1
1
1
Principal Bench
OA 527/2015
With
OA 536/2015, OA 534/2015, OA 3997/2014
OA 619/2015, OA 4419/2014, OA 4004/2014,
OA 3999/2014 and OA 3998/2014
New Delhi this the 15th day of September, 2015
4. RABIN HALDER,
Father's/Husband's Name- Late Jatindra Nath Halder,
aged about 67 years,
retired as Ex AA on 31/01/09 bearing PPO_NO 02101833609 Dy CAO/TA/Kol
resident of Vill + P.O= Jaynagar Majilpur(Kayalpara), Haridas Dutta Road,
P.S.Jopynagar,Dt.24-Pgs(S), Pin-743337
6. SAMIRAN DUTTA,
Father's/Husband's Name- Late Fatik Chandra Dutta,
aged about 62 years,
retired as Ex AA on 30/04/13 bearing PPO_NO 02102029013 Dy CAO/TA/Kol
resident of Sahara, Banerjee Para, P.O.Michel Nagar, P.S.Dum Dum Airport,
24-Pgs(N),Pin-700133
7. SUKHESWAR MANDAL,
Father's/Husband's Name- Late Chhitan Mandal,
aged about 61 years,
retired as Ex AA on 31/08/14 bearing PPO_NO 02102092514 Dy CAO/TA/Kol
resident of Vill-Karpur, P.O.Pali Mohan, Ps.Khajaulie, Dt.Madhubani(Bihar),
Pin-847229
CAO/TA/Kol
resident of Barasat Housing, Flat No.B7/13, Noapara, P.O.Noapara,
P.S.Barasat, Kolkata -700125.
CAO/TA/Kol
resident of 31/3/F, D.N.Mukherjee Road, Srirampur, P.O.Mullickparfa,
Dt.Hooghly, Pin-712203
Oven,Dt.Burdwan,Pin-713201
Podopukur,Dt.Kolkata-700014
VERSUS
1. UNION OF INDIA,
Through its Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
4. DEPUTY DIRECTOR
Pay Commission – V
Ministry of Railways
Pragati Maidan
Near Pragati Maidan Metro Station
New Delhi – 110001
5. FA & CAO
Eastern Railways,
17, Netaji Subhash Road
Kolkata – 700001 …RESPONDENTS
OA 536/2015
1. SUBHASISH MUKHERJEE,
S/O LATE K. C. MUKHERJEE,
AGED ABOUT 58 YEARS,
WORKING AS AA IN THE OFFICE OF FA&CAO/RBC/ER/KOL
RESIDENT OF B/3, UTTARAYAN APPTT.,
BACHASPATI PARA, P S-TITAGARH,
DIST.- 24 PGS(N) - 700123
3. MADHABI BISWAS,
S/O SUNIL KUMAR BISWAS,
AGED ABOUT 52 YEARS,
WORKING AS AA IN THE OFFICE OF FA&CAO/RBC/ER/KOL
RESIDENT OF CENTRAL PARK, DIST.- 24 PGS: (S),
P S: & P O-SONARPUR,
KOLKATA - 700150
32
OA 527/15 with eight others
4. SAMBUDDHA GANGULY,
S/O LATE S. K. GANGULY,
AGED ABOUT 53 YEARS,
WORKING AS AA IN THE OFFICE OF FA&CAO/RBC/ER/KOL
RESIDENT OF ANKIT, FLAT NO.G1,
166, AVENUE SOUTH, SANTOSHPUR,
P S-SURVEY PARK, KOLKATA - 700075
5. KAMAKHYA MAJUMDAR,
S/O SRI S. N. MAJUMDAR,
AGED ABOUT 50 YEARS,
WORKING AS SR. SO(A) IN THE OFFICE OF FA&CAO/RBC/ER/KOL
RESIDENT OF 166A, G.T.ROAD,
PO -BAIDYABATI, P S-SERAMPORE,
HOOGHLY- 712222
6. SUBHASISH BAGCHI,
S/O LATE N. C. BAGCHI,
AGED ABOUT 51 YEARS,
WORKING AS AA IN THE OFFICE OF FA&CAO/RBC/ER/KOL
RESIDENT OF VILL.- SARADA PALLY,
