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Union Of India vs Mukesh Kumar Sharma S/O Late Shri ...
2021 Latest Caselaw 6682 Raj/2

Citation : 2021 Latest Caselaw 6682 Raj/2
Judgement Date : 20 November, 2021

Rajasthan High Court
Union Of India vs Mukesh Kumar Sharma S/O Late Shri ... on 20 November, 2021
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D. B. Civil Writ Petition No. 11627/2021

1. Union Of India, Through General Manager, Western Zone, Western Railway, Church Gate, Mumbai.

2. Railway Board Through Its Chairman, Rail Bahwan, Ministry Of Railways, New Delhi.

3. Finance Commissioner, Railway Board, Rail Bahwan, New Delhi.

4. Finance Advisor And Chief Accounts Officer, Western Zone, Western Railway, Church Gate, Mumbai.

5. Deputy Financial Advisor And Chief Accounts Officer, Western Railway (Traffic Accounts), Ajmer

----Petitioners Versus

1. Mukesh Kumar Sharma S/o Late Shri P.s. Sharma, R/o Plot No. C-711, Panchsheel Nagar, Makarwali Road, Ajmer And Presently Working As An Accounts Assistant, Office Of The Deputy Chief Accounts Officer (Ta), Western Railway, Ajmer.

2. Mukesh Joshi S/o Shri Ram Chandra Joshi, Aged About 50 Years, R/o 14, Behind Roadways Workshop, Near Rto Office, Jaipur Road, Ghooghra, Ajmer And Presently Working As Accounts Assistant, Office Of The Deputy Chief Accounts Officer (Ta), Western Railway, Ajmer.

3. Mahesh Adwani S/o Late Shri Jhammu Mal Adwani, Aged About 52 Years, R/o 24, Choudhary Colony, Vaishali Nagar, Ajmer And Presently Working As Accounts Assistant, Office Of The Deputy Chief Accounts Officer (Ta), Western Railway, Ajmer.

4. Rajiv Verma S/o Late Shri Indra Kumar, Aged About 58 Years, R/o Railway Quarter No. 1637, Grp Line, Mall Road, Ajmer And Presently Working As Senior Section Officer, Office Of The Deputy Chief Accounts Officer (Ta), Western Railway, Ajmer.

5. Ashutosh Sharma S/o Shri Harswaroop Sharma, Aged About 51 Years, R/o 72, Braj Vihar Colony, Gulab Bari, Ajmer And Presently Working As Accounts Assistant, Office Of The Deputy Chief Accounts Officer (Ta), Western

(2 of 16) [CW-11627/2021]

Railway, Ajmer.

6. Amar Singh S/o Shri Onkar Prasad, Aged About 49 Years, Presently Working As Accounts Assistant

7. Usha Gupta S/o Shri Krishna Avtar, Aged About 52 Years, Presently Working As Accounts Assistant

8. Satyendra Kumar Lodia S/o Shri Ram Lal Lodia, Aged About 49 Years, Presently Working As Accounts Assistant

9. Kundan Mal Gora S/o Shri Ganga Ram Gora, Aged About 48 Years, Presently Working As Accounts Assistant

10. Kumud Maheshwari D/o Shri Harish Chanda Maheshwari, Aged About 44 Years, Presently Working As Accounts Assistant

11. Madhumati Mathur W/o Shri Vinay Swaroop Mathur, Aged About 56 Years, Presently Working As Accounts Assistant

12. Vinay Swaroop Mathur S/o Shri K.b. Mathur, Aged About 56 Years, Presently Working As Accounts Assistant

13. Rajeshwari Sharma W/o Shri Ashok Kumar Sharma, Aged About 53 Years, Presently Working As Accounts Assistant

14. Satveer Singh Yadav S/o Late Shri Nihal Singh Yadav, Presently Working As Accounts Assistant

15. Murari Lal S/o Shri Jainarain, Aged About 49 Years, Presently Working As Accounts Assistant

16. Anil Kumar Mittal S/o Late Shri Ram Narain Mittal, Aged About 55 Years, Presently Working As Accounts Assistant

17. Tulsi Ram Meena S/o Late Shri Ghisa Lal Meena, Aged About 52 Years, Presently Working As Accounts Assistant

18. Neera Gupta S/o Shri Mukesh Gupta, Aged About 55 Years, Presently Working As Accounts Assistant

19. Bhupendra Nath Arora S/o Shri Ram Prakash, Aged About 54 Years, Presently Working As Accounts Assistant

20. Sunita Agarwal D/o Shri Rajendra Prasad Agarwal, Aged About 50 Years, Presently Working As Accounts Assistant

21. Yogesh Kumar Dhiman S/o Shri Shiv Balak, Aged About 44 Years, Presently Working As Accounts Assistant

22. Anil Kumar Sharma S/o Late Shri S.d. Sharma, Aged About 50 Years, Presently Working As Accounts Assistant

23. Ramesh Chand Maholia S/o Shri Sarman Lal Maholia, Aged About 53 Years, Presently Working As Accounts

(3 of 16) [CW-11627/2021]

