Reserved (On 11.10.2018) CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD

Dated: This the 15th day of November 2018

Hon’ble Mr. Gokul Chandra Pati, Member – A Hon’ble Mr. Rakesh Sagar Jain, Member – J

Original Application No. 330/00331 of 2015

1. Satya Narain, S/o late Kali Charan, Presently, posted as Mail Guard at North Central Railway, Allahabad.

2. Pradeep Kumar Rathore, S/o R.L. Azad, Previously, posted as Mail Guard at North Central Railway, Allahabad, since retired on 28.02.2015.

3. Ashok Kumar Updhayay, S/o K.M. Uuphayay, Presently, posted as Mail Guard at North Central Railway, Allahabad.

4. J.G. Nand Srivastava, S/o late R.N. Srivastava, Presently, posted as Mail Guard at North Central Railway, Allahabad.

5. Sameer Kumar Srivastava, S/o late Anand Shankar Srivastava, Presently, posted as Mail Guard at North Central Railway, Allahabad.

6. Syed Akhtar Husain, S/o late Syed Mohammad Husain, Presently, posted as Mail Guard at North Central Railway, Allahabad.

7. Satya Prakash, S/o Sri Banshi Lal, Presently, posted as Mail Guard at North Central Railway, Allahabad.

8. Vijendra Pratap Singh, S/o late P.B. Singh, Presently, posted as Guard at North Central Railway, Allahabad.

9. Ravi Ranjan Singh, S/o late Dhani Raj Singh, Presently, posted as Guard at North Central Railway, Allahabad.

10. Mohd. Zafar Farooqui, S/o Zabair Ahmad, Presently, posted as Guard at North Central Railway, Allahabad.

11. Ram Krishna Tripathi III, S/o Ram Narayan Tripathi, Presently, posted as Mail / Express Guard at North Central Railway, Allahabad.

12. Jwala Prasad Pandey, S/o late Ram Kishor Pandey, Presently, posted as Guard at North Central Railway, Allahabad.

13. Vinod Kumar Singh II, S/o late Sudama Singh Presently, posted as Guard ‘A’ Spl. at North Central Railway, Allahabad. 2

14. Jagdish Prasad Sahu, S/o late Lalta Prasad Sahu, Presently, posted as Mail Guard at North Central Railway, Allahabad.

15. Ramesh Clhandra, S/o late Bechu Singh, Presently, posted as Mail Guard at North Central Railway, Allahabad.

16. Sanjay Saxena, S/o late P.N. Saxena, Presently, posted as Mail Guard at North Central Railway, Allahabad.

17. Chandrika Prasad, S/o late Shankar Prasad, Presently, posted as Mail Guard at North Central Railway, Allahabad.

18. Ravindra Kumar Srivastava, S/o Sri B.P. Srivastava, Presently, posted as Mail Guard at North Central Railway, Allahabad.

19. Dhirendra Pratap Singh, Ss/o Late P.N. Singh, Presently, posted as Guard at North Central Railway, Allahabad.

20. V.K. Yadav, S/o late Bir Bahadur, Presently, posted as Guard at North Central Railway, Allahabad.

21. Manoj Kumar Pandey, S/o late Gyan Sanker Pandey, Presently, posted as Guard at North Central Railway, Allahabad.

22. Ram Singh, S/o late L.L. Singh, Presently, posted as Guard at North Central Railway, Allahabad.

23. Adtit Narain Singh, S/o Sri R.D. Singh, Presently, posted as Mail Guard at North Central Railway, Allahabad.

24. Anil Kumar Singh, S/o Sri L.P. Singh, Presently, posted as Mail Guard at North Central Railway, Allahabad.

25. Aditya Kumar Saxena, S/o D.P. Saxena, Presently, posted as Passenger Guard at North Central Railway, Allahabad.

26. Dinesh Kumar Saxena, S/o late Ratan Prakash Saxena, Presently, posted as Senior Goods Guard at North Central Railway, Allahabad.

27. Sushil Kumar Yadav, S/o late Harihar Nath, Presently, posted as Senior Goods Guard at North Central Railway, Allahabad.

28. K.B. Srivastava, S/o late R.N. Srivastava, Presently, posted as Guard ‘A’ Special at North Central Railway, Allahabad.

29. Ashok Kumar Srivastava, S/o late D.P. Srivastava, Presently, posted as Guard at North Central Railway, Allahabad.

30. Shailendra Kumar Shukla, S/o Nand Kishore Shukla, Presently, posted as Guard at North Central Railway, Allahabad.

3

31. Sunil Sinha, S/o late S.N. Sinha, Presently, posted as Mail Guard at North Central Railway, Allahabad.

32. Ghanshyam, S/o Rabu Lal Dubey, Presently, posted as Guard at North Central Railway, Allahabad.

33. Shesh Mani Yadav, S/o late D.S. Yadav, Presently, posted as Mail Guard at North Central Railway, Allahabad.

34. R.N. Gupta, S/o late Bhagni Gupta, Presently, posted as Guard at North Central Railway, Allahabad.

35. Jaiprakash Mishra, S/o Jainarain Mishra, Presently, posted as Guard at North Central Railway, Allahabad.

36. Latif Ahmad, S/o late Sri Manzoor Ahmad, Presently, posted as Guard at North Central Railway, Allahabad.

37. A.K. Maurya, S/o late R.D. Maurya, Presently, posted as Guard at North Central Railway, Kanpur.

38. Nurul Huda Khan, S/o late D. Khan, Presently, posted as Guard at North Central Railway, Kanpur.

39. S.C. Sharma, S/o late S.S. Sharma, Presently, posted as Guard at North Central Railway, Kanpur.

40. V.B. Singh, S/o Sri S.N. Singh, Presently, posted as Guard at North Central Railway, Kanpur.

41. Jai Ram Singh, S/o late Krishan Singh, Presently, posted as Guard at North Central Railway, Kanpur.

42. M.K. Tripathi, S/o late R.N. Tripathi, Presently, posted as Guard at North Central Railway, Kanpur.

43. Brijesh Kumar Rai, S/o late Kashi Nath Rai, Presently, posted as Guard at North Central Railway, Kanpur.

44. Ajay Kumar, S/o late Mani Ram, Presently, posted as Guard at North Central Railway, Kanpur.

45. Virendra Kumar, S/o late P.K. Ram, Presently, posted as Guard at North Central Railway, Kanpur.

46. Ram Ratan, S/o late Ram Sanehi, Presently, posted as Guard at North Central Railway, Kanpur.

47. Anil Kumar Tripathi, S/o Sri Raghunath Prasad Tripathi, Presently, posted as Senior Goods Guard at North Central Railway, Kanpur.

48. R.N. Prasad Pandey, S/o R.P. Pandey, Presently, posted as Guard at North Central Railway, Kanpur.

4

49. Ashok Kumar Singh I, S/o late Jitendra Singh, Presently, posted as Guard at North Central Railway, Kanpur.

50. Irfanur Rahman, S/o late Hafizur Rahman, Presently, posted as Mail Guard at North Central Railway, Kanpur.

51. S.M. Tripathi, S/o late B.P. Tripathi, Presently, posted as Mail Guard at North Central Railway, Kanpur.

52. Ram Singh II, S/o Ram Prasad, Presently, posted as Mail Guard at North Central Railway, Tundla.

53. Jamiruddin, S/o late Bahadur Khan, Presently, posted as Mail Guard at North Central Railway, Tundla.

54. Bhagwati Prasad, S/o Sri Yad Ram, Presently, posted as Mail Guard at North Central Railway, Tundla.

55. Ramashish Ravi Dsss, S/o Ramakeshwar Ravi Dass, Presently, posted as Mail Guard at North Central Railway, Tundla.

56. Niranjan Singh, S/o late Ram Swaroop, Presently, posted as Mail Guard at North Central Railway, Tundla.

57. Udaivir Singh Baghel, S/so Prem Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

58. Rajendra Singh Yadav, S/o late Shyam Sunder Lal Yadav, Presently, posted as Guard at North Central Railway, Tundla.

59. Om Swarup Garg, S/o late Damodar Prasad, Presently, posted as Mail Guard at North Central Railway, Tundla.

60. V.K. Sharma, S/o late Ramji Lal, Presently, posted as Guard at North Central Railway, Tundla.

61. Sunil Pratap Singh, S/o late Man Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

62. Yogendra Singh, S/o Sri Onkar Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

63. Y.K. Sharma, S/o late R.G. Sharma, Presently, posted as Mail Guard at North Central Railway, Tundla.

64. Damodar Singh, S/o late Ved Ram, Presently, posted as Mail Guard at North Central Railway, Tundla.

65. Charan Jeet Singh, S/o late Kishan Lal, Presently, posted as Mail Guard at North Central Railway, Tundla.

66. Mohan Singh, S/o late Ramji Lal, Presently, posted as Mail Guard at North Central Railway, Tundla.

5

67. Mohammad Karimuddin, S/o Sri Mohammad Fakhruddin, Presently, posted as Senior Goods Guard at North Central Railway, Tundla.

68. Kamal Mohan Saxena, S/o late R.D. Saxena, Presently, posted as Mail Guard at North Central Railway, Tundla.

69. M.P. Singh, S/o Buddhi Pal Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

70. Udai Veer Singh, S/o Sri Kaptan Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

71. Shashikant, alias, S.K. Gupta, S/o late Om Prakash, Presently, posted as Mail Guard at North Central Railway, Tundla.