P O-& P S-TARAKESWAR, HOOGHLY-712410
47. MD SHAMIM,
S/O LATE NOOR MOHAMMAD,
AGED ABOUT 49 YEARS,
WORKING AS AA IN THE OFFICE OF FA&CAO/BOOKS/ER/KOL
RESIDENT OF NEW LIFE TOWER TYPE - B, 4TH FLOOR,
BANKRA DAKCHIN PARA, P O + PS: NAYABAZ,
DIST: HOWRAH- 711112
48. B S KAR,
S/O LATE PRATAP CHANDRA KAR,
AGED ABOUT 53 YEARS,
WORKING AS SR SO(A) IN THE OFFICE OF FA&CAO/BOOKS/ER/KOL
RESIDENT OF AB-9/21, DESHBANDHU NAGAR,
P.O : DESHBANDHU NAGAR BAGUIATI,
P.S: BAGUIATI , DIST- 24 PGS: (N),
KOLKATA
49. K C BANERJEE,
S/O LATE BHAKTIPADA BANERJEE,
AGED ABOUT 51 YEARS,
WORKING AS AA IN THE OFFICE OF FA&CAO/BOOKS/ER/KOL
RESIDENT OF 84/B/40 D.D.C.ROAD, P.O+ P.S: DUMDUM,
DIST:KOLKATA 700074
DAKSHINESWAR, KOLKATA-700076
KOLKATA - 700030
433. A.V.R.M.RAO,
S/O LATE A. RAJA RAO,
AGED ABOUT 62 YEARS,
RETIRED AS EXAA ON 30/09/12 BEARING
PPO_NO 02090174412 WAO/LLH
RESIDENT OF 34, S.C. CHATTERJE STREET,
BELUR, HOWRAH
VERSUS
1. UNION OF INDIA,
THROUGH ITS SECRETARY,
MINISTRY OF RAILWAYS,
RAIL BHAWAN
NEW DELHI – 110001
2. RAILWAY BOARD
THROUGH ITS CHAIRMAN
MINISTRY OF RAILWAYS
RAIL BHAWAN
NEW DELHI – 110001
4. DEPUTY DIRECTOR
PAY COMMISSION – V
MINISTRY OF RAILWAYS
105
OA 527/15 with eight others
PRAGATI MAIDAN
NEAR PRAGATI MAIDAN METRO STATION
NEW DELHI – 110001
5. FA & CAO
EASTERN RAILWAYS,
17, NETAJI SUBHASH ROAD
KOLKATA – 700001 …RESPONDENTS
OA 534/2015
6. SMT.SHIKHA SENGUPTA,
Father's/Husband's Name- KALYAN SENGUPTA,
aged about 54 years,
Working as AA in the office of Dy CAO/TA/Kol
resident of 38R.Jyotish Roy Road,P.S. Behala,P.O.New Alipore, Kolkata-700053
9. DEBASISH TOKDAR,
Father's/Husband's Name- Late Saradindu Tokdar,
aged about 53 years,
Working as AA in the office of Dy CAO/TA/Kol
resident of 27/1,Purbachal,P.O.Rahara, Kolkata-700118.
834001
Pin-700047.
Dist.Hooghly,Pin-712246.
P.S.Bidhannagar
(South),Dist. 24Pgs(North),Pin-700097.
127. MD NASIM,
Father's/Husband's Name- Late Abdul Aziz,
aged about 56 years,
Working as AA in the office of Dy CAO/TA/Kol
resident of 312,Belilious Road,P.O. &P.S.&Dist. Howrah,Pin-711101.
- Burdwan, Pin-713101
700135
265. P.GANESH,
Father's/Husband's Name- Late K.G. Parameswaran,
aged about 46 years,
Working as A.A. in the office of Dy CAO/TA/Kol
resident of 7A, Chanditala Lane,1St Floor, Flat No.7, P.O.-Regent, P.S.-
Regentpark, Dist.-24Pgs(S)-700040
resident of 39/1A, P.L.Ganguly Road, P.O. & P.S. Bally, Dist.- Howrah Pin -
711201
resident of 92A, Bamacharan Roy Road, P.O. & P.S. Behala, Dist.- Kolkata -
700034
resident of Alo' No. Hig-10, Stadium Para, P.O. & P.S. Katwa, Dist.- Burdwan,
Pin - 713130
Dt.Kolkata-700004.