Assistant

24. Chunni Lal Mutreja S/o Shri P.d. Mutreja, Aged About 48 Years, Presently Working As Accounts Assistant

25. Kistur Chand Sharma S/o Late Shri Ladu Ram Sharma, Aged About 50 Years, Retired On 31.05.2013 As Accounts Assistant

26. Sudha Sharma W/o Shri Anil Kumar Sharma, Aged About 50 Years, Presently Working As Accounts Assistant

27. Sanjay Kumar Malhotra S/o Shri B.s. Malhotra, Aged About 50 Years, Presently Working As Accounts Assistant

28. Rajnish R. Massey S/o Shri Fazal D. Masih, Aged About 53 Years, Presently Working As Senior Section Officer (Accounts)

29. Karunesh Vashistha S/o Late Shri Mahaveer Prasad Vashistha, Aged About 52 Years, Presently Working As Accounts Assistant

30. Ramesh Chand S/o Late Shri Banshi Lal, Aged About 52 Years, Presently Working As Accounts Assistant

31. Jai Narayan Asrawat S/o Shri Chhotu Lal Asrawat, Aged About 41 Years, Presently Working As Accounts Assistant

32. Tikam Chand Sharma S/o Shri Ram Pratap Sharma, Aged About 52 Years, Presently Working As Accounts Assistant

33. Pradeep Kapoor S/o Shri G.l. Kapoor, Aged About 57 Years, Presently Working As Accounts Assistant

34. Ajit Singh S/o Shri Satya Deo Singh, Aged About 54 Years, Presently Working As Accounts Assistant

35. Akhtar Hussain S/o Shri Mohad. Sabir, Aged About 61 Years, Retired From The Post Of Sr. S.o.

36. Meera Dhawan S/o Shri N.r. Arora, Aged About 50 Years, Presently Working As Sr. S.o.

37. Soni Devi Bhadana D/o Shri Bhanwar Lal, Aged About 45 Years, Presently Working As Accounts Assistant

38. Harikesh Meena S/o Shri Gulab Chand Meena, Aged About 47 Years, Presently Working As Accounts Assistant

39. Reen Pandey D/o Shri Om Prakash, Aged About 52 Years, Presently Working As Accounts Assistant

40. Man Singh Meena S/o Shri Nathu Ram Meena, Aged About 44 Years, Presently Working As Accounts Assistant

(4 of 16) [CW-11627/2021]

41. Vipin Kumar Sharma S/o Shri Rajat Ram Sharma, Aged About 43 Years, Presently Working As Accounts Assistant

42. Alok Dutt Gaur S/o Shri Vishnu Dutt, Presently Working As Accounts Assistant

43. Pram Prakash Sharma S/o Shri Ghewar Chand, Aged About 48 Years, Presently Working As Accounts Assistant

44. Ramesh Kumar Gaur S/o Shri Kanti Swaroop Gaur, Aged About 48 Years, Presently Working As Senior Section Officer (Accounts).

45. Govind Narain Mathur S/o Shri Devi Lal Mathur, Aged About 53 Years, Presently Working As Accounts Assistant

46. Ashok Kumar Madhavi S/o Shri Bishan Lal, Aged About 55 Years, Presently Working As Accounts Assistant

47. Ashwani Bhardwaj S/o Shri S.n. Bhardwaj, Aged About 54 Years, Presently Working As Senior Section Officer (Accounts)

48. Ramesh Kumar Sharma S/o Shri Satyadev Sharma, Aged About 57 Years, Presently Working As Accounts Assistant

49. Ashok Kumar Meena S/o Shri Ramphal Meena, Aged About 44 Years, Presently Working As Accounts Assistant

50. Rajender Jethra S/o Shri Ram Kishan Jethra, Aged About 55 Years, Presently Working As Accounts Assistant

51. Surendra Jain S/o Shri Shanti Lal Jain, Aged About 53 Years, Presently Working As Assistant Financial Advisor

52. Asha Shekhawat D/o Shri B.s. Shekhawat, Aged About 50 Years, Presently Working As Sr. Assistant Financial Advisor

53. O.B. David S/o Shri Bernard David, Aged About 53 Years, Presently Working As Senior Section Officer (Accounts)

54. Jyotsana Sharma D/o Shri Laxmi Narain Sharma, Aged About 47 Years, Presently Working As Accounts Assistant

55. Manoj Kumar Jain S/o Shri Om Prakash Jain, Aged About 50 Years, Presently Working As Accounts Assistant

56. Sanjive Narain Mathur S/o Shri P.n. Mathur, Aged About 52 Years, Presently Working As Sr. Section Officer (Accounts)

57. Ranjana Tak D/o Shri H.C. Tak, Aged About 53 Years, Presently Working As Accounts Assistant

58. Suresh Chand Heda S/o Shri Ram Swarup Heda, Aged

(5 of 16) [CW-11627/2021]