72. Naresh Kumar Gupta, S/o late Madan Mohan Gupta, Presently, posted as Mail Guard at North Central Railway, Tundla.

73. Vinod Kumar Gautam, Shri Bhagwati Prasad Gautam, Presently, posted as Guard ‘A’ Special at North Central Railway, Tundla.

74. Ajay Lall, S/o late Asharfi Lal, Presently, posted as Guard at North Central Railway, Tundla.

75. Sita Ram Gautam, Ss/so late Ram Swaroop, Presently, posted as Mail Guard at North Central Railway, Tundla.

76. Mohan Lal, S/o late Kacher Mal, Presently, posted as Mail Guard at North Central Railway, Tundla.

77. V.K. Gupta, S/o Sri Ram Kishan Gupta, Presently, posted as Guard at North Central Railway, Tundla.

78. Videndra Singh, S/o Pyarey Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

79. Udayvir Singh, (U.V. Singh II), S/o Sri Saoudan Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

80. Prem Kumar, S/o late Nathu Ram, Presently, posted as Mail Guard at North Central Railway, Tundla.

81. Pratap Singh, S/o late Rajan Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

82. Dileep Kumar, S/o Sri Mukhtar Singh, Presently, posted as Mail Guard at North Central Railway, Tundla.

83. Ramesh Chand Gautam, S/o late Har Prasad Gautam, Presently, posted as Mail Guard at North Central Railway, Tundla.

84. Malcolm Clarence Vanderwart, S/o late Vanderwart, Presently, posted as Mail Guard at North Central Railway, Tundla. 6

85. Ravi Kant Yadav, S/o Sri Om Prakash Yadav, Presently, posted as Mail Guard at North Central Railway, Tundla.

86. D.K. Verma, S/o late Bhim Sain Verma, Presently, posted as Mail Guard at North Central Railway, Tundla.

……….Applicants By Adv: Shri S. Narain V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi, through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Allahabad – UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Allahabad UP. ……….Respondents

By Adv: Shri B. Tiwari, Shri Anil Kumar & Shri P.K. Pandey

Alongwith

Original Application No. 330/00764 of 2013

1. Rakesh Kumar Shivani, S/o late Ram Kishan Shivani, R/o 399, Nanak Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

2. Gurcharan Singh Matharoo, S/o late Amar Singh, R/o 1369, Isai Tola, opposite Khati Baba Mandir, Jhansi. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

3. Santosh Kumar Agnihotri, S/o Late B.P. Agnihotri, R/o 1257/3, New Roy Banhj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

4. Vijai Prakash Saini, S/o late Shyam Lal Saini, R/o 539, Masiha Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

5. Rakesh Kumar Baronia, S/o late B.N. Baronia, R/o 43/1042, Roay Ganj (Prem Ganj), Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

6. Narendra Kumar Verma, S/o late A.P. Verma, R/o 359/4A, Nanak Ganj, Sipri Bazar Jhansi, UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

7

7. Aroon Kumar Saxena, S/o Late D.S. Saxena, R/o 84, Mohalla, Pannal Lal Jhansi City, Jhansi. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

8. Ajay Amar, S/o Sri R.B. Nigam R/o 126/H/50, Govind Nagar, Kanpur. Presently posted as Mail / Express Guard at Juhi Kanpur, under Division of North Central Railway.

9. Shiv Gopal Tiwari, S/o late Jamuna Prasad Tiwari, R/o D 36 B. Uttar Madhya Railway Colony, Govind Nagar Kanpur. Presently posted as Mail / Express Guard at Juhi Kanpur, under Division of North Central Railway.

10. Jagdish Prasad Tiwari, S/o late N.R. Tiwari, R/o RB III, 707 B. Mission Road, Railway Colony, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

11. Devendra Puri Goswami, S/p A.P. Goswami, R/o RB III, 706 B, Mission Road, Railway Colony, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

12. Ishwar Chanda Sagar, S/o H.L. Chaddha, R/o 160, Chaman Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

13. Pradeep Kumar Mathur, S/o Sri R.S. Mathur, R/o 17, Warren Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

14. Narendra Kumar Awasthi, S/o Sri S.D. Awasthi, R/o 335, Nanak Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

15. Rakesh Kumar Saxena, S/o B.K. Saxena, R/o 208 Nanak Ganj, Behind Gurudwara, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

16. Ajit Kumar Saxena, S/o late B.P. Sexena, R/o B-16, Ras Behari Colony, Phase – I, Nandanpura, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

17. Alok Kumar Misra, S/o 7/4, Adarsh Nagar, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

18. Mukesh Kumar Dubey, S/o Sri Prahlad Singh Jee Rao, R/I 546, Prem Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

19. Ved Prakash Tiwari, S/o late Moti Lal Tiwari, R/o 806, Chaman Ganj, Sipri Bazar, Jhansi UP, District Chandauli. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

8

20. Vishwa Mohan Srivastava, S/o B.M. Srivastava, R/o 185 A, Outside Khande Rao Gate, Near Gopal Mandir, Jhansi. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

21. Blharat Bhushan Srivastava, S/o Late K.S. Srivastava, R/o 11, Amrik Vihar Colony, Shivpuri Road, Jhansi UP. Presently posted as Mail / Express Guard at North Central Railway, Jhansi.

22. Ramesh ChandraMisra, S/o late Satya Narain Misra, R/o 57, Malviya Vihar, Burra Bye Pass, Kanpur UP. Presently posted as Mail / Express Guard at Juhi, Kanpur, in the Jhansi Division of North Central Raiwlay. ………….Applicants

By Adv: Sri S. Narain & Shri A. Srivastava

V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi. Through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Jhansi UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Jhansi UP.

5. The Divisional Railway Manager (Personnel), North Central Railway, Jhansi UP.

6. The Railway Board, through the Chairman, New Delhi.

……..Respondents By Adv: Shri P. Mathur Alongwith

Original Application No. 330/00773 of 2013

1. Vivek Rajpal, S/o late V.C. Rajpal, R/o 100/3 Kali Bari Road, Sanyer Gate Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

2. P.K. Srivastava, S/o late R.N. Srivastava, R/o G 149 Railway Quarter Rani Laxami Nagar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

3. M.S. U.K. Khalidi, S/o Late M.S. V.K. Khalidi, R/o G – 154, Rani Laxmi Nagar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

9

4. Ravi R. Samual, S/o O.S. Samual R/o 8, Masiha Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

5. R.B. Singh, S/o Sri Gopal Singh, R/o 1376, Balagipuram, Jhansi, Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

6. Shakil Ahmad, S/o Sayed Ahmad, R/o 382/4, B- Block, Deen Dayal Nagar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

7. M.S. Yadav, S/o Bal Kukund Yadav, R/o Maltola, Baruasagar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

8. Devendra Singh, S/o Late R. Singh, R/o 235/1, K.K. Puri Colony, Awas Vikas, Jhansi, UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

9. Ravindra Kumar, S/o late Sri Hira Lal, R/o C-251, Ambedkar Marg Railway Colony, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

10. D.K. Buidholia, S/o late P.N. Budholia, R/o 156, Pannal Lal, Jhansi. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

11. C.K. Chaturvedi, S/o K.N. Chaturvedi, R/o Quarter No. F – 196-A, Ghulam Ghaus Khan Marg, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

12. Mujebul Hasan, S/o Mehmood Hassan, R/o 134, Inside Ali Gole, Jhansi. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

13. Jagdish Prasad, S/o late Ghanshyam Das, R/o 1736, Behind J.D.A. Colony, Mandhi Bagh, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

14. Shrikant Mahabhagwat, S/o Yogi Ram Mahabhagwat, R/o 340/1 B-Block, Keen Dayal Nagar Jhansi. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

15. J.R. Disuza, S/o late Josaf M. Disuza, R/o Isai Tola, Near Khati Baba, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

16. H.C. anuragi, S/o D.S. Anuragi R/o 19, Amrit Vihar Colony, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi.

10

17. G.S. Chauhan S/o V.S. Chauhan, R/o 1172, New Rai Ganj, Sipri Bazar, Jhansi UP. Presently posted as Mail / Express Guard at Northern Central Railway, Jhansi. …….Applicants

By Adv: Shri S. Narain, Sri S.M.A. Abdy and Sri Prashant Singh

V E R S U S

1. The Union of India through General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Jhansi UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Jhansi UP.