711112
700034
VERSUS
1. UNION OF INDIA,
Through Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
4. DEPUTY DIRECTOR
Pay Commission – V
Ministry of Railways
Pragati Maidan
Near Pragati Maidan Metro Station
New Delhi – 110001
5. FA & CAO
Eastern Railways,
Fairlie Place
17, Netaji Subhash Road
Kolkata – 700001 …RESPONDENTS
OA 3997/2014
3. Abheek Mandal
S/o Late N.G. Mandal
Aged about 59 years,
Working as A/CO Asstt. In the office of FA&CAO/GRC
Resident of Ulu Danga, Balanagr,
Kolkata -700140, West Bengal
4. Samarjit Sarjar
S/o Late R.B. Sarkar
Aged about 58 years,
Working as A.A. in the office of FA&CAO/GRC
Resident of 75/1, Adhar Das Road,
Bridge – Bridge, Kolkata -700137
West Bengal
5. Trishna Dattu
D/o Late B.N. Ghosh
Aged about 54 years,
Working as AA in the office of FA&CAO/GRC
Resident of 11/2, Bishr Laxmi Tala Road,
Behala, Kolkata – 700060
West Bengal
6. Dipak Saha
S/o Late Balaram Saha
Aged about 49 years,]
Working as AA in the office of FA&CAO/GRC
Resident of 18/2/1, Banerjee para Road,
Kolkata – 700041, West Bengal
7. Sandip Bhattacharya
S/o Sri S. Bhattacharya
173
OA 527/15 with eight others
8. Rina Basu
D/o Late Fatsk Ch. Sarkar,
Aged about 53 years,
Working as A/CO Asstt. In the office of FA&CAO/GRC
Resident of 55 Kayastha Para Main Road,
Kolkata – 700078, West Bengal
20. Maitreyeede
D/o Late Chandi Charan De,
Aged about 48 years,
Working as AA/ Budget in the office of FA&CAO/GRC
Resident of 70/3, Postal Park,
P.O. & P.S.- Bansdroni, Kolkata -700070,
West Bengal
60 Srikumar Chowdhury
S/o Late P.G. Chowdhury,
Aged about 60 years,
Working as Ex. Sr.SO (A) in the office of Dy.FA &CAO (W/S)/KGP
Resident of Plot -208, Hijli Co-op. Society,
Kharagpur, West Bengal
West Bengal
VERSUS
1. UNION OF INDIA,
Through Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
4. DY. DIRECTOR,
Pay Commission –V
185
OA 527/15 with eight others
Ministry of Railways
Railway Board,
Pragati Maidan
Near Pragati Maidan Metro Station
New Delhi – 110001
5. FA & CAO
South Eastern Railways,
Garden Reach,
Kolkata – 700043
6. FA & CAO
Eastern Railway,
Kolkata …RESPONDENTS
OA 619/2015
2. AVA DASGUPTA,
Father's/Husband's Name- Late Manik Lall Dasgupta,
aged about 67 years,
retired as EX.AA on 30/06/08 bearing PPO_NO 02101814908 /ER/Kol
resident of 134/A, Netaji Colony, Baranagar, Kolkata - 700 090.
3. SUSANTA MUKHERJEE,
Father's/Husband's Name- LATE B. D. MUKHERJEE,
aged about 62 years,
retired as EX.AA on 28/02/14 bearing PPO_NO 02101796207 /ER/Kol
resident of 40/A Dharmatala Lane,P.O. Bhadrakali,Dist. Hooghly-712232
7. SANDIP NEOGI,
Father's/Husband's Name- LATE PANCHANAN NEOGI,
aged about 65 years,
retired as EX.SV on 31/08/10 bearing PPO_NO 02101901010 /ER/Kol
resident of 91/5, Neogi Para Road, Baranagar, Kolkata - 700 036.