About 53 Years, Presently Working As Accounts Assistant

59. Tek Chand Goyal S/o Shri Shyam Lal Goyal, Aged About 51 Years, Presently Working As Senior Section Officer (Accounts)

60. Ganesh Singh Panwar S/o Shri Arjun Singh Panwar, Aged About 53 Years, Presently Working As Accounts Assistant

61. Mahesh Khatwani S/o Shri Pritam Das Khatwani, Aged About 56 Years, Presently Working As Accounts Assistant

62. Virender Ganotra S/o Shri Sarab Dayal Ganotra, Aged About 58 Years, Presently Working As Accounts Assistant

63. Dalbir Ganotra W/o Shri Virender Ganotra, Aged About 57 Years, Presently Working As Accounts Assistant

64. Vinay Kumar Malhotra S/o Shri Bhim Sen Malhotra, Aged About 52 Years, Presently Working As Accounts Assistant

65. Gautam Jani S/o Shri Lal Shanker Jani, Aged About 57 Years, Presently Working As Accounts Assistant

66. Ramkishan Verma S/o Shri Amilal, Aged About 56 Years, Presently Working As Sr. S.o.

67. Laxman Singh S/o Shri Shish Pal Singh, Aged About 56 Years, Presently Working As Accounts Assistant

68. Mohan Lal Panwar S/o Shri Ram Pal, Aged About 55 Years, Presently Working As Accounts Assistant

69. Vijay Kumar Sharma S/o Shri Bhoop Singh Sharma, Aged About 45 Years, Presently Working As Accounts Assistant

70. Prem Prakash S/o Shri Chandra Dutta, Aged About 53 Years, Presently Working As Accounts Assistant

71. Parash Ram Meena S/o Shri Ram Meena, Aged About 45 Years, Presently Working As Accounts Assistant

72. Vimles Gupta S/o Shri B.n. Garg, Aged About 53 Years, Presently Working As Accounts Assistant

73. Madhu S. Tanwar D/o Shri Baljeet Singh, Aged About 53 Years, Presently Working As Accounts Assistant

74. Prakash Chand Meena S/o Shri Gopal Singh Meena, Aged About 74 Years, Presently Working As Accounts Assistant

75. Gopal Murari Sharma S/o Shri R.c. Sharma, Aged About 54 Years, Presently Working As Sr. S.o.

76. Pradeep Kumar Gupta S/o Shri Gyan Chand Gupta, Aged About 51 Years, Presently Working As Sr.s.o.

(6 of 16) [CW-11627/2021]

77. Bhagwan Das S/o Shri Kura, Aged About 56 Years, Presently Working As Accounts Assistant

78. Hanuman Sahai S/o Shri Nathu Lal, Aged About 52 Years, Presently Working As Accounts Assistant

79. Meera Khilnani W/o Shri Hari Das Khilnani, Aged About 59 Years, Presently Working As Accounts Assistant

80. Ashok Khilnani S/o Shri T.d. Khilnani, Aged About 52 Years, Presently Working As Accounts Assistant

81. Seema Bhargava D/o Late Shri B.d. Bhargava, Aged About 44 Years, Presently Working As Accounts Assistant

82. Ratan Lal Bairwa S/o Shri Kanhaiya Lal Bairwa, Aged About 52 Years, Presently Working As Accounts Assistant

83. Vishwajeet Chattree S/o Shri Rajpal Singh Chattree, Aged About 51 Years, Presently Working As Senior Section Officer (Accounts)