5. The Divisional Railway Manager (Personnel), North Central Railway, Jhansi UP.

……Respondents. By Adv: Shri B. Tiwari. Alongwith

Original Application No. 330/00776 of 2013

1. T.P. Saraswat, S/o late Kishan Lal Saraswat, R/o D-28, South Railway Colony, Agra CAntt. Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

2. Chandra Prakash Srivastava, S/o late V.N. Srivastava, R/o E- 3/1479, Shaheed Nagar, Agra. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

3. Anil Kumar Dikshit, S/o late Panna Lal Dikshit, R/o D-19, South Railway Colony, Agra Cantt. Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

4. Arun Kumar Johri, S/o late K.S. Johri, R/o D-90, North Railway Colony, Agra Cantt. Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

5. Gulzari Lal, S/o Sri Bansi Lal, R/o 51 A/71, Raghubir Puri West, Arjun Nagar, Agra – UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

6. Pursutottam Singh, S/o Sri Basudev Singh, R/o 51/10-C/17-D, West Arjun Nagar, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

11

7. Ramesh Chandra, S/o Sri Doji Ram, R/o 52/17, Nagala Lal Singh, Bara Khambha, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

8. Ranveer Singh, S/o Sri Raghu Nath Singh, R/o 195, Awadhpuri, Shahganj, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

9. Rajendra Prasad Sharma, S/o late Keshav Dev Sharma, R/o D- 89, North Railway Colony, Agra Cantt. Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

10. Ram Mohan Sharma, S/o late Shiv Prasad Sharma, R/o 4, Pushp Deep Extension Colony, Sikandra Badla, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

11. Jitendra Kumar Sharma, S/o Sri Rajendra Prasad Sharma, R/o 47/53, Garhi Bhadoria, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

12. Hari Om Maheshwari, S/o Sri Virendra Kumar, R/o 376, Kachipura, Agra Cantt. UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

13. Chandra Mohan Singh, S/o late Purushottam Singh, R/o 37 A/130, Madhu Nagar, Rajveer Wali Gali, Agra Cantt, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

14. S.R. Grey, S/o Sri P.C. Grey, R/o 2/228, Sundar Pada, Police Line Road, Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

15. Vikram Singh, S/o late Hari Prasad, R/o D-103, South Railway Colony, Agra Cantt. Agra UP. Presently posted as Mail Guard, At North Central Railway, Agra Cantt. Agra.

……….Applicants By Adv: Shri S. Narain V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Agra UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Agra UP.

5. The Divisional Railway Manager (Personnel) North Central Railway, Agra UP.

12

………. Respondents.

By Adv: Shri R.K. Rai Alongwith

Original Application No. 330/00781 of 2013

1. Padam Kumar Jain, son of Shri H.L. Jain, resident of, 84 Rajya Karamchari Awas Colony, Mahalgaon, Gwalior – M.P., Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

2. P.K. Batham, son of Late Sarman Lal, resident of, C-13, Vinay Nagar, Sector 4, Near Mohiley Mrriage Garden, Gwalior-MP, Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

3. Har Sahai Meena, son of, Shri Shrawan Ram Meena, resident of, House No. 365, New Railway Colony, (Loco), Gwalior-MP, Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

4. J.K. Choubey, son of Late B.K. Choubey, resident of F-02 Glory Vilas, Shatabdipuram, D.D. Nagar, Gwalior-MP., Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

5. Ram Singh Meena, son of, Late Kanhaiya Lal Meena, resident of, Flat No.4, Narayani Apartment, Tansen Nagar, Gwalior-M.P., Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

6. Ram Sahai Meena, son of Shri Morpal Meena, resident of RB-3A, Loco Pal, Tansen Foad Railway Colony, Gwalior – M.P., Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

7. Rajendra Pratap Rastogi, son of Shri Munna Lal Rastogi, resident of 10 Laxmi Vihar, Hans Shishu Ashram, Tansen Road, Gwalior – M.P., Presently posted as Passenger Guard at Gwalior, under Jhansi Division of North Central Railway.

8. K.B. Krishna, son of Late A.K.V.S. Narayan, resident of Beside 7A, Mahesh Nagar City Centre, Gwalior – M.P., Presently posted as Mail Guard at Gwalior, under Jhansi Division of North Central Railway.

9. Surendra Singh, son of Late Raghuraj Singh, resident of House No. 424/15-B, Bajrang Vihar, Jarauli, Phase-I, Naya High Tension Road, Kanpur-U.P., Presently posted as Mail Guard at Juhi, Kanpur, under Jhansi Division of North Central Railway.

10. Anoop Kumar, son of Shri Yogeshwar Prasad, resident of D-33, Railway Colony, Govindpur, Kanpur, U.P., Presently posted as 13

Mail Guard at Juhi, Kanpur, under Jhansi Division of North Central Railway.

11. B.S. Saxena, son of Late Ram Shankar Saxena, resident of 355/401-1, Rajajipuram, Lucknow-U.P. Presently posted as Mail Guard at Juhi, Kanpur, under Jhansi Division of North Central Railway.

12. Anil Kumar Nigam, son of, Late Laxmi Shankar Nigam, resident of 476/4, Daya Sadan, Near Kandhar Das Talaab, Karbala Road, Katra, Banda-U.P., Presently posted as Passenger Guard at Banda, Kanpur, under Jhansi Division of North Central Railway.

13. Rajesh Kumar Shukla, son of Shri Omkar Nath Shukla, resident of L.I.G.-189, Ratan Lal Nagar, Kanpur-U.P, Presently posted as Passenger Guard at Juhi, Kanpur, under Jhansi Division of North Central Railway.

14. Kripa Shankar Gupta, son of Late Seeta Ram Gupta, resident of 127/31, U Block, Nirala Nagar, Kanpur, U.P., Presently posted as Passenger Guard at Juhi, Kanpur, under Jhansi Division of North Central Railway.

. . .Applicants By Adv: Shri S. Narain

V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi, through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Jhansi- U.P.

4. The Senior Divisional Personnel Officer, North Central Railway, Jhansi-U.P.

5. The Divisional Railway Manager (Personnel) North Central Railway, Jhansi-U.P.

. . . Respondents By Adv: Shri B. Tiwari Alongwith

Original Application No. 330/00785 of 2013

1. Mahendra Kumar Agarwal, S/o late Sita Ram Agarwal, R/o House No. 153, Daroo Bhondela, Jhandi. Retired as Mail Guard on 31.07.2011 from Jhansi Division of North Central Railway.

14

2. Prem Chandra Gupta, S/o late B.L. Gupta, R/o 10/2, Satish Nagar, Behind Refugee Colony, Sipri Bazar, Jhansi UP. Retired as Mail Guard on 31.07.2011 from Jhansi Division of North Central Railway.

3. Cheda Lal Budhua, S/o Sri Budhua, R/o 257/1-A, Gali No. 2, Nandanpura, Jhansi UP. Retired Voluntarily as Mail Guard from Jhansi Division of North Central Railway.

4. Rishi Kant Singh, S/o late Brij Nath Singh, R/o C/o Sri V.P. Singh, 889/01, Isai Tola, Khati Baba, Jhansi UP. Retired voluntarily as Mail Guard on 10.01.2011 from Jhansi Division of North Central Railway.

5. Naresh Prasad Tripathi, S/o late Sarjoo Prasad Tripathi, R/o 466, New Raiganj, Sipri Bazar, Jhansi UP. Retired as Mail Guard on 31.01.2012 from Jhansi Division of North Central Railway.

6. Ali Ahmed, S/o Late Shabbir Ahmad, R/o 851, Kachhayana (Dada Miyan House), Behind Subhash School, PUliya No. 9, Jhansui UP. Retired voluntarily as Mail Guard on 25.11.2010 from Jhansi Division of North Central Railway.

7. Ram Mohan Srivastava, S/o Sri Ram Swaroop Srivastava, R/o House No. 25, Mahabiran Lane, Near Bansmandi, Police Station, Mutthiganj, Allahabad UP. Retired as Mail Guard on 31.08.2012 from Jhansi Division of North Central Railway.

8. Jainendra Kumar Jain, S/o late Bhoore Lal Jain, R/o House No. 123, Khatrayana, Jhansi UP. Retired as Mail Guard on 30.09.2012 from Jhansi Division of North Central Railway.

9. Harendra Kumar Asthana, S/o late Brij Bahadur Asthana, R/o M- A508/A, Railway Colony, West, Rani Laxmi Nagar, Jhansi UP Naya High Tension Road, Kanpur UP. Retired voluntarily as Mail Guard on 31.01.2009 from Jhansi Division of North Central Railway.

10. Anand Mohan Srivastava, S/o Prabhu Dayal Srivastava, R/o 1397/4 A, Sharda Colony, Hills Colony, Behind Dr. Bhadauriya, Aantia Tal, Jhansi UP. Retired voluntarily as Mail Guard on 19.02.2009 from Jhansi Division of North Central Railway.

11. Chotey Lal, S/o Sri Munni Lal, R/o 1294, Isai Tola, Tubewell Road, Khati Baba, Jhansi UP. Retired as Mail Guard on 30.09.2009 from Jhansi Division of North Central Railway.

12. Shashi Prakash Srivastava, S/o Late Pyare Lal Srivastava, R/o K- 66, K.K. Puri Colony, Awas Vikas, Nandanpura, Jhansi UP. Retired as Mail Guard on 31.03.2009 from Jhansi Division of North Central Railway. ……….Applicants

By Adv: Shri S. Narain 15

V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi, through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Jhansi UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Jhansi UP.

5. The Divisional Railway Manager (Personnel) North Central Railway, Jhansi UP.

……….Respondents

By Adv: Shri B. Tiwari

Alongwith

Original Application No. 330/00921 of 2013

1. Vipin Kumar Srivastava, S/o Sri Prem Kishore, R/o 51/225/A-2, Sindhi Colony, West Arjun Nagar, Agra. Presently posted as Loco Pilot, Mail, at Gwalior, under Jhansi Division of North Central Railway.