Kolkata-700150
resident of Ha 324, C/1, Sector Iii, Salt Lake City, Kolkata 700097
VERSUS
1. UNION OF INDIA,
Through its Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
4. DEPUTY DIRECTOR
Pay Commission – V
Ministry of Railways
Pragati Maidan
Near Pragati Maidan Metro Station
New Delhi – 110001
5. FA & CAO
Eastern Railways,
17, Netaji Subhash Road
Kolkata – 700001 …RESPONDENTS
OA 4419/2014
3. KANUGOPAL SINGH
S/o Sri Mogra Singh
Aged about 55 years
Working as AA in the office of Sr. DFM/SER/KGP,
Resident of Vill –Chaknarayan Bhanja,
P.O. – Anttarkhi, P.S. Kharagpur (Local)
Dist. Paschim Medinipur,
West Bengal
5. IVY KUSHARI
D/o Late Rama Prasad Dutta
Aged about 48 years
Working as AA in the office of FA&CAO/GRC
209
OA 527/15 with eight others
7. TANUSREE SADHUKHAN
For Late Husband Jayanta Kr. Sadhukhan
Widow of Jayanta Kr. Sadhukhan
Aged about 39 years
Working as AA in the office of FA & CAO/Metro RLY/KOL
Resident of 9 B – Nirode Behari Mullick Road,
Kolkata – 700006
18. T. C. Das
S/o Late N. N. Das
Aged about 51 years
working as AA in the office of FA&CAO/GRC
Resident of Uttar Baksara,
Fariadpur Block, Baksara Howrah -711110,
West Bengal
VERSUS
1. UNION OF INDIA,
Through Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
4. DEPUTY DIRECTOR
Pay Commission – V
Ministry of Railways
Pragati Maidan
Near Pragati Maidan Metro Station
New Delhi – 110001
5. FA & CAO
South Eastern Railways,
11, Garden Reach Road
213
OA 527/15 with eight others
Kolkata – 700043
6. FA & CAO
Metro Railway, Kolkata
33/1 – Jawaharlal Nehru Road,
Kolkata - 700071 …RESPONDENTS
OA 4004/2014
2. DEVASHIS SINHA
S/o Late N.P. Sinha,
Aged about 56 years,
Working as Sr. S. O. (A) in the office of Sr. D. F. M. /ADA
Resident of Nadiha, Purulia, Distt. Purulia,
West Bengal
3. Puspa Gopal,
D/o Late H.K. Purohit,
Aged about 62 years,
Ex-AA of Sr. D. F. M. /ADA
Resident of Adra, Distt. Purulia,
West Bengal
6. SUBRATA MUKHOPADHYAY,
S/o Late H.C. Mukhopadhyay,
Aged about 58 years,
Working as AA in the office of Sr.D.F.M./ADA
Resident of Adra, Distt. Purulia,
West Bengal
7. CHITTARANJAN LAI,
S/o Late Ram Nath Lai,
Aged about 72 years,
Working as Ex. Sr.S.O. (A) in the office of Sr.D.F.M./ADA
Resident of Bankura, Distt. Bankura,
West Bengal
8. KAMAL GUPTA,
S/o Late S.K. Gupta,
Aged about 59 years,
Working as Ex- Sr.SO(A) in the office of Sr.D.F.M./ADA
Resident of Bankura, Distt. Bankura,
West Bengal
9. PHALGUNI CHAUDHURI,
S/o Late Dr. H.k. Chaudhuri,
Aged about 65 years,
Working as Ex- Sr.SO(A) in the office of Sr.D.F.M./ADA
Resident of Purulia, Distt. Purulia,
West Bengal
West Bengal
37. S. Chattopadhyay,
S/o Late H. Chattopadhyay,
Aged about 50 years,
Working as AA in the office of Sr.D.F.M./ADA
Resident of Jugipara, Distt. Bankura,
West Bengal
West Bengal
Versus
1. UNION OF INDIA,
Through Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
4. DEPUTY DIRECTOR