84. Shubha Gupta W/o Shri Ashok K. Gupta, Aged About 52 Years, Presently Working As Accounts Assistant

85. Sunita Amolick W/o Shri Pramod Amolick, Aged About 52 Years, Presently Working As Accounts Assistant

86. Champa Bijlani W/o Shri Deepak Bijlani, Aged About 53 Years, Presently Working As Accounts Assistant

87. Anil Kumar Mathur S/o Shri Ratan Lal Mathur, Aged About 59 Years, Presently Working As Accounts Assistant

88. Anand Kumar Kumawat S/o Shri Mangi Lal Kumawat, Aged About 52 Years, Presently Working As Accounts Assistant

89. Satish Chand Shukla S/o Shri Sunder Lal Shukla, Aged About 58 Years, Presently Working As Accounts Assistant

90. Pradeep Kumar Vashistha S/o Shri Lakhiram Vashistha, Aged About 59 Years, Presently Working As Accounts Assistant

91. A.k. Jaiman S/o Shri R.k. Jaiman, Aged About 54 Years, Presently Working As Senior Section Officer (Accounts)

92. Pradyumna Mathur S/o Shri Amar Narayan Mathur, Aged About 47 Years, Presently Working As Accounts Assistant

93. Rameshwar Lal S/o Shri Sheokaran Prajapat, Aged About 59 Years, Presently Working As Accounts Assistant

94. Mukesh Kumar Agrawal S/o Shri Madan Gopal Agrawal, Aged About 51 Years, Presently Working As Accounts

(7 of 16) [CW-11627/2021]

Assistant

95. Ramesh Chand Ubana S/o Shri Gopi Lal Ubana, Aged About 55 Years, Presently Working As Accounts Assistant

96. Naveen Kumar Verma S/o Shri Babu Lal Verma, Aged About 57 Years, Presently Working As Accounts Assistant

97. Mukesh Chaturvedi S/o Shri Suresh Chandra Chaturvedi, Aged About 58 Years, Presently Working As Sr.s.o.

98. Sunder Singh Rathore S/o Shri M.s. Rathore, Aged About 56 Years, Presently Working As Sr.s.o.

99. Santosh Gupta W/o Shri Rajendra Gupta, Aged About 53 Years, Presently Working As Accounts Assistant

100. Giriraj Tripathy S/o Shri Chandra Narayan, Aged About 58 Years, Presently Working As Accounts Assistant

101. Ram Lal S/o Shri Gulab Chand, Aged About 59 Years, Presently Working As Accounts Assistant

102. R.p. Garg S/o Shri Ghurey Lal Garg, Aged About 55 Years, Presently Working As Sr.s.o.

103. Tej Bahadur Sharma S/o Shri Virumal Ratumal Sharma, Presently Working As Accounts Assistant

104. Ashok Mathur S/o Shri Rajendra Kumar Mathur, Presently Working As Accounts Assistant

105. Shashi Modi S/o Shri Mirmal Kumar Modi, Aged About 48 Years, Presently Working As Accounts Assistant

106. Sushil Kumar Chandel S/o Shri Chhotu Lal Chandel, Aged About 50 Years, Presently Working As Accounts Assistant

107. Ram Gopal Meena S/o Shri H.l. Meena, Aged About 56 Years, Presently Working As Accounts Assistant

108. Pooran Chand S/o Shri Jagdish Prasad, Aged About 50 Years, Presently Working As Accounts Assistant

109. Vinay Kumar Goyal S/o Shri Gyan Prakash Goyal, Aged About 53 Years, Presently Working As Senior Section Officer (Accounts)

110. Hari Singh Mahawar S/o Shri Dhanna Lal Mahawar, Aged About 47 Years, Presently Working As Accounts Assistant

111. Heera Ram Gurjar S/o Shri Manna Ram Gurjar, Aged About 60 Years, Presently Working As Accounts Assistant

112. Geeta Saxena W/o Shri Ajay Saxena, Aged About 59 Years, Presently Working As Accounts Assistant

(8 of 16) [CW-11627/2021]