2. Anil Kumar Tripathi, S/o late Girish Tiwari, R/o Flat No. 4, Pitambara Apartment, I – 35, Gandhi Nagar, Gwalior MP. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

3. Arun Kumar Paihar, S/o Sri Bhagwan Singh, R/o Ma Bindeshwari Saran, 22, Ganapati Vihar, Saket Nagar, Tansen Road, Gwalior MP. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

4. Komal Prasad Bidha, R/o F.L. – 421, D.D. Nagar, Gwalior MP. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

5. Vilas Aphale, S/o late P.G. Aphale, R/o Bakshi Ki Koth, Janakgan, Lashkar, Gwalior MP. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

6. Rajendra Kumar Sahu, S/o late Babu Lal Sahu, R/o C/o Sri Somnath Arora, Bhargava Niwas, near Petrol Pump, M.L.B. Road, Shande Ki Chawni, Gwalior MP. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

16

7. Kamal Kishore Mahore, S/o Sri Bharosi Lal Mahore, R/o near Bala Ki Aata Chakki, Lakkar Khana, Lashkar, Gwalior MP. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

8. Sohan Singh, S/o Sri Chakoli, R/o House No. 481, near Prem Nagar Police Station, Behind St. Jude School, Sir Syed Nagar, Jhansi. Presently posted as Loco Pilot, Mail at Gwalior, under Jhansi Division of North Central Railway.

9. Vijay Singh Parihar, S/o Sri Mansukh, R/o House No. S-57, New Kaushal Nagar, Gandhi Nagar, Near Kherapati Temple, Gwalior. Presently posted as Loco Pilot, Passenger, at Gwalior, under Jhansi Division of North Central Railway.

10. Santosh Kumar, S/o Sri Rewati Prasad, R/o New Gayatri Nagar (Near Nallah), Gwalior MP. Presently posted as Loco Pilot, Passenger, at Gwalior, under Jhansi Division of North Central Railway.

11. Shafi Mohammad, S/o Late Noor Mohammad, R/o New Railway Colony, Tansen Road, Gwalior MP. Presently posted as Loco Pilot, Passenger, at Gwalior, under Jhansi Division of North Central Railway.

12. Shyam Lal Mahore, S/o Sri Lalai Ram, R/o House No. 3, New Durgapuri Colony, Tansen Road, Gwalior MP. Presently posted as Loco Pilot, Passenger, at Gwalior, under Jhansi Division of North Central Railway.

13. Mohammad Amin, S/o late Mohammad Shafiq, R/o Quarter NO. RB-II, 40-C, Behind Railway Hospital, Railway Colony, Gwalior. Presently posted as Loco Pilot, Passenger, at Gwalior, under Jhansi Division of North Central Railway.

14. Jagdish Prasad, S/o Sri Pyare Lal, R/o House No. 345, Nai Basti, Jhansi (Near Unit School). Presently posted as Loco Pilot, Passenger, at Gwalior, under Jhansi Division of North Central Railway.

15. Manoj Kumar Bhatnagar, S/o late Pritam Swroop Bhatnagar, R/o L-7, Sharda Bhawan, Ras Bahar Colony, Nandanpura, Jhansi. Presently posted as Loco Pilot, Mail at North Central Railway, Jhansi.

16. Rajesh Kumar Srivastava, S/o late B.K. Srivastava, R/o 16, Sahini Vihar Colony, Sipri Bazar, Jhansi. Presently posted as Loco Pilot, Mail at North Central Railway, Jhansi.

17. Dinesh Kumar Dubey, S/olate Baijnath Prasad Dubey, R/o 146, Nai Basti,near Chand Gate, Jhansi. Presently posted as Loco Pilot, Mail at North Central Railway, Jhansi.

17

18. Awadhesh Singh, S/o late Gulab Singh, R/o RB-III, 786-A, West Railway Colony, Mission Road, Jhansi. Presently posted as Loco Pilot, Mail at North Central Railway, Jhansi.

19. V.K. Pandey, S/o Late R.R. Pandey, R/o F2/3, Mission Road, Railway Colony, Jhansi. Presently posted as Loco Pilot, Mail at North Central Railway, Jhansi.

20. P.K. Soni, S/o Sri Prem Nath Soni, R/o 31/163, Hardev Nagar, Dhaulpur – Rajasthan. Presently posted as Loco Pilot, Passenger, at Dhaulpur – Rajasthan, under Jhansi Division of North Central Railway.

21. Kapil Mishra, S/o late R.R. Mishra, R/o 108, Ratanpura, Nagra, Jhansi – 284003. Presently posted as Loco Pilot, Mail at North Central Railway, Jhansi.

………….Applicants

By Adv: Shri S. Narain

V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi, through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Jhansi UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Jhansi UP.

5. The Divisional Railway Manager (Personnel), North Central Railway, Jhansi UP.

………..Respondents

By Adv: Shri B. Tiwari.

Alongwith

Original Application No. 330/01611 of 2013

1. J.P. Siddique, S/o late Raizul Haque, R/o 39P/3P, Gaus Nagar, Kareli, Post Office, G.T.B. Nagar, Kareli, Allahabad UP. Presently, posted as Mail Guard at North Central Railway, Allahabad.

2. B.D. Mishra, S/o late Heramba Mishra, R/o 10003/1159, Satti Chaura, Malviya Nagar, Allahabad UP. Presently, posted as Mail Guard at North Central Railway, Allahabad.

18

3. Surendra Chandra, S/o Sri Kishore Lal, R/o 51, Bharbhanga Castle Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

4. Swapan Kumar, S/o late R.S. Prasad, R/o 1053-R/9K/7R Om Prakash Sabhasad Nagar, Lalanipuram, Allahabad. Presently posted as Senior Passenger Guard at North Central Railway, Allahabad.

5. R.K. Mishra, S/o Sri Raja Mishra, R/o 88EF-10th Avenue, Loco Colony, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

6. Ram Lakhan, S/o late Jokhu Ram, R/o 218-D/4B, Jayantipur, Preetam Nagar, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

7. Ajeet Singh, S/o Late Sukhdeo Singh, R/o 27A, New Laskar Line, Old Bairahana, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

8. V.K. Kesharwani, S/o Late Mishri Lal Gupta, R/o 144/7, Barbhanga Castle Colony, Nav Durga Apartments, Allahabad. Presently, posted as Senior Passenger Guard at North Central Railway, Allahabad.

9. Om Prakash, S/o late H.S. Dwivedi, R/o 315 G.H. Mal Godam Colony, Leader Road, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

10. C.P. Singh, S/o Late B.P. Sinha, R/o 80/1B, Naya Pura, Kareli, Retired on 31.03.2012 as Mail Guard while workingat North Central Railway, Allahabad.

11. Haseen Ahmad, S/o late Shamsuddin, R/o 146, Merapur, Allahabad. Presently, posted as Senior Goods Guard at North Central Railway, Allahabad.

12. Rajesh Singh, S/o Sri Sri Kat Singh, R/o 603-A, Sadiapur, Shastri Nagar, Allahabad. Presently, posted as Senior Goods Guard at North Central Railway, Allahabad.

13. A.R. Singh, S/o Sri Ramjeet Singh, R/o 59/8, Labour Colony, Naini Allahabad. Presently, posted as Senior Goods Guard at North Central Railway, Allahabad.

14. R.N. Patel, S/o Late Budh Ram, R/o 695D, Loco Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

15. G.P. Pandey, S/o Late R.N. Pandey, R/o 125-CD, IInd Avenue, Railway Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

19

16. P.N. Pandey, late B.D. Pandey, R/o 769-D, Lalit Nagar Railway Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

17. S.N. Tewari-I, S/o Late Indrajeet Tewari, R/o 125 AB IInd Avenue, Railway Colony, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

18. K. Bhattacharya, S/o late S.N. Bhattacharya, R/o 178.E/1, Rajrooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

19. Kamal Afsar, S/o Shri Moinuddin, R/o 28, Pura Manohar Dass, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

20. A.U. Siddiqui, S/o Late R.U. Siddiqui, R/o B.646/14 GTB Nagar, Kareli, Allahabad.

21. Laxman Paswan, S/o late N. Paswan, R/o 86-A/56-B/1 Kala Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

22. Mohd. Noman, S/o Shri Ansar Ahmad, R/o B-554, Kareli, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

23. Mohd. Akhtar, S/o lateMohd. Mabud, R/o 12/14, Kanpur Road, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

24. Ziaul Haque, S/o late Fayazul Haque, R/o 620/2, Moorullah Road, Nazi Nagar, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

25. Afroz Ahmad, S/o late Nanhey Miyan, R/o 30.K/7./C/1, Gaus Nagar, Kareli, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

26. V.P. Singh, S/o late Ram Saran Singh, R/o 61.D/9.A/2.A, Ram Chandra Puram, Salori, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

27. Sumer, S/o late Sarjoo Prasad, R/o 61-D/3.H/2, Chandpur Salaori, Telyarganj Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

28. Rajendra Kumar, S/o late Bachhan Lal, R/o 648-B, Loco Colony 10½ Avenue, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

29. J.J. Ram, S/o late B. Ram, R/o 86/56-A. 1 Kala Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad. 20

30. P.K. Mishra, S/o late V.N. Mishra, R/o 1010/H, Om Prakash Nagar, Rajrooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

31. G.S. Sonker, S/o late B.K. Sonker, R/o 98/53-B, Circular Road, Newada, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