Pay Commission – V
Ministry of Railways
Pragati Maidan
Near Pragati Maidan Metro Station
New Delhi – 110001
OA 3999/2014
8. Manabendra Sahoo,
S/o Late Jugal Ch. Sahoo
Aged about 38 years
Working as AA in the office of Sr.DFM/KGP
Resident of Rly. Qtr. No. 574/W, Kharagpur,
West Bengal
9. Anita Chakraborty
W/o P.K. Chakraborty
Aged about 58 years
Working as Ex.AA in the office of Sr.DFM/KGP
Resident of Hizli, Kharagpur,
West Bengal
27. Utpalkanti DE
S/o S.D. De
Aged about 57 years
Working as AA in the office of Sr.DFM/KGP
Resident of Midnapore, Kharagpur,
West Bengal
37. K. Narsimha
S/o Late KRK Rao
Aged about 45 years
Working as AA in the office of Sr.DFM/KGP
Resident of (Jhapetapur), South Side,
Kharagpur, West Bengal
West Bengal
VERSUS
1. UNION OF INDIA,
Through Secretary,
Ministry of Railways,
Rail Bhawan
New Delhi – 110001
2. RAILWAY BOARD
Through its Chairman
Ministry of Railways
Rail Bhawan
New Delhi – 110001
4. DY. DIRECTOR,
Pay Commission –V
Ministry of Railways
Railway Board,
Pragati Maidan
251
OA 527/15 with eight others
5. FA & CAO
South Eastern Railway
Garden Reach
Kolkata – 700043 …RESPONDENTS
OA 3998/2014
1. Bilash Dherma
S/o Siva Prasad Dherma,
Aged about 55 years,
Working as Sr.SO (A) in the office of SR.DFM/BSP/SECR
Resident of Qr. No. 862/A, Canstor Colony/ Bidnapur,
Bilaspur, Chhattisgarh
2. Awadh Kishore,
S/o Late Rameshwan Prasad,
Aged about 53 years,
Working as AA in the office of SR.DFM/BSP/SECR
Resident of Indisa Colony, Talibahar, Balaspur,
Bilaspur, Chhattisgarh -495004
4. William Dungdumg
S/o Francis Dungdumg,
Aged about 53 years,
Working as SSO in the office of SR.DFM/BSP/SECR
Resident of Qtr No. RF/11/2B, Wireless Colony,
Bilaspur, Chhattisgarh
5. P.K. Pattanayak
S/o Jadumanu Nayak
Aged about 50 years,
Working as SSO in the office of SR.DFM/BSP/SECR
252
OA 527/15 with eight others
7. Upendra Panda,
S/o Nolamani Panda,
Aged about 51 years,
Working as SSO (A/G) in the office of SR.DFM/BSP/SECR
Resident of 778/B Construction Colony BSP,
Bilaspur, Chhattisgarh
20. A S Munly
S/o Late ASN Mauly
Aged about 47 years
Working as SSO in the office of SR.DFM/BSP/SECR
Resident of Q. No. 1056/B, Central Block,
Bilaspur, Chhattisgarh
Bilaspur, Chhattisgarh
42. J. V. Pundarikasha
S/o Late J. Krishna Rao
Aged about 52 years
Working as AA in the office of SR.DFM/BSP/SECR
Resident of Rly. Qtr.No. 790-B, Construction Railway Colony,
Bilaspur, Chhattisgarh
46. O. Mitali
S/o Sri B.K. Goswami
Aged about 42 years
Working as AA in the office of SR.DFM/BSP/SECR
Resident of BlockNo.2, Vinayak Parisar,
Hera Nagar Bilaspur,
Chhattisgarh
48 Rajesh Choudhary
S/o Sri. Ragendra Chouudhary
Aged about 43 years
Working as AA in the office of SR.DFM/BSP/SECR
Resident of A-20, Ganesh Height,
Sai Dham, Torwa, Bilaspur,
Chhattisgarh
259
OA 527/15 with eight others
53. K. Narsimham
S/o Late K.J. Acharyulu