113. Vishnu Jhamaria S/o Shri A.b.l. Mathur, Aged About 53 Years, Presently Working As Senior Section Officer (Accounts)

114. Mohar Singh Meena S/o Shri Prabhu Lal Meena, Aged About 54 Years, Presently Working As Accounts Assistant

115. Sushma Kapoor S/o Shri Virendra Kapoor, Aged About 63 Years, Retired From The Post Of Accounts Assistant

116. Ramesh Chandra Saini S/o Shri Rati Ram, Aged About 59 Years, Presently Working As Accounts Assistant

117. Daulat Rai Bhatnagar S/o Shri Ganpat Rai Bhatnagar, Aged About 49 Years, Presently Working As Accounts Assistant

118. Ramji Lal Meena S/o Shri Nahnoo Ram, Aged About 51 Years, Presently Working As Accounts Assistant

119. Shiv Raj Singh Gaur S/o Shri Puran Singh Gaur, Aged About 46 Years, Presently Working As Accounts Assistant

120. Deen Dayal Sagar S/o Shri Babu Lal Sagar, Aged About 59 Years, Presently Working As Accounts Assistant

121. Suresh Chandra Sharma S/o Shri Ram Kishan Sharma, Aged About 58 Years, Presently Working As Accounts Assistant

122. Krishan Goapl Sharma S/o Shri Bhanwar Lal Ji, Aged About 52 Years, Presently Working As Accounts Assistant

123. Ashutosh Gaur S/o Shri Om Shankar Gaur, Aged About 48 Years, Presently Working As Accounts Assistant

124. Mahendra Kumar Shakya S/o Shri Thakur Singh, Aged About 48 Years, Presently Working As Accounts Assistant

125. Pyare Lal Siwasiya S/o Shri Sohan Lal, Aged About 53 Years, Presently Working As Accounts Assistant

126. Ravindra P. Dave S/o Shri P.j. Dave, Aged About 43 Years, Presently Working As Accounts Assistant

127. Nisha Sharma W/o Shri Dharmendra Sharma, Aged About 47 Years, Presently Working As Accounts Assistant

128. Ashok Kumar Sharma S/o Shri Shriram Sharma, Aged About 49 Years, Presently Working As Accounts Assistant

129. Bela Chaturvedi W/o Shri Umesh Chaturvedi, Aged About 48 Years, Presently Working As Accounts Assistant

130. Kumari Shalu Sharma D/o Shri Gopal Dutt Sharma, Aged About 42 Years, Presently Working As Accounts Assistant

(9 of 16) [CW-11627/2021]

131. Vandana Gupta W/o Shri Pushpendra Kumar Gupta, Aged About 51 Years, Presently Working As Sr.s.o.

132. Rajeshwari Chimnani W/o Shri J.p. Chimnani, Aged About 53 Years, Presently Working As Sr.s.o.

133. Salimuddin Khan S/o Shri Abdul Karim Khan, Aged About 51 Years, Presently Working As Sr.s.o.

134. Kuldeep Dave S/o Shri P.n. Dave, Aged About 55 Years, Presently Working As Sr.s.o.

135. Vijay Kumar Bhatnagar S/o Shri P.s. Bhatnagar, Aged About 58 Years, Presently Working As Accounts Assistant

136. Vijay Swaroop Jaiman S/o Shri Ramswaroop Jaiman, Aged About 49 Years, Presently Working As Accounts Assistant

137. Trilok Chaturvedi S/o Shri Bhedi Ram Chaturvedi, Aged About 44 Years, Presently Working As Accounts Assistant

138. Sushila Mathuria D/o Shri Kanhaiya Lal, Aged About 54 Years, Presently Working As Accounts Assistant

139. Anjana Wadwani W/o Shri Narain S. Wadwani, Aged About 52 Years, Presently Working As Accounts Assistant

140. Asha Sahi D/o Shri D.c. Sahi, Presently Working As Accounts Assistant

141. Vishal Sahajpal S/o Shri Brahma Nan Sharma, Aged About 45 Years, Presently Working As Accounts Assistant

142. Smt. Sushma Verma D/o Shri Gyan Chand Saran, Aged About 47 Years, Presently Working As Accounts Assistant

143. Anita Kalra W/o Shri Ram Murti Sharma, Aged About 51 Years, Presently Working As Sr. S.o.

144. Usha Sant D/o Shri Narayan Das Shavnani, Aged About 48 Years, Presently Working As Accounts Assistant

145. Manoj Nankai S/o Shri Prem Nankani, Aged About 49 Years, Presently Working As Accounts Assistant

146. Shail Jain D/o Shri Tara Chand Jain, Aged About 57 Years, Presently Working As Accounts Assistant

147. Shobha Rajani D/o Shri Sugnomal Aghicha, Presently Working As Accounts Assistant

148. Hari Ram Meena S/o Shri Narayna Singh, Aged About 49 Years, Presently Working As Accounts Assistant

149. Chirajni Lal Meena S/o Shri Mansha Ram, Aged About 50

(10 of 16) [CW-11627/2021]