32. K.K. Mohley, S/o late M.L. Mohley, R/o 522.C/12-B/1, Meerapur, Patel Nagar, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

33. Doodh Nath Ram, S/o late Tulsi Ram, R/o 498-C, Smith Road, Railway Colony, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

34. Sukamal Kumar Dutta, S/o late L.M. Dutta, R/o 86/58 ‘C’ Kala Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

35. Mohd. Aslam, S/o late Shaukat Ali, R/o 39-N/7N/C, Gaus Nagar, Kareli, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

36. Mohan Lal – I, S/o late Gyan Prasad, R/o 135-E/1-A, 30 Ft. Road, Rajrooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

37. Heera Lal, S/o Shri Kamta Prasad, R/o 21/96/1-A, Kala Danda, Himmatganj, Krishna Oil Mill Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

38. Chhedi Lal, S/o late Ayodhya Prasad, R/o 1010/33-M/2K, Om Prakash Sabhasad Ngagr, Rajroopur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

39. A. Marcus, S/o late P. Oraon, R/o 116/70-D, Lukerganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

40. Arvind Kumar Singh, S/o late J.B. Singh, R/o G-2, Chak Niratur Sai Dham Apartment, Rarooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

41. Sanjai Banerjee, S/o late S.K. Banerjee, R/o MIG-96, Face-I, Kalandipuram, Rajrooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

42. S.B.L. Gautam, S/o late Dhanai Gautam, R/o 86/56-A, Kala Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

21

43. S.N. Shukla, S/o late R.P. Shukla, R/o 689-C, Railway Traffic Colony, Smith Road, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

44. L.R. Shukla, S/o late B.P. Shukla, R/o 558-A, 3rd Avenue Smith Road, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

45. Prem Shanker Rai, S/o late Bhagwat Rai, R/o 87-CD-10th Avenue Loco Colony, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

46. R.N. Yadav, S/o late Mewa Lal, R/o 42-L/2G, Saket Nagar, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

47. K.B. Patel, S/o late Hanuman Prasad, R/o 73/7/A, Staenley Road, Kamla Nagar, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

48. M.L. Razak, S/o Late N. Razak, R/o 210-Z/1, Kasari Masari, Chakia, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

49. Sant Kumar Shukla, S/o Sri R.N. Shukla, R/o 205/3K/1-A/F, Karari Masari, Chakia, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

50. Arun Kumar, S/o late R.R. Sharma, R/o 75-A/21-A, Kal Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

51. Jagat Narain, S/o late Shiv Balak, R/o 152-D, Subedarganj Railway Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

52. Anirudh Bhattacharya, S/o late N.N. Bhattacharya, R/o 525-C-6th Avenue Railway Colony, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

53. K.K. Singh, S/o late B.B. Singh, R/o 306, Madhwapur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

54. S.D. Rana, S/o late Ram Dhani, R/o 86/56/2-B, Kal Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

55. G.S. Rawat, S/o late P.L. Rawat, R/o 94-AB, Leader Road Railway Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

22

56. U.C. Tripathi, S/o late I.N. Tripathi, R/o 191/2-2, Rajrooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

57. M.R. Siddique, S/o late M.R. Siddiqui, R/o KF-111/5-A, Kareli, Bazupur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

58. Abbas Husain, S/o late Ashfaq Hussain, R/o 243/214, Dondipur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

59. Mumtaz Ali, S/o Shri Imam Ali, R/o 722/497, Atala, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

60. Basant Kumar Singh, S/o late U.P. Singh, R/o 132-EF, Railway Colony-Ist, Avenue Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

61. Vinod Kumar Singh, S/o late Shamsher Bahadur Singh, R/o 24/14, Bai Ka Bag, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

62. Prem Chand, S/o late Gullan, R/o 110-ABC, Loco Colony, 10th Venue, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

63. A.K. Pandey, S/o B.D.S. Pandey, R/o 416-C, Chak Raghunath, Naini, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

64. Anand Munshi, S/o Ram Narain Munshi, R/o D-1/195, ADA, Colony, Kalandipuram, Rajrooppur, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

65. A.K. Srivastava, S/o Shri Rama Shanker Srivastava, R/o 395/99- C, Beniganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

66. Durgesh Nandan, S/o late M.N. Srivastava, R/o 65-AA, Traffic Colony, 7th Avenue, Civil Lines, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

67. Shashi Kant Verma, S/o Shri Kamal Bihari Lal Verma, R/o 98, Talab Naval Rai, Naya Bairahna, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

68. S.C. Srivastava, S/o late Amar Nath, R/o 454/294, Sultanpur Bhawa (Ganga Ganj), Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

23

69. Shyam Surat Mishra, S/o late D.L. Mishra, R/o 315-EF, Mal Godam Colony, Leader Road, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

70. S.P. Singh, S/o late Ram Lakhan Singh, R/o 191/29-A/1, Rajrooppur, Kalandipuram Colony, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

71. Maya Ram, S/o late Sarjoo Ram, R/o 84/11, Kala Danda, Himmatganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

72. Vinod Jauhri, S/o Sri B.B. Lal Jauhri, R/o 27/3-E/3, Govind Nagar Colony, Karbla, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

73. Pradeep Kumar, S/o late Mehi Lal, R/o 249-A/172-A, Tula Ram Bag, Post Office Daraganj, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

74. Achint Kumar, S/o late Nand Lal, R/o 55/K-57, Bhawapur, Kareli, Allahabad. Presently, posted as Mail Guard at North Central Railway, Allahabad.

75. Z. Zamshed, S/o late Fareed Beg, R/o B-1167, Kareli, Allahabad. Previously, Mail Guart at North Central Railway, Allahabad, since medically decategorized and now posted in the T-Branch at the DRM’s Office, Allahabad.

76. S. Guha, S/o late S.B. Guha, R/o 125/D-1, Rajrooppur, Allahabad. Previously, Mail Guard, at North Central Railway, Allahabad, since medically decaegorized and now posted as O.S. in the S & T Department, North Central Railway, Allahabad.

77. Manik Chand, S/o late Ramjeet, R/o EWS-694, Sector I, Aashiyana, Lucknow. Presently, posted as Mail Guard at Kanpur under North Central Railway, Allahabad.

78. Ratan Singh, S/o late Shobhu Ram, R/o 14 Meerapur Cantt. Kanpur. Presently, posted as Mail Guard at Kanpur under North Central Railway, Allahabad.

79. M.A. Khan, S/o late Aftab Ahmad Khan, R/o 58, Jawaharpura, Shyampur, Kanpur. Presently, posted as Mail Guard at Kanpur under North Central Railway, Allahabad.

80. R.K. Dixit, S/o late Maha Deo Prasad Sharma, R/o 108/163, Terhi Devi, P Road, Kanpur. Presently, posted as Mail Guard at Kanpur under North Central Railway, Allahabad.

81. Rajeev Mishra, S/o late L.D. Mishra, R/o 630 C- Block, Shyam Nagar, Kanpur, Presently, posted as Mail Guard at Kanpur under North Central Railway, Allahabad.

24

82. S.N. Sharma, S/o late Ram Narain Sharma, R/o HIG 25, Jirauli, Phase II, Kanpur. Retired as Mail Guard from Kanpur on 30.06.2013, under North Central Railway, Allahabad.

83. S.N. Siddiqui, S/o late Nazar Mohammad Siddiqui, R/o 99/234 C, Gokul Chand Compound, Near Masjid Gula, Ghosi, Nallah Road, Kanghi Mohal, Kanpur. Retired as Mail Guard from Kanpur on 31.10.2013, under North Central Railway, Kanpur.

……..Applicants

By Adv: Shri S. Narain

V E R S U S

1. The Union of India, through the General Manager, North Central Railway, Allahabad.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi, through the Chairman, Railway Board.

3. The Divisional Railway Manager, North Central Railway, Allahabad UP.

4. The Senior Divisional Personnel Officer, North Central Railway, Allahabad. UP.

5. The Divisional Railway Manager (Personnel) North Central Railway, Allahabad. UP.

……….Respondents

By Adv: Shri K.P. Singh

Alongwith

Original Application No. 330/01148 of 2014

1. B.M. Sharma, S/o Late H.L. Sharma, R/o RB 639, Pal Compound Central Hotel, Jhansi. (Posted at Mail / Express Guard at Jhansi).

2. Harsha Ram Meena, S/o Sri Hanuman Prasad Meena, R/o D-329, Western Colony Railway Banglow, Jhansi. (Posted at Mail / Express Guard at Jhansi).

3. Surendra Pal Singh, S/o Sri late Shatrughan Singh, R/o Sai Smriti, Khati Baba Gali No. 3, at Jhansi. (Posted at Mail / Express Guard at Jhansi).

4. Arvind Kapoor, S/o Sri B.P. Kapoor, R/o F-94-B, Near S.B.I. Railway Station, Jhansi. (Posted at Mail / Express Guard at Jhansi).

25

5. Ram Sewak Yadav, S/o Sri Gulab Singh Yadav, R/o F-256, West Railway Colony, Jhansi. (Posted at Mail / Express Guard at Jhansi).

6. S.K. Kotie, S/o Sri L.R. Kotie, R/o 208, Talaiya Near S.B.I. Jhansi. (Posted at Mail / Express Guard at Jhansi).

7. Mohd. Umar Ali, S/o Sri (Late) Ahmad Ali, R/o 541, Waren Ganj, Adarsh Nagar, Sipri Bazar, Jhansi. (Posted at Mail / Express Guard at Jhansi).