Aged about 64 years
Working as Retd. AA in the office of SR.DFM/BSP/SECR
Resident of House No.12, Ward No.37, Kasimpura
Bilaspur, Chhattisgarh
54. J. Kujur
S/o Nikolan Kujur
Aged about 64 years
Working as Retd. AA in the office of SR.DFM/BSP/SECR
Resident of opp. Dhan Mandi Tarwa Bilaspur,
Chhattisgarh
55. F. Kujur
S/o J. kUJUR
260
OA 527/15 with eight others
61. L.Rajulu
S/o Late L.Ramayya
Aged about 62 years
Working as Retd AA in the office of SR.DFM/BSP/SECR
261
OA 527/15 with eight others
62. S.P.Mukherjee
S/o Late. B.P. Mukherjee
Aged about 65 years
Working as Retd. AA in the office of SR.DFM/BSP/SECR
Resident of Vinayak Parisar, Bajaj Colony,
Hemu Nagar, Bilaspur,
Chhattisgarh
63. A. V. Subramanyam
S/o Sri A.B. K. Sastry
Aged about 63 years
Working as Retd. AA in the office of SR.DFM/BSP/SECR
Resident of Towa Sai Dham Rasal Sai ,
Appt.F2 Balarpur Bilaspur,
Chhattisgarh
64. D.P.Choudhari
S/o Dinesh Chandra Choudhari
Aged about 74 years
Working as SSO(A)/ Retd in the office of SR.DFM/BSP/SECR
Resident of Raja Mukherjee, Flat No. A/302,
Vaishali Enclave, Bilaspur,
Chhattisgarh
68. K.P.Sahu
S/o Late S.P. Sahu
Aged about 62 years
Working as AA in the office of SR.DFM/BSP/SECR
Resident of Tckmnpora Jalcghmha Road Raipur Bilaspur,
Chhattisgarh
S/o B R Panda
Aged about 47 years
Working as Sr.DSO in the office of FA&CAO/Con/BSP
Resident of Q. No. 17/4, Type –III, Wireless Colony,
SECR, Bilaspur,
Chhattisgarh
89. S. Mahaptra
S/o Late A. Mahapatra
Aged about 53 years,
Working as Sr. AFA in the office of FA&CAO/Con/BSP
Resident of 1520/A, Rly. Office Colony,
Bilaspur, Chhattisgarh
133. S. Banra
S/o Dumbi Banra
Aged about 51 years
Working as Sr.SO in the office of FA&CAO/HQ/BSP
Resident of Qr. No. 2/1, Type –III,
New N.E. Colony, Budhnari
Chhattisgarh
139. S. Bhooma
D/o Sri S.S. Rangarajan
Aged about 50 years
Working as Sr.SO (A) in the office of FA&CAO/HQ/BSP
Resident of L-10, Vinoba Nagar,
Shastri Colony, Bilaspur,
Chhattisgarh
143. Balaram De
S/o Ajit Kumar De
Aged about 53 years
Working as AA in the office of FA&CAO/HQ/BSP
Resident of Qtrs No. 779/B, Construction Colony,
Bilaspur, Chhattisgarh -495004
152. Basudev SA
S/o Late Bansidhar SA
Aged about 47 years
Working as Sr. SO (A) in the office of FA&CAO/HQ/BSP
Resident of 23/4, Ty-III, Wireless Colony,
Bilaspur, Chhattisgarh
Chhattisgarh
163. AK Vinaiker
S/o Late B. Harshcharan
Aged about 49 years
Working as Sr. AFA/T in the office of FA&CAO/HQ/BSP
Resident of A/16, Sai Dham, Torwa,
Bilaspur, Chhattisgarh
167. T. Srinivas
S/o Late T.A. Narasimham
Aged about 46 years
Working as Sr. TIA in the office of FA&CAO/HQ/BSP
Resident of H. No. 36/679, Bajaj Colony,
Dhan Nandi Road, Torwo,
Bilaspur, Chhattisgarh
Versus
1. Union of India
Ministry of Railways through its secretary
Railways Board
Rail Bhawan
New Delhi
2. Ministry of Finance
Through its Secretary
Nirman Bhawan
New Delhi.