Years, Presently Working As Accounts Assistant

150. Radhey Shyam Beejawat S/o Shri Deo Kishan Beejawat, Aged About 53 Years, Presently Working As Accounts Assistant

151. Sant Ram Shad S/o Shri Mage Lal Shad, Aged About 46 Years, Presently Working As Accounts Assistant

152. Sushil Kumar Jain S/o Shri Pyarelal Jain, Aged About 47 Years, Presently Working As Accounts Assistant

153. Nisha A. Sharma W/o Late Shri Ashok Sharma, Aged About 51 Years, Presently Working As Sr.s.o.

154. Kavita Balani D/o Shri Vishnu C. Balani, Aged About 48 Years, Presently Working As Accounts Assistant

155. Basant Kumar Jha S/o Shri Ramesh Dutt Jha, Aged About 51 Years, Presently Working As Sr. S.o.

156. Ashok Sharma S/o Shri Uday Bhan Sharma, Aged About 58 Years, Presently Working As Accounts Assistant

157. Bhagwan Singh Meena S/o Shri Kana Ram, Aged About 49 Years, Presently Working As Accounts Assistant

158. Basant Kumar S/o Shri Ram Dev Kachhawa, Aged About 47 Years, Presently Working As Accounts Assistant

159. Rajendra Kumar Dubey S/o Shri K.k. Dube, Aged About 48 Years, Presently Working As Accounts Assistant

160. Mahesh Chand Meena S/o Shri Pati Ram Meena, Aged About 47 Years, Presently Working As Accounts Assistant

161. Anil Kumar Mathur S/o Shri Devi Lal Mathur, Aged About 58 Years, Presently Working As Accounts Assistant

162. Purshottam Das S/o Shri Narayan Dass, Aged About 53 Years, Presently Working As Sr. S.o.

163. Amir Hasan S/o Shri Hakam Ali Khan, Aged About 51 Years, Presently Working As Accounts Assistant

164. Deepak Arora S/o Shri Manohar Lal, Aged About 45 Years, Presently Working As Accounts Assistant

165. Brajesh Kumar Sharma S/o Shri Surendra Kumar Sharma, Aged About 50 Years, Presently Working As Accounts Assistant

166. Rajendra Prasad Gupta S/o Shri Chhote Lal, Aged About 60 Years, Retired From The Post Of Sr. S.o.

167. Suresh Chand Gupta S/o Late Shri Girraj Prasad Gupta,

(11 of 16) [CW-11627/2021]

Aged About 56 Years, Presently Working As Sr. S.o.

168. Sudhir Balotia S/o Shri Raghunath Balotia, Aged About 50 Years, Presently Working As Accounts Assistant

169. Om Prakash Verma S/o Shri Nathu Lal Verma, Aged About 46 Years, Presently Working As Accounts Assistant

170. Gajanand Jatia S/o Shri Ram Chandra, Aged About 41 Years, Presently Working As Accounts Assistant

171. Satish Chandra Vijaivargiya S/o Shri Asharam Patwari, Aged About 51 Years, Presently Working As Sr.s.o.

172. Satya Narayan Gupta S/o Shri Jagdish Prasad Gupta, Aged About 57 Years, Presently Working As Sr.s.o.

173. Pramod Kumar Chaurasia S/o Shri J.p. Chaurasia, Aged About 54 Years, Presently Working As Sr.s.o.

174. Jalaram S/o Shri Rampal, Aged About 50 Years, Presently Working As Accounts Assistant

175. Govind Ram Harijan S/o Shri Goverdhan Lal, Aged About 47 Years, Presently Working As Accounts Assistant

176. Hari Om Sharma S/o Shri Mahavir Prasad Sharma, Aged About 45 Years, Presently Working As Accounts Assistant

177. Devendra Kumar Jain S/o Shri Inder Chand Jain, Aged About 52 Years, Presently Working As Accounts Assistant

178. Shashi Jan D/o Shri P.l. Jain, Aged About 49 Years, Presently Working As Accounts Assistant

179. Kavita Bhardwaj D/o Shri J.c. Kaushik, Aged About 43 Years, Presently Working As Accounts Assistant

180. Rajendra Prasad Meena S/o Shri Kishori Lal Meena, Aged About 50 Years, Presently Working As Accounts Assistant

181. Yogesh Gautam S/o Shri Sita Ram Sharma, Aged About 48 Years, Presently Working As Accounts Assistant

182. Hemendra Kumar Mishra S/o Shri Daya Shankar Mishra, Presently Working As Afa

183. Pradeep Sharma S/o Shri S.l. Sharma, Aged About 45 Years, Presently Working As Afa

184. J.p. Meena S/o Late Shri R.n. Meena, Aged About 47 Years, Presently Working As Afa

185. Ashok Kumar Yadav S/o Late Shri C.m. Yadav, Aged About 53 Years, Presently Working As Accounts Assistant

186. Man Mohan Kulwal S/o Shri Kalyan Prasad Kulwal, Aged

(12 of 16) [CW-11627/2021]