……Applicants

By Adv: Sri S. Narain & Shri S.M. Ali

V E R S U S

1. Union of India through General Manager, North Central Railway, Allahabad.

2. The Chairman, Railway Board, Ministry of Railways, New Delhi.

3. Divisional Railway Manager, North Central Railway, Jhansi.

4. Senior Divisional Personnel Officer, N.C.R., Jhansi.

5. Divisional Railway Manager (P), N.C.R., Jhansi.

6. Superintendent, Carriage and Wagon Department, North Central Railway, Allahabad.

………Respondents

By Adv: Shri B. Tiwari

Alongwith

Original Application No. 330/00496 of 2015

1. Vinod Kumar, S/o late D.R. Srivastava, Presently posted as Guard ‘A’ Special at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

2. Vineet Kumar Sharma, S/o Late Satya Prakash Sharma, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

3. Ajay Kumar Arora, S/o late Premchand, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

4. Sudhir Chandra S/o Late Servanand, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi. 26

5. A.P. Sharma, S/o late D.D. Sharma, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

6. N.K. Gaur, S/o Late S.K. Sharma, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

7. Madan Gopal Sharma, S/o Late Shiv Prakash Sharma, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

8. Mahesh Chandra II, S/o Late Ram Kishan, Presently posted as Guard ‘A’ Special at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

9. R.K. Saxena IInd, S/o Late Naresh Chand Saxena, Presently posted as Mail / Express Guard at Moradabad, Under Moradabad Division of Northern Railway, Baroda House, New Delhi.

…Applicants

By Adv: Shri S. Narain

V E R S U S

1. The Union of India, through the General Manager, Northern Railway, Baroda House, New Delhi.

2. The Railway Board, Ministry of Railways, Government of India, New Delhi, through the Chairman, Railway Board.

3. The Divisional Railway Manager, Northern Railway, Moradabad UP.

4. The Senior Divisional Personnel Officer, Northern Railway, Moradabad UP.

….. Respondents

By Adv : Sri G.K. Tripathi and Shri Anil Kumar

O R D E R

By Hon’ble Mr. Gokul Chandra Pati, Member – A

The OAs have been filed by the applicants with the prayer for the following reliefs, which are common to all the OAs:-

“a. That this Hon’ble Tribunal be pleased to quash and set aside the impugned R.B.E. No. 142/2012 dated 13.12.2012 (Annexure No. A-1), to Compilation No. I), and or/ prohibit the respondents from acting 27

on the basis of the said R.B.E. since the same has been stayed by this Tribunal long back.

b. That this Hon’ble Tribunal be pleased to issue a suitable order or direction to the respondents to release the Second and / or Third Financial upgradation under the MACPS, from the due date, to such of the applicants as have completed the qualifying service of 20/30 years prescribed for the purpose, along with all arrears and allowances, with interest at such rates as might be found just and proper.

c. That this Hon’ble Tribunal be pleased to grant such other relief, as the applicants might be found entitled to in the facts and circumstances of the case.

d. That this Hon’ble Tribunal be pleased to award the costs of this Original Application in favour of the applicant, throughout.

Since the cause of action and the reliefs prayed for in these OAs are same and all the OAs being heard together, are disposed of by this common order, with the OA No. 331/2015 being taken as the lead case for this order.

2. The applicants in these OAs had worked as Guards or are working as Guards under the North Central Railway. Many of the applicants had retired on superannuation. After introduction of the Modified Assured Career Progression Scheme (in short MACP) with effect from 1.9.2008 as per the Railway Board letter dated 10.6.2009, some of the guards were sanctioned the financial upgradation under MACP Scheme vide order dated 5.6.2010 (Annexure A-3) and other orders as mentioned in the OA. But when one of the applicants was not allowed the benefit of MACP when it became due, the applicants wanted to know the reasons through a query under RTI Act, 2005. It was replied by the respondents that as per the Railway Board letter dated 13.12.2012 (Annexure A-1 to the OA) which stipulated that the financial upgradation under MACP cannot be to a higher grade pay than the grade pay allowed in promotion. Thereafter, the respondents initiated the process of cancellation of the MACP benefits sanctioned earlier to some of the Guards.

3. Some of the affected Guards submitted representation against the letter dated 13.12.2012, but the Railway Board rejected such representations vide letters dated 30.1.2013 (Annexure A-12) and 5.3.2013 (Annexure A-13) citing that the interpretation in the letter dated 13.12.2012 was on the basis of the interpretation of the Department of 28

Personnel and Training (in short DOPT), which is the nodal Ministry for the purpose of the MACP Scheme. It is stated in the OA that the letter dated 13.12.2012 is not clarification on MACP, but it is like rewriting the MACP afresh and it is contradictory to the guidelines on MACP Scheme. Hence, the prayer in this OA is to quash the letter dated 13.12.2012 of the Railway Board.

4. Since there was apprehension of cancellation and recovery of the benefits under MACP, some guards filed the OA No. 764/2013 challenging the letter dated 13.12.2012 and the Tribunal passed an interim order dated 6.6.2013 in OA No. 764/2013, directing the respondents not to give effect to the letter dated 13.12.2012 of the Railway Board. Similar interim orders were also passed in all the OAs clubbed together here. However, one order dated 21.5.2013 was issued withdrawing MACP benefits from some of the guards and it was supposedly issued prior to passing of the interim order dated 6.6.2013.

5. In the meantime some of the applicants retired on superannuation. It is stated in the OA that the amount paid to these applicants for MACP was withheld from their retirement dues contemptuously. The affected guards filed Contempt Petition and the respondents challenged the order passed by the Tribunal in contempt petition in Hon’ble High Court through Writ Petitions, which were disposed of with a direction to the Tribunal to hear the applications to vacate interim orders filed by the respondents before proceeding further in the Contempt matter. It is stated in the OA that the interim orders including the order dated 6.6.2013 have not been challenged by the respondents in Hon’ble High Court.

6. It is further stated in the OA that the controversy in the case has been already settled as per the decision in the OA No. 1038/CH/2010 which was allowed by the Tribunal vide order dated 31.5.2011, which was upheld by Hon’ble High Court of Punjab and Haryana. The SLP filed by the Government has been dismissed by Hon’ble Supreme Court. In spite of these orders, the respondents have not released the withheld the retiral benefits on account of withdrawal of MACP benefits and there is a threat of recovery from the guards who have not retired. 29

7. In the Counter Reply, the respondents have opposed the OA and have stated the following averments in support of their case:-

(i) The guards are promoted from Goods guard to Senior goods guard, then to Passenger guards, who are promoted to Senior passenger guards. The Senior passenger guards are promoted as Mail/Express guards. It is stated that in the case of State of Rajasthan vs. Fateh Chand Soni, Hon’ble Apex Court (1996 1 SCC 562), it has been held that promotion means advancement to a higher position, grade or honour (Annexure CR-2). Hence, it cannot be said that movements of the guards through different channels are not promotion.

(ii) The applicants after promotion to the post of different guards, are not entitled for higher grade pay again through MACP.

(iii) Railway Board letter dated 13.12.2012 is not contrary to the guidelines on MACP in the letter dated 10.6.2009, since the grade pay in MACP which is granted for non-availability of promotional avenues, cannot be higher than the grade pay applicable for the promotional posts.

(iv) If regular promotion is given after availing the ACP/MACP benefits, then the benefit of the increment in fixing the pay is not allowed to the employee.

(v) As per the Railway Board letter dated 28.2.2011, it is specified that the post of Senior Goods guard and Passenger guard and Mail/Express guards are promotional posts.

(vi) The applicants, having availed the benefit of three or more promotions, are not entitled for MACP benefits as prayed for in the OA.

30

(vii) The applicants/guards who have been allowed the benefit of MACP wrongly, are liable to refund the excess amount disbursed wrongly to them and hence, the recovery of the benefit of MACP wrongly granted to the guards is justified.

8. The applicants have not filed any Rejoinder. We heard Shri Shyamal Narain, learned counsel for the applicants. His arguments were based on two main points. Firstly, he cited the following judgments/orders in different cases with similar or identical facts, in which it has been already settled legally that the Guards under the Railways are entitled for the benefit of the MACP Scheme. These judgments are as under:- i. Writ A No. 18244 of 2013 – Union of India Thru G.M., E.C.R. And Ors vs. Central Administrative Tribunal and others.

ii. Special Leave to Appeal (C) CC No. 13421 of 2014 – Union of India and others Sachchidanand Ram and others

9. Secondly, learned counsel for the applicants argued that under the Railways, there cannot be two category of Guards, one category of guards would be allowed the benefit of MACP Scheme as per the Court’s order or by the respondents and the other category of guards, including the applicants, for whom the benefit of MACP would be denied. This will be a discrimination which is not permissible under law. Hence, he argued that the applicants in these OAs are also entitled for similar benefits allowed to some other guards. He also stressed on the argument that the legal issue involved in these OAs has already been settled.