4. Dy. Director
Pay Commission-V,
Ministry of Railways,
Railway Board,
Pragati Maidan,
Pragati Maidan Metro Station,
New Delhi- 110001
5. FA & CAO
South East Central Railway,
Raipur, Chhattisgarh
ORDER
as they all deal with the same issue and dispose them of by this common
order.
Senior Section Officers of the Railways. Their case is that the V Pay
graduation but they were given only the normal replacement scale of
Rs.1400-2300/- for JAAs to be paid with effect from 1.01.1996 i.e. the
5). By this order, the following pay scales were granted to this category:
280
OA 527/15 with eight others
the applicants were held entitled to the benefits of the revised pay scale
with effect from 1.01.1996. The respondents were directed to grant the
applicants the arrears of revised pay and allowances for the period from
by the respondents was also dismissed vide order dated 1.08.2013 by the
Hon’ble Supreme Court. The order dated 30.06.2006 passed by the CAT
5. The Hon’ble Patna High Court granted similar relief to some other
No.11452/2005 before the Hon’ble Patna High Court was also dismissed
vide order dated 3.04.2013. A Special Leave to Appeal against the order
of the Patna High Court bearing no.1587-1588 /2014 was also dismissed
“We do not find any legal and valid ground for interference.
The special leave petitions are dismissed. However, the relief
granted by the Central Administrative Tribunal (CAT) as
affirmed by the High Court shall be confined to the parties
before the Tribunal as well as before the High Court. This is
without prejudice to the rights of other claimants which will
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7. Learned counsel for the applicants argued that the Patna High Court
vide order dated 9.04.2010 had directed that the relief granted to the
Special Leave Appeal against the order of the Patna High Court, the
Hon’ble Supreme Court modified the order to the extent “This is without
own merit as and when any such claim is raised.” Therefore, it is only
after the Hon’ble Supreme Court passed the order that the applicants
Anil Kumar Roy and others Vs. Union of India and others, this
Tribunal has laid down that in cases where a principal or common issue of
identical cases without forcing the other employees to approach the Court
Ghanshyam Dass (2) and others, (2011) 4 SCC 374 has explained the
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principle laid down in K.L. Shephard Vs. Union of India, (1987) 4 SCC
431 that it is not necessary for every person to approach the Court for
relief and that it is the duty of the authority to extend the benefit of a
“a)………..
b)………….
It is submitted that in the present case the order dated 7.03.2003 passed
by the respondent whereby the revised pay scales were granted to the
been set aside by the judgment passed by the CAT, Ernakulam Bench and
Patna High Court and both these judgments have been confirmed by the
Bench and Patna High Court, it is no where stated that the order dated
7.03.2003 stands modified qua only to the applicants before the Court.
Babu and others Vs. Union of India and others, (1996) 6 SCC 473
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Section 19 of the Act is filed and the question involved in the said
10. The learned counsel for the applicants also referred to Bharat
Sanchar Nigam Limited Vs. Ghamshyam Dass (2) (supra) where the
11. Based on the above, the applicants pray that since similarly placed
persons have been granted same relief including arrears of pay from
12. The first objection of the respondents is that the OA filed by the
basis with effect from 19.02.2003. It is argued that the Hon’ble Supreme
Court in Bhoop Singh Vs. Union of India, JT 1992 (3) SC 322 have
held that the judgment and orders of the Court in other cases do not give
cause of action and the cause of action has to be reckoned from the
The learned counsel further relied upon Dhiru Mohan Vs. Union of
India, Full Bench CAT 1989-1991 Vol. II page 498 where it has been held
specific limitation, the Limitation Act cannot be invoked for deciding the
13. Learned counsel for the respondents argued that pay scales for
U.P. Vs. J.P. Chaurasia, AIR 1989 SC 12; UOI and another Vs. P.V.
(supra), the Hon’ble Supreme Court held that the matter of pay scale
does not just depend upon either the nature of work or volume of work
two posts may appear to be the same or similar, but there may be
question the court can enquire into is whether appropriate policy has
equation of posts had been done on some basis, the same should not be
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altered so as to equate with some other post and enhance their pay
scales.