About 54 Years, Presently Working As Accounts Assistant

187. Gopal Prasad Tiwari S/o Shri Govind Prasad Tiwari, Aged About 50 Years, Presently Working As Sr.s.o.

188. N.d. Sharma S/o Shri R.d. Sharma, Aged About 52 Years, Presently Working As Sr.s.o.

189. Arjun Ram Sharma S/o Shri Jeewan Ram Sharma, Aged About 56 Years, Presently Working As Accounts Assistant

190. Roop Narayan Asopa S/o Shri Ghanshyam Das, Aged About 58 Years, Presently Working As Sr.s.o.

191. Devi Lal Gurjar S/o Shri Ram Lal, Aged About 59 Years, Presently Working As Accounts Assistant

192. Vijay Kumar Sharma S/o Shri Shri Gopal, Aged About 51 Years, Presently Working As Accounts Assistant

193. Mohd. Yunus Khilji S/o Shri Abdul Jabbar Khilji, Aged About 56 Years, Presently Working As Accounts Assistant

194. Girish Bhiryani S/o Shri Sahib Bhiryani, Aged About 59 Years, Presently Working As Accounts Assistant

195. Rajni Gupta W/o Shri Santosh Gupta, Aged About 46 Years, Presently Working As Accounts Assistant

196. Jasbir Puri W/o Shri Ravi Bhushan Puri, Aged About 54 Years, Presently Working As Accounts Assistant

197. Mukund Behari Katara S/o Shri R.p. Katara, Aged About 54 Years, Presently Working As Sr.s.o.

198. Mahesh Kumar Jain S/o Shri Trilok Chand Jain, Aged About 56 Years, Presently Working As Accounts Assistant

199. Manoj Mathur S/o Shri Hari Prasad Mathur, Aged About 47 Years, Presently Working As Accounts Assistant

200. Ramesh Hemnani S/o Late Shri Tola Ram Hemnani, Aged About 58 Years, Presently Working As Accounts Assistant

201. Kanhaiya Lal Tunwal S/o Shri Poonam Chand Tunwal, Aged About 58 Years, Presently Working As Accounts Assistant

202. Ashok Kapoor S/o Shri P.n. Kapoor, Aged About 62 Years, Retired From The Post Of Accounts Assistant

203. Sampat Ram Meena S/o Late Shri Surgyani Ram Meena, Aged About 52 Years, Presently Working As Sr. T.i.a.

204. Om Prakash Gaur S/o Shri Shanti Lal Gaur, Aged About 54 Years, Presently Working As Sr. T.i.a.

(13 of 16) [CW-11627/2021]

205. Amrit Lal S/o Late Shri Mania Ji, Aged About 59 Years, Presently Working As Sr. T.i.a.

206. Kamal Kumar Rajoria S/o Shri Prem Chand Rajoria, Aged About 48 Years, Presently Working As Sr. T.i.a.

207. Naresh Kumar Tak S/o Late Shri Bhanwar Lal Tak, Aged About 56 Years, Presently Working As Sr. T.i.a.

208. Satish Kumar Goyal S/o Late Shri N.k. Goyal, Aged About 50 Years, Presently Working As Sr. T.i.a.

209. S.m. Jogi S/o Shri N.m. Jogi, Aged About 50 Years, Presently Working As Sr. T.i.a.

210. Anil Kumar Upadhyay S/o Late Shri Shaligram Upadhyay, Aged About 53 Years, Presently Working As Sr. T.i.a.

211. Ashok Kumar Vishwa S/o Late Shri Govind Prasad Vishwa, Aged About 51 Years, Presently Working As Sr. T.i.a.

212. Sulekha Sharma W/o Shri Rakesh Kumar Sharma, Aged About 54 Years, Presently Working As Sr. T.i.a.

213. Ratnesh Kumar S/o Shri Buddha Ram Tihari, Aged About 48 Years, Presently Working As Sr. T.i.a.

214. Sanjeev Gupta S/o Shri Laxmi Narayian Gupta, Aged About 56 Years, Presently Working As Sr. T.i.a.

215. Subhash Chandra S/o Late Shri Rati Ram, Aged About 59 Years, Presently Working As Sr. T.i.a.

216. M.m. Sheikh S/o Shri Mahamed Rafik, Aged About 55 Years, Presently Working As Sr. T.i.a.

217. Ashok Mishra S/o Shri Ram Swaroop Mishra, Aged About 48 Years, Presently Working As Sr. T.i.a.

218. Balwant Ram Sharma S/o Shri Byas Muni Sharma, Aged About 52 Years, Presently Working As Sr. T.i.a.

219. Roop Narayan Meena S/o Shri Chhotu Ram Meena, Aged About 52 Years, Presently Working As Sr. T.i.a.

220. Nirnimesh Kumar S/o Shri R.n. Sharma, Aged About 53 Years, Presently Working As Sr. T.i.a.

221. Neeraj Pareek S/o Shri Ram Karan Pareek, Aged About 50 Years, Presently Working As Sr. T.i.a.

222. Ram Sahai Meena S/o Shri Roop Mal Meena, Aged About 54 Years, Presently Working As Sr. T.i.a.

223. Sunder Lal S/o Shri Kishan Lal Kumawat, Aged About 53 Years, Presently Working As Sr. T.i.a.

(14 of 16) [CW-11627/2021]

