Union Of India vs Kedar Prabhakar Bhujang (Sr. ...
2023 Latest Caselaw 13899 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 24 th OF AUGUST, 2023
                   MISC. PETITION No. 4524 of 2023

BETWEEN:-
1.    UNION OF INDIA, GENERAL MANAGER, NORTH
      CENTRAL      RAILWAY,     SUBEDRARGANJ,
      ALLAHABAD, PRAYAGRAJ-211015

2.    CHIEF WORKSHOP MANAGER, RAIL SPRING
      KARKHANA, SITHOLI, GWALIOR

3.    ASSISTANT PERSONAL OFFICER, RAIL SPRING
      KARKHANA, SITHOLI, GWALIOR

                                                             .....PETITIONERS
(SHRI S.S. BANSAL - ADVOCATE FOR THE PETITIONERS)

AND
KEDAR PRABHAKAR BHUJANG S/O DR. P.S. BHUJANG,
SR. SECTION ENGINEER, RAIL SPRING KARKHANA,
SITHOLI, GWALIOR, R/O H.NO. 20, GANGA VIHAR,
GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENT


      This petition coming on for admission this day, Justice Rohit Arya
passed the following:
                                   ORDER

This petition, under Article 227 of the Constitution of India, by Union of India, is directed against the order dated 24.03.2023 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting: Gwalior, in Original Application No.202/00419/2019.

Learned Tribunal, relying upon the judgment rendered by Hon'ble Apex Court in the case of "State of Punjab and others etc.Vs. Rafiq Masih (White Washer) etc., (2015) 4 SCC 334" (Para 13 and 14), has found no justification for withdrawal of benefit of pay upgradation granted to the respondent (w.e.f.16.10.2008), at the distance time of more than seven years.

Learned counsel for the petitioners submits that in view of the order dated 27.09.2017 passed in WA.340 of 2017 [The State of Madhya Pradesh and others Vs. Laxman Prasad Sharma] (Gwalior Bench) and order dated 11.04.2018 passed in WA No.815 of 2017 [The State of Madhya Pradesh and others Vs. Jagdish Prasad Dubey] (Principal Seat Jabalpur), the reliance placed

by the Tribunal on Rafiq Masih (White Washer) (supra) was not proper.

We have perused the orders cited and are of the view that the same have no bearing to the factual matrix of the case in hand as it is not the case of undertaking given by the employee; a distinguishable feature.

Consequently, instant Misc. Petition stands dismissed.

                                                    (ROHIT ARYA)                               (DEEPAK KUMAR AGARWAL)
                                                       JUDGE                                             JUDGE
                                               pd

PAWAN
        Digitally signed by PAWAN DHARKAR
        DN: c=IN, o=HIGH COURT OF MADHYA
        PRADESH BENCH GWALIOR, ou=HIGH
        COURT OF MADHYA PRADESH BENCH
        GWALIOR, postalCode=474001,



DHARK
        st=Madhya Pradesh,

2.5.4.20=5da1b3ce5c6aee672b1f51a5cff 5661c113046ab7ebb8031c36dcac4472c0 40a, pseudonym=22FE9CB9F7CF0345E7FFAC

AR 9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D 6E42E82477C85878470B30E4A7672CCA 523E83C0BCB9, cn=PAWAN DHARKAR Date: 2023.08.24 20:05:55 +05'30'