14. It is further argued that the core question of law involved in this
Commission Report or otherwise. This legal issue has already been settled
by the Hon’ble Supreme Court in the matter of Arun Jyoti Kundu’s case
the matter of Arun Jyoti Kundu vide their order dated 27.07.2007 have
ruled as under:-
15. It is also argued that the matter of grant of pay scale by the
further stated that the applicants have attempted to equate their case
with the category of Artisan Staff, Master Cook and Primary School
Teachers. However, these cadres are distinct and not comparable at all
with the Accounts Staff, the category to which the applicants belong.
respondents also raised the issue that this OA is not maintainable also on
the ground that the applicants have accepted the pay scale in the year
2003 without any protest and later they cannot agitate on the same. He
argued that when the Hon’ble Supreme Court vide order dated 7.07.2014
and when any such claim is raised” and thus it would not be applicable
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here but only in respect of those whose cases are pending before any
Court.
18. Lastly, it is argued that if the applicants’ prayer is accepted, this will
placed on State of Punjab Vs. Amar Nath Goyal, (2005) 6 SCC 754
and it was stated that the Hon’ble Supreme Court in several cases has
ruled that financial implications have definite role in fixing a specific date
19. Shri Kripa Shankar Prasad learned counsel for the respondents
adjudicated on its own merit as and when any such claim is raised. It is
argued, therefore, that this would clearly mean that the claim of the
applicants has to be examined on merits and not on the mere fact that
similarly placed persons have been granted benefit by the Hon’ble High
counsel for the applicants submitted that both CAT, Ernakulam Bench as
well as Patna High Court have decided the case in favour of the applicants
after arriving at the conclusion that the applicants have been meted with
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18.02.2003.
21. We have heard learned counsel for the parties, gone through the
22. On the question of limitation, we agree with the learned counsel for
the applicants that it is only after the Hon’ble Supreme Court’s judgment
that they could approach the respondents in August 2014 for redressal of
there has been no delay. This objection of the respondents is, therefore,
not sustainable.
23. On merits of the case, we find that the Pay Commission had
government in its wisdom, later on, revised the pay scales with effect
The Patna High Court gave the benefit of arrears from 1.01.1996 on the
ground that three other cadres namely Artisan Staff, Master Cook in
Railways have been given the benefit from 1.01.1996 whereas the
Accounts Assistants were denied this benefit and the respondents failed
Bench order of the Tribunal in Pradeep Kumar Sharma and others Vs.
Union of India and others, 2003 (1) ATJ 1 where similar issue in
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was considered and benefit was given. Therefore, a situation has arisen
Railways have been given the monetary benefit of higher pay scale from
/2014 (supra) has directed that the relief granted by CAT as affirmed by
the High Court shall be confined to the parties before the Tribunal as well
as before the High Court. Further it left it open for new cases to be
judgment of the Patna High Court that the Writ Petition has to be in a
of the Indian Railways, all of whom shall get the benefits of appropriate
pay-scales w.e.f. 1.01.1996, and the judgment of the Patna High Court
24. In our view, the issue here is not of deciding pay scales. That has
expert bodies like a Pay Commission. The issue here is that once the Pay
government in its wisdom revised the same with effect from the date the
1.01.1996, does it automatically mean that all monetary benefits are also
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to be given from that date i.e. 1.01.1996. We feel that this purely a
the financial burden to the exchequer, which in this case has been
Pay Commission and if different employees had been given benefits from
This is not an isolated case where the government has upgraded the pay
follows:
The scale was not even revised from 1.01.1996, the date of
25. It will be clear from the above quoted order that this upgradation
was not recommended by the Pay Commission but was a result of policy
particular pay scale would be made effective. This view is consistent with
the ratio laid down by the Hon’ble Supreme Court in Arun Jyoti Kundu
(supra) has confined the earlier CAT order as affirmed by the High Court
to the parties before CAT/ High Court and further left it open for new
26. In view of above discussion, we are of the view that this cannot be
costs.
/dkm/