad Khan vs General Manager E C Rly on 11 October, 2017
OPEN COURT
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Dated: This the 11th day of October 2017.
HON'BLE DR. MURTAZA ALI, MEMBER - J
HON'BLE MR. GOKUL CHANDRA PATI, MEMBER -A
Original Application No.330/01240 of 2017
1. Shakeel Ahmad Khan, aged about 59 years, Son of
Farooque Ahmad Khan, Resident of Colony MGS
Chandauli.
2. Chandra Mohan Lal, aged about 55 years, Son of late Suraj
Prasad, Resident of Colony MGS Chandauli.
3. Rama Shankar Yadav, aged about 55 years, son of Late
Suraj Prasad, R/o Quarter No.253/1, Jaiswal School Road,
Near Idea Tower Lot No.2, Mughalsarai, Chandauli.
4. Rajesh Kumar Srivastava, aged about 55 years, son of
Murali Manohar Srivastava, R/o H. No.2/B-82, Awas Vikas
Colony, Pandeypur, P.O. and P.S. Pandeypur, Varanasi.
5. Iqbal Ahmad Siddiqui, aged about 50 years, S/o Late
Mohd. Ashfaq, R/o Quarter No.1398 'C' Manas Nagar,
Mughalsarai, Chandauli.
6. Surendra Kumar Singh -III, aged about 55 years, son of
late Ram Jas Singh, R/o Quarter No.730EF Central Colony,
Mughalsarai, Chandauli.
7. Mahendra Prasad Singh, aged about 57 years, S/o
Ayodhya Singh, R/o Quarter-Rajputana Mohalla, Hans
Bhawan, Dehrion Sone, District Rohtas (Bihar).
8. Ashish Kumar Poddar, aged about 56 years, son of Amiya
Kanti Poddar, R/o Quarter No.128/KL Marshalling Yard,
Gaya, P.O. and P.S. and District Gaya (Bihar).
9. Dewashish Prasad, aged about 58 years, son of late
Mathura Prasad, R/o Quarter NO.Near Employment
Exchange Office, P.O. Dalmiya Nagar, District Rohtas
(Bihar).
10. Shatrughana Yadav, aged about 59 years, son of Late
Mukhi, R/o Village Parariya, P.O. Jhakim, P.S. Rafiganj,
District Aurangabad (Bihar).
11. Harendra Prasad, aged about 54 years, son of Late Deo
Sharan Prasad, R/o Quarter No.537 'B' Gaya Colony,
Mughalsarai, Chandauli.
Page 2 of 6
12. Pradeep Kumar Pal, aged about 55 years, S/o Late Jai
Narayan Raj Pal, R/o Village Dimwa, P.O. Hardoi,
Jagdishpur, District Ara (Bihar).
13. Prahalad Prasad Yadav, aged about 57 years, son of Late
Ramjee Prasad Yadav, R/o Quarter No.10 IJ Old Central
Colony, Mughalsarai, Chandauli.
14. Devendra Prasad, aged about 53 years, son of Dashrath
Paswan, R/o Quarter No.1386 Á' Manas Nagar,
Mughalsarai, Chandauli.
15. Ramoo, aged about 55 years, son of Late Ram Nath, R/o
Quarter No.1127, Co Gaya Colony, Mughalsarai,
Chandauli.
16. Ajay Kumar Srivastava, aged about 58 years, son of Late
Krishna Chand Srivastava, R/o H. No.10/65C-9 Budh
Nagar, Sarnath, Varanasi.
17. Suresh Kumar Vishwakarma, aged about 59 years, son of
Late Sheo Shankar Vishwakarma, R/o H. No.1257,
Bechupur, Nai Basti, Behind Dr. Urmila Niwas,
Mughalsarai, Chandauli.
18. Udai Kumar Sinha, aged about 59 years, son of Late
Chaturbhuj Sinha, R/o Quarter No.805, New Central
Colony, Mughalsarai, Varanasi.
19. Brij Raj Tiwari, aged about 60 years, son of Late Sita Ram
Tiwari, R/o Quarter No.209/A, Marshalling Yard, P.S.
Delha, District Gaya (Bihar).
20. Ganesh Prasad, aged about 56 years, son of Bishram
Prasad, R/o Quarter No.102, Hanumanpur, Mughalsarai,
Varanasi.
21. Krishna Kumar Srivastava, aged about 57 years, S/o Late
Ranjeet Prasad Srivastava, R/o Quarter No.645, Subhash
Nagar, Mughalsarai, Chandauli.
22. Tauhid Alam, aged about 57 years, son of Late Mahmood
Raza, R/o Quarter No.432 CD II Colony, Mughalsarai,
Chandauli.
23. Sudama Prasad, aged about 59 years, Son of Late Kirti,
R/o Quarter No.753 'B'New Central Colony, Mughalsarai,
Chandauli.
24. Om Prakash Singh, aged about 54 years, son of Late
Bharat Singh, R/o H. No.1109, Subhash Nagar,
Mughalsarai, Chandauli.