10. Shri B. Tiwari, learned counsel for the respondents in OA No. 331/2015, argued with reference to the guidelines of MACP, in which the para 5 of the Annexure containing the guidelines on MACP, will be applicable for the promotions in merged pay scales would be ignored, if these promotions had occurred before 1.1.2006. He argued that for promotions after 1.1.2006, the para 8 of the guidelines would be applicable, which states that even promotions in the same grade pay are to be counted. Shri Tiwari also argued that at the time of promotions to different posts of Guards with the same grade pay, the applicants have been financially benefitted by promotion by way of one increment and 31

higher allowances etc. Hence, having got the benefit of promotion once, the applicants cannot be given the benefit of MACP again as it is against the guidelines and rules. He also highlighted the argument that different posts of Guards for Goods train, Passenger train and Mail/Express train involved promotion with higher responsibility and higher financial benefits and hence, as per the judgment of Hon’ble Apex Court in Fateh Chand Soni (supra), these are to be considered to be promotion within same grade pay, which need to be counted as per para 8 of the guidelines dated 10.6.2009 (Annexure A-2) relating to MACP.

11. Shri P. K. Pandey, learned counsel for the respondents in some of the linked OAs, argued that the MACP Scheme intends to mitigate the situation where an employee suffers from stagnation due to lack of adequate promotional posts. The Scheme does not provide for the benefit to the employee who has availed the promotions in time as per the rules. Hence, the OAs do not have merit as the applicants have availed the normal promotions in the cadre and there is no stagnation in this case.

12. In reply, Shri Narain stated that the respondents have followed a policy where some guards have been allowed the benefit of MACP. But the case of the applicants to allow similar benefit of MACP has not been considered and in some cases, the benefit allowed has been cancelled and the retiral dues of retired guards have been withheld. The judgments of the Tribunal in a number of cases have been upheld by Hon’ble Apex Court as stated in the OA. In this regard, the learned counsel for the applicants submitted a copy of the order dated 11.9.2018 of the Tribunal in OA No. 1253/2013, in which the judgment of Hon’ble Allahabad High Court and Hon’ble Delhi High Court, involving similar disputes have been discussed. In similar circumstances this Tribunal had allowed the benefit of MACP and said the order of this Tribunal has been upheld by Hon’ble Allahabad High Court order dated 19.7.2013 in Writ - A No. - 18244 of 2013 - Union of India Thru G.M., E.C.R. And Ors. VS. Central Administrative Tribunal And Ors. The SLP No. 13421/2014 arising out of CMWP No. 18244/2013 passed by Hon’ble Allahabad High Court has 32

been dismissed by Hon’ble Supreme Court vide order dated 29.8.2014 copy of which has been furnished by learned counsel for the applicants.

13. We have carefully considered the pleadings of the parties and the submissions as well as the judgments referred to by the learned counsels for the parties. Main grievance of the applicant is on account of the Railway Board circular dated 13.12.2012 (Annexure A-1), which has been invoked by the respondents to deny the MACP benefits to the applicants and the issue to be decided is whether the said circular is legally sustainable in the light of the judgments cited by the applicants in the case.

14. The circular dated 13.12.2012 states as under:-

“References have been received from Zonal Railways seeking clarification as to what Grade Pay would be admissible under MACP Scheme to an employee holding feeder post in a cadre where promotional post is in the same Grade Pay. The matter has been examined in consultation with Department of Personnel & Training (DoP&T), the nodal department of the Government on MACP Scheme and it is clarified that ACP/MACP Schemes have been introduced by the Government in order to mitigate the problems of genuine stagnation faced by employees due to lack of promotional avenues.

Thus, financial upgradations under ACP/MACP Schemes CANNOT be to higher Grade Pay than what are be allowed to an employee on his normal promotion. In such cases financial upgradation under MACP Scheme would be granted to the same Grade Pay.

This issues with the concurrence of the Finance Directorate of the Ministry of Railways.”

15. Shri B. Tiwari, learned counsel for the respondents has justified the circular dated 13.12.2012 with the argument that the para 8 of the guidelines on MACP is applicable for promotions after 1.1.2006 and the para 5 will be applicable for promotions prior to 1.1.2006. Shri B. Tiwari, has also cited the judgment dated 27.3.2018 of Hon’ble Apex Court in the case of Union of India & Ors. vs. Mukti Singha in Civil Appeal No. (s) 3321 of 2018 clubbed with two other Civil Appeals, while arguing that the validity of the circular dated 13.12.2012 of the Railway Board has been upheld for ACP and MACP Scheme in the said judgment.

16. The Civil Appeal in the case of Mukti Singha (supra) had arisen from the order dated 11.7.2017 of Hon’ble Calcutta High Court in the case 33

of Smt. Mukti Singha vs. Union of India & Others in which order dated 14.6.2017 in another similar case Mitali Ghosh & Ors vs Union Of India & Ors. reported in (indiankanoon.org/doc/181733682) was followed to hold that under MACP, an employee is entitled for a grade pay higher than the grade pay applicable for the hierarchy of promotional posts applicable for the employee. Hon’ble Calcutta High Court in the case of Mitali Ghosh (supra) had held as under:-

“11. A perusal of the MACPS would clearly reveal that it envisaged placement in the higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the Railway Services (Revised Pay) Rules, 2008 (RBE 103/2008). The grade pay structure as highlighted in RBE 103/2008 (first schedule, part A, Section 1) would reveal that the immediate next higher grade pay of ` 5,400/- is ` 6,600/- (in case of petitioners of WPCT 258/2016 and 98/2015) and the immediate next higher grade pay of ` 4200/- is ` 4600/- (in case of petitioners of WPCT 8/2017 and 12/2017). 12. If the contention of the respondents is to be accepted, then the petitioners would not earn any financial upgradation in the hierarchy of grade pays given in Section 1, Part-A of the first schedule of the Railway Services (Revised Pay) Rules, 2008 when para 2 of MACPS envisages placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the Railway Services (Revised Pay) Rules, 2008. 13. In para 2 of MACPS it has further been stated that the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion and that in such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion. The third and the last sentence of para 2 by way of an illustration accepts that the higher grade pay attached to the next promotional post in the hierarchy will be given at the time of regular promotion. The use of word "higher" in the last sentence is for the purpose of demonstration to rule out confusion and ambiguity. If the Government, which had issued the scheme, wanted to restrict financial upgradation and not collate it to the next higher grade pay in the hierarchy, it would have stipulated as such in Section 1, Part-A of the Rules. 14. In para 19 it has further been stated that MACPS contemplates merely placement on personal basis in the immediate higher grade pay/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. A composite reading of MACPS reveals that it refers to the existing grade pay of an employee and the immediate next higher grade and not the grade in the promotional post. The precept and object of MACPS is to grant incentives to those employees who have been stagnated in one particular post for a period of more than 10 years. 15. The petitioners' claim has been rejected by the respondents citing the provisions of para 8 of MACPS and RBE 142/2012. For proper adjudication it would be useful to extract the provisions of para 8 of MACPS and RBE 142/2012. Para 8 of MACPS runs as follows : "8. Promotions earned in the post carrying same Grade Pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS. 34

8.1 Consequent upon the implementation of Sixth CPC's recommendations, Grade Pay of Rs.5400 is now in two Pay Bands viz., PB-2 and PB-3. The Grade Pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate Grade Pays for the purpose of grant of upgradations under MACPS." RBE 142/2012 runs as follows : "Subject: Grant of financial upgradation under MACP Scheme- Clarification reg. [No. PC-V/2009/ACP/2, date 13.12.2012] References have been received from Zonal Railways seeking clarification as to what Grade Pay would be admissible under MACP Scheme to an employee holding feeder post in a cadre where promotional post is in the same Grade Pay. The matter has been examined in consultation with Department of Personnel & Training (DoP&T), the nodal department of the Government on MACP Scheme and it is clarified that ACP/MACP Schemes have been introduced by the Government in order to mitigate the problems of genuine stagnation faced by employees due to lack of promotional avenues. Thus, financial upgradation under ACP/MACP Schemes CANNOT be to higher Grade Pay than what are be allowed to an employee on his normal promotion. In such cases financial upgradation under MACP Scheme would be granted to the same Grade Pay. This issues with the concurrence of the Finance Directorate of Railways."

16. The opening words of para 8 are that "Promotions earned in the post carrying same Grade Pay in the promotional hierarchy as per Recruitment Rules". Indisputably, the petitioners are yet to earn any promotion in any post carrying the same grade pay. 17. The reasoning that the petitioners cannot be granted the grade pay of ` 6,600/ ` 4,600 because the same would be much in excess of what the employee would gain on actual promotion in the hierarchy is fallacious and is not acceptable to this Court. Promotion is dependent upon the seniority of the concerned employee and the status of vacancies in the promotional post whereas financial upgradation under MACPS is granted when an employee is stagnated in a particular post for a period of 10 years. Promotion under the recruitment rules and financial upgradation under MACPS are in two different pedestals and the same cannot be determined upon application of identical yardsticks. The consequential placement of promotees under the recruitment rules and the beneficiaries of the MACPS in different grade pay does not tantamount to any discrimination or violation of the rules of fairness. The judgment delivered in the case of Secretary, Government (NCT of Delhi) and Others (Supra), as relied upon by the respondents, deals with the ACPS which has been superseded by MACPS and as such the same has no manner of application in the instant case.”