224. Ashok Jain S/o Shri Sumer Chand Jain, Aged About 54 Years, Presently Working As Sr. T.i.a.

225. Jogendra Singh S/o Shri Kartar Singh, Aged About 56 Years, Presently Working As Sr. T.i.a.

226. Rajendra Gotan S/o Shri L.g. Gotan, Presently Working As Sr. T.i.a.

227. Vishnu Dutt Sharma S/o Shri Shiv Dayal Sharma, Aged About 48 Years, Presently Working As Sr. T.i.a.

228. Rakesh Kumar Jain S/o Shri Tara Chand Jain, Aged About 52 Years, Presently Working As Sr. T.i.a.

229. Ramesh Chand Saxena S/o Shri Madho Narain Saxena, Aged About 56 Years, Presently Working As Sr. T.i.a.

230. Arjun Singh Panwar S/o Shri Sankal Singh Panwar, Aged About 54 Years, Presently Working As Sr. T.i.a.

231. Ramotar Singh Meena S/o Shri Moti Ram Meena, Aged About 49 Years, Presently Working As Sr. T.i.a.

232. Narayan Singh S/o Shri Ratan Lal, Aged About 52 Years, Presently Working As Sr. T.i.a.

233. C.l. Meena S/o Shri Jagan Lal Meena, Aged About 53 Years, Presently Working As Sr. T.i.a.

234. Vijay Kumar S/o Shri Nelkant Singh, Aged About 47 Years, Presently Working As Sr. T.i.a.

235. S.b. Bagoria S/o Shri Hari Chand Bagoria, Aged About 51 Years, Presently Working As Sr. T.i.a.

236. Sudhir Kishore Bhatnagar S/o Shri Raj Kishore Bhatnagar, Aged About 56 Years, Presently Working As Sr. T.i.a.

237. Vinayak Sawant S/o Shri Y.v. Sawant, Aged About 43 Years, Presently Working As Sr. T.i.a.

238. D.t. Karia S/o Shri T.l. Karia, Aged About 55 Years, Presently Working As Sr. T.i.a.

239. Vimal D. Sharma S/o Shri Diwakar Sharma, Aged About 51 Years, Presently Working As Sr. T.i.a.

240. O.p. Parekh S/o Shri Ram, Gopal, Aged About 53 Years, Presently Working As Sr. Assistant Finance Advisor.

241. Ashok Kumar Beniwal S/o Shri Suraj Narayan Beniwal, Aged About 51 Years, Presently Working As Sr. T.i.a. All Above Applicants Are Working In The Office Of Deputy Chief Accounts Officer (Ta), Western Railway, Ajmer. Postal Address- C/o Mukesh Kumar Sharma, Plot No. C-

(15 of 16) [CW-11627/2021]

711, Panchsheel Nagar, Makarwali Road, Ajmer.

----Respondents

For Petitioners : Mr. Aslam Khan Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

20/11/2021 Heard.

Present petition arises out of order dated 07.04.2021

passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur

(for short 'the Tribunal') in original application filed on behalf of a

large number of railway employees in the accounts cadre seeking

benefit of revised pay scale with effect from the date

recommendations for revision were made, i.e, with effect from

01.01.1996.

Learned Tribunal relied upon the decision dated

18.12.2019 of Delhi High Court in the case of All India Railway

Accounts Staff Association and Others Vs. Union of India & Others,

WCP No. 1523/2016.

Learned counsel for the petitioners has fairly stated

that SLP filed against the said judgment has also been dismissed.

We find that in the order passed by the Delhi High

Court, order dated 07.03.2003 of the Railway Board to the extent

it limited the actual benefit of revised pay scale by granting the

same from 02.02.2003 and not from 01.01.1996 has been set

aside.

(16 of 16) [CW-11627/2021]

It was on the strength of this order that the benefit was

extended in limited manner and not from 01.01.1996. Since that

order has now been set aside, the Tribunal was left with no option

but to allow the original application.

The argument that the original application before the

Tribunal was filed with delay cannot be accepted because Delhi

High Court had allowed the petition and even order dated

07.03.2003 of the Railway Board has been set aside. Original

application remained pending since 2015 before the Tribunal.

Once order dated 07.03.2003 of the Railway board has been set

aside to the extent indicated in para 23 of the order passed by

Delhi High Court, the Tribunal could not have and has rightly not

dismissed the original application on the ground of delay.

In view of above, there is no merit in this petition and

the same is accordingly dismissed.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J

MANOJ NARWANI /19

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