25. Mahendra Nath Pandey, aged about 55 years, son of Late
Bansh Raj Pandey, R/o Quarter No.208/A, Marshalling
Yard, Gaya, P.S. Delha, District Gaya (Bihar).
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26. Mritunjay Tiwari, aged about 51 years, son of Gauri
Shankar Tiwary, R/o Quarter No.751, New Central
Colony, Mughalsarai, Chandauli.
27. Surendra Kumar Singh -I, aged about 53 years, son of Late
Bharat Singh, R/o Quarter No.888 CD Shastri Colony,
Mughalsarai, Chandauli.
28. Badruzzama Haider, aged about 56 years, son of Sheikh
Sahabuddin, R/o Quarter No.337-CD II Colony,
Mughalsarai, Chandauli.
29. Md. Salman Ashraf, aged about 52 years, son of
Moinuddin Ahmad, R/o H. No.69, Kashaw Mohala,
Mughalsarai, Chandauli.
30. Pramod Kumar -II, aged about 58 years, S/o Late Lallan
Chaudhari, R/o Mohalla Gajradh, P.O. Street No.1 B, Ward
No.4, P.O. and P.S. Sasaram, Rohtas.
31. Ram Pravesh Ram, aged about 54 years, son of Late Sarjoo
Ram, R/o Quarter No.967A, Nai Basti, Gandhi Nagar,
Mughalsarai, Chandauli.
32. Amanullah Khan, aged about 53 years, son of Mahmood
Khan, R/o Banglow No.7/C, Inspector Colony, near AEN
Office, District Gaya (Bihar).
.................. Applicants
By Adv: Shri Jaswant Singh
VERSUS
1. The Union of India, through the General Manager, East
Central Railway, Hajipur, Bihar.
2. The General Manager (Personnel), East Central Railway,
Hajipur, Bihar.
3. The Divisional Railway Manager, East Central Railway,
Mughal Sarai (U.P.).
4. The Senior Divisional Personnel Officer, East Central
Railway, Mughal Sarai (U.P.).
5. The Railway Board, through the Chairman, New Delhi.
................ Respondents
By Adv: Mr. Prem Shankar Prasad
Page 4 of 6
ORDER
BY HON'BLE DR. MURTAZA ALI, MEMBER - J The applicants have filed this O.A. under section 19 of Administrative Tribunals Act, 1985 seeking a direction to allow them to draw Grade Pay Rs. 4600/- as made available to similarly situated Guards under Mugha Sarai Division of East Central Railway.
2. The brief facts of the case are that the applicants are working in the cadre of Guards under Mughal Sarai Division of East Central Railway. They were earlier extended the benefit of M.A.C.P scheme in the year 2010 and their pay was accordingly fixed. In view of Railway Board letter dated 10.2.2011 (Annexure A-6) and the letter dated 21.2.2011 (Annexure A-7) issued by the General Manager (Personnel) East Central Railway, Hajipur, the benefit granted under M.A.C.P scheme to the applicants was withdrawn w.e.f. August 2015 without giving any notice or opportunity of hearing.
3. The applicants have filed a representation dated 3.10.2016 (Annexure A-11) against the withdrawal of said benefit, which has not yet been disposed of. It is stated that some similarly situated persons had filed O.A No. 1241 of 2011 which was allowed by C.A.T Allahabad Bench on 24.9.2012 (Annexure A-9). The writ petition No. 18244 of 2013 filed by the Page 5 of 6 respondents has been dismissed on 19.7.2013 (Annexure A-10) and the respondents have also complied with the order dated 24.9.2012 passed in O.A. No. 1241 of 2011. It is further stated that the applicants were senior to some of the applicants of O.A. No. 1241 of 2011. It has been prayed that the applicants are similarly situated to the applicants in O.A. NO. 1241 of 2011 and therefore, they are also entitled to get similar benefit.
4. Heard Sri Jaswant Singh counsel for the applicant and Shri Prem Shankar Prasad counsel for the respondents and perused the record.
5. Learned counsel for the respondents has conceded that the applicants are similarly situated to the applicants of O.A. No. 1241 of 2011.
6. Learned counsel for the applicants submit that the applicants shall be satisfied if the respondents are directed to extend similar benefit to the applicants to draw Grade Pay of Rs.4600/- as they are similarly situated to the applicants of O.A No. 1241 of 2011 within specified period of time.
7. In view of the above limited prayer made by the counsel for the applicants, the instant O.A. is disposed of at the admission stage itself. The respondents/competent authority are directed to consider and decide the representation of Page 6 of 6 applicants dated 03.10.2016 (Annexure A-11) for extending similar benefit to them for drawing Grade Pay of Rs.4600/- if they are similarly situated to the applicants of O.A. No. 1241 of 2011, within a period of two months from the date of receipt of certified copy of this order. There is no order as to costs Member (A) Member (J) Manish/-