17. The above order of Hon’ble High Court has been set aside by Hon’ble Apex Court in the Civil Appeal No. 3321 of 2018 vide the judgment dated 27.3.2018, which is cited by Shri B. Tiwari at the time of hearing. In this case, Hon’ble Apex Court has held as under:-

“5. In our opinion, the view taken by the High Court that the respondents are entitled to grade pay higher than what they may get on actual promotion in the hierarchy cannot be sustained. The High Court erred in distinguishing the judgment on the ground that the same related to ACP Scheme. We do not find any reason to exclude the principle laid down therein for interoperation of MACP. Moreover, clarification referred to above fully supports this interpretation. 35

Accordingly, the impugned order (s) is set aside and the appeals filed by the Union of India are allowed.

However, we make it clear that no payments already made will be recovered from the respondents.”

18. From above, the order of Hon’ble Calcutta High Court that an employee is entitled for a grade pay under MACP, which is higher than the grade pay for the promotional post in the cadre as per rules, has been overruled and the circular dated 13.12.2012 of the Railway Board has been found to be in order in the judgment dated 27.3.2018 of Hon’ble Apex Court which is cited by Shri B. Tiwari, learned counsel for the respondents. It is further directed in the cited judgment of Hon’ble Apex Court that no payment already made to the employees will be recovered.

19. In view of above discussions, the challenge made to the circular dated 13.12.2012 of the Railway Board in these OAs cannot succeed.

20. As discussed earlier, the respondents had allowed the benefit of MACP to some of the applicants, which have been cancelled/withdrawn subsequently and the amount paid to the applicants was proposed to be recovered. But due to interim orders passed by this Tribunal staying the effect and operation of the circular dated 13.12.2012, the respondents could not recover the excess amount paid to the applicants from the salary. As submitted by Shri S. Narain, learned counsel for the applicants, the respondents have withheld the amount from the retirement benefits of the applicants who have retired or going to retire as stated in para 4.37 of the OA and some of the guards have been allowed the benefit of MACP by virtue of the Court orders as stated in paragraphs 4.4 – 4.7 and 4.38 of the OA. These contentions have not been specifically rebutted by the respondents in the Counter Reply. As stated in para 4.38 of the OA, the issue of entitlement of the railway Guards for MACP has been settled vide the order of Chandigarh Bench of this Tribunal in OA No. 1038/CH/2010 in the case of Raj Pal vs. Union of India, which has been upheld by Hon’ble Punjab and Haryana High Court and the SLP filed by the respondents was dismissed by Hon’ble Supreme Court.

36

21. The similar issue of admissibility of the MACP benefits to the railway Guards, who have availed promotion in the same pay band and grade pay was decided by Hon’ble Allahabad High Court in order dated 19.7.2013 in the case of Union of India thru G.M. E.C.R. and Ors. vs. Central Administrative Tribunals and Ors. in the Writ-A No. 18244/2013 arising out of the order passed by this Tribunal in the OA No. 1241/2011 in the case of Sachidananda Ram and Ors vs. Union of India and Ors. Hon’ble High Court has noted that by virtue of various judicial pronouncements which have been upheld by Hon’ble Apex Court, it has been settled that the movement of Senior Goods Guard to the post of Passenger Guard is not a promotion and it is a lateral induction. It is also held as under:-

“Undisputedly, the Senior Goods Guards and Passenger Guards were in the same scale of pay i.e. 5000-8000. Vide Board's Letter dated 11.9.2008, two categories of Passenger Guard and Senior Passenger Guard (5500-9000) have been merged and allotted Grade Pay of Rs.2400/- in Pay Band-II (RBE-108/ 2008). Whereas, earlier the post of Senior Passenger Guard was a promotional post for Passenger Guards. So far as the private respondents are concerned, undisputedly, they were initially recruited as Guard and received one financial upgradation i.e. from 2800 to 4200 (earlier grade pay assigned for both Senior Goods Guard/Passenger Guard) when they moved from the entry level of Goods Guard to the next higher post of either Senior Goods Guard or Passenger Guard. There was no further promotion so far as the private respondents are concerned. Since it has already been held by judicial pronouncement that the post of Senior Goods Guard and Passenger Guard have the same grade of pay and movement of a Senior Goods Guard to the post of Passenger Guard, is only a lateral induction and not a promotion, all the private respondents would be taken to have got only one financial upgradation and as per MACPS, they were entitled to two more financial upgradations. This is exactly what has been held by the Ernaculum Bench of the Central Administrative Tribunal in a batch of original applications, which was relied upon by the Tribunal in the impugned judgement.”

22. In this regard, the Railway Board issued a clarification regarding this issue vide the circular dated 10.2.2011 as discussed in the order dated 11.9.2-18 of this Tribunal in the case of Rikhi Ram and others vs. Union of India and others in OA No. 1253/2013, which has also been cited by the learned counsel for the applicant. The circular dated 10.2.2011 stated as under:-

“Subject: Grant of MACPS benefit to Guards category – clarification regarding (No. PC-V/2010/MACP/7/ECR, dated 10.2.2011) With reference to the letter above, it is stated that the matter has been examined in consultation with Department of Personnel & Training and it is clarified that every financial upgradation is to be 37

counted as upgradation and offset against the financial upgradation under MACPS in terms of Board’s letter dated 10.6.2009. (Bahri’s RBO 101/2009, p-127). Therefore, the placement / grant of higher Grade Pay from Goods Guard to Sr. Goods Guard on Non- functional basis should be reckoned as upgradation for the purpose of MACP Scheme.

Further, the categories of Passenger Guard (5000-8000) & Sr. Passenger Guard (5500-9000) have been merged and allotted Grade Pay Rs. 4200/- in PB-2 vide Board’s letter dated 11.9.2008 (Bahri’s RBO 108/2008, p-122). In terms of para -8 of the Board’s letter dt. 10.6.2009 the promotion from Sr. Goods Guard to Passenger Guard should be counted for the purpose of MACPS and in terms of Para – 5 of the said letter, the promotion from Passenger Guard to Sr. Passenger Guard should be ignored for MACPS. Therefore, an employee appointed as Goods Guard has earned following three promotions / financial upgradations till he reaches Mail / Express Guard, viz: -

(i). From Goods Guard to Sr. Goods Guard (ii). From Sr. Goods Guard to Passenger Guard (iii). From Sr. Passenger Guard to Mail / Express Guard [Passenger Guard to Sr. Passenger Guard to be ignored].”

23. It is clear from above, the Railway Board has treated some promotional posts of the Guards i.e. Passenger Guards and Senior Passenger Guards to be merged with the grade pay of Rs. 4200/- in PB-2, whereas movement from Senior Goods Guard to Passenger Guard and from Senior Passenger Guard to Mail/Express Guard have been treated as promotion. Movement from Passenger Guard to Senior Passenger Guard has not been treated as promotion on the ground of merging of both the cadres. Then movement from Senior Passenger Guard to Mail/Express Guard has also been treated as a promotion. It is noted that the posts of Senior Goods Guard, Passenger Guard, Senior Passenger Guard and Mail/Express Guard carry the same grade pay of Rs. 4200/- and same pay band i.e. PB-2 with effect from 1.1.2006.

24. As per the judgment dated 19.7.2013 of Hon’ble Allahabad High Court in Writ-A No.18244/2013, the movement of Guards from Senior Goods guard to Passenger Guard is a lateral induction and it is not a promotion. The said judgment dated 19.7.2013 has been upheld by Hon’ble Apex Court, as the SLP filed against the judgment dated 19.7.2013 was dismissed vide order dated 29.8.2014. Hence, the judgment dated 19.7.2013 is binding on this Tribunal, while deciding these OAs, as the facts in these OAs are similar to the facts in the Writ-A No. 18244/2013. As discussed in para 21, 22 and 23 above, the movement of 38

the Guards from the post of Senior Goods Guard to the post of Passenger Guard is to be treated as lateral induction, whereas it is treated as promotion by the Railway Board vide circular dated 10.2.2011. Hence, in lieu of the lateral movement from the post of Senior Goods Guard to Passenger Guard, which is not treated as a promotion as per the order dated 19.7.2013 of Hon’ble Allahabad High Court, the applicants are entitled for the benefit of one upgradation under MACP. But since at the time of movement from Senior Goods Guards to Passenger Guard, the applicants were allowed the benefit of increment, the same benefit may not be allowed again while considering the MACP benefit.

25. In view of the discussions above, the prayer in the OA to set aside the Railway Board circular dated 13.12.2012 (Annexure A-1) cannot be accepted in view of the judgment dated 27.3.2018 of Hon’ble Supreme Court in the case of Union of India and Ors. vs. Mukti Singha in Civil Appeal No. (s) 3321 of 2018, which is cited by the learned counsel for the respondents. But as held in the judgment dated 27.3.2018 of Hon’ble Apex Court, the benefit of MACP already allowed to the applicants shall not be recovered from the applicants. Further, following the judgment dated 19.7.2013 of Hon’ble Allahabad High Court in the Writ-A No. 18244/2013, we direct the respondents to consider extending the benefit of financial upgradation of MACP to the applicants who are eligible for the same, in terms of the aforesaid judgment dated 19.7.2013 and keeping in view the discussions in para 24 above.

26. All the OAs are partly allowed in terms of the directions in para 25 above. There will be no order as to costs.

(Rakesh Sagar Jain) (Gokul Chandra Pati) Member – J Member – A /pc/