Manager, Western Central Railway, Kota v. Jitendra Bharadwaj S/o Sh. Kedar Nath Bharadwaj, Aged

Judgment

1. Jitendra Bharadwaj S/o Sh. Kedar Nath Bharadwaj, Aged About 57 Years, R/o 10-A, Model Town Kedliphatak, Kota Presently Working As Guard St Guard Driver Lobby Kota Junction, Kota.

2. Shashi Bhushan S/o Shri Devkinandan Sharma, Aged About 54 Years, R/o House No. 23, Model Town Kedliphatak, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

3. Radhey Shyam Kumawat S/o Kishan Lal Kumawat, Aged About 58 Years, Resident Of House No. B-35, Indira Colony, J.n. Marshal, Mal Road, Kota, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

4. Mustafa Hussain Bohra S/o Mumtaj Hussain Bohra, Aged About 53 Years, R/o C/o B.c.i. Education, Old Post Office Road, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

5. Rajendra Prasad Sharma S/o Sh. Chiranjilal Sharma, Aged About 57 Years, Near Station Temple, Alanpur, Sawai Madhopur, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

6. Ram Kishore Meena S/o Sh. Berbal Meena, Aged About 57 Years, R/o R.e. 9-B, New Railway Colony, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

7. Mukesh Jain S/o Sh. Madan Lal Jain, Aged About 56 Years, R/o House No. 39, Railway Housing Society, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

8. A. J. Khan S/o Sh. S.r. Khan, Aged About 57 Years, R/o 127, R. K. Nagar, Police Lines, Baran Road, Kota Presently [2025:RJ-JP:15088-DB] (2 of 6) [CW-9803/2023] Working As Guard At Guard Driver Lobby Kota Junction, Kota.

9. S.k. Bhola S/o Sh. Bhagmal Bhola, R/o House No.301, Shree Nath Angan, Near Jain Temple, Gurudwara Road, Kota, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

10. Veerendra Kumar Singh S/o Sh. Jawahar Singh, Aged About 57 Years, R/o Gurudwara Main Road, Kota Presently Guard At Guard Driver Lobby Kota Working As Junction, Kota.

11. Shiv Kumar Meena S/o Sh. Raman Lal Meena, Aged About 62 Years, R/o House No. 38, Yash Vihar Sogriya Road, Kota, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

12. Sanjeev Tahlan S/o Sh. Prem Singh, Aged About 56 Years, House No. B-404, Shree Nath Apartments, Bal Mandir Road, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

13. Sunil Tandon S/o Sh. Kedar Nath Tandon, Aged About 56 Years, R/o House No. D-11, M.b.s Nagar, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

14. Jagdish Soni S/o Sh. Purshottamlal Ji Soni, Aged About 54 Years, R/o Near Lal Burj, Saraykayasthan, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

15. Daulat Ram Gochar S/o Sh. Govind Lal Ji, Aged About 50 Years, R/o 29-B, Indira Colony, Jn. Marshal Mal Road, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

16. Ram Dayal Meena S/o Sh. Pyare Lal Meena, Aged About 54 Years, House No.13, Adarsh Nagar, Bapu Colony, Kota, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

17. Aziz Khan S/o Sh. Chote Khan, Aged About 58 Years, R/o E-03, Atwal Nagar, Police Lines, Naya Pura, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

18. Radheshyam Meena S/o Beerbal Meena, Aged About 47 [2025:RJ-JP:15088-DB] (3 of 6) [CW-9803/2023] Years, House No.3, Amar Vihar Holy Family Road, Borkheda, Kota, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

19. Alok Joshi S/o Sh. Panna Lal Joshi, Aged About 56 Years, A-7,601/602. Mahalakshmi Puram, Opp, Singhania School, Baran Road, Kota, Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

20. Rakesh Updahaya S/o Sh. Ninua Ram Ji, Aged About 57 Years, R/o A-255, Riddi Siddhi Nagar, Bundi Road, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

21. Pyare Lal Gupta S/o Sh. Sumer Chandra Gupta, Aged About 58 Years, A-52, Garg Sadan, Parahwnath Nagar Extension, Devli Arab Road, Borkheda Road, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

22. Shiv Kumar Sharma S/o Sh. Banke Lal Sharma, Aged About 59 Years, G-13, Chirmesh Nagar, Baran Road, Borkheda, Kota Presently Working As Guard At Guard Driver Lobby Kota Junction, Kota.

23. Ramroop Meena S/o Sh. Mangal Ram Meena, Aged About 51 Years, R/o Adarsh Nagar, Udai Road, Ganga. Pur City, District Sawaimadhopur, Presently Working As Guard At Guard Driver Lobby At Gangapur City.

24. Hans Raj Meena S/o Sh. Hari Ram Meena, Aged About 56 Years, R/o Heera Nagar, Mirzapur, Gangapur City Presently Working As Guard At Guard Driver Lobby At Gangapur City.

25. Janki Lal Meena S/o Sh. Gopi Lal Meena, Aged About 57 Years, R/o Ambedkar Colony, Khordaha, Sawai Madhopur Presently Working As Guard At Guard Driver Lobby At Gangapur City.

26. Om Prakash Khatri S/o Sh Lal Chand Ji Khatri, Aged About 55 Years, R/o Gandhi Chowk, Bayana District Bharatpur Presently Working As Guard At Guard Driver Lobby At Gangapur City.

27. Girdhari Lal Meena S/o Sh. Natha Ram Meena, Aged About 41 Years, R/o House No.207-A, Railway Colony Gangapur, District Sawai Madhopur Presently Working As [2025:RJ-JP:15088-DB] (4 of 6) [CW-9803/2023] Guard At Guard Driver Lobby At Gangapur City.

28. Ram Narayan Meena S/o Budh Ram Meena, Aged About 56 Years, R/o Gram Post. Bhopur, Tehsil Toda Bhim, District Kaurali Presently Working As Guard At Guard Driver Lobby At Gangapur City.

29. Rajesh Khandelwal S/o Bhishambar Khandelwal, Aged About 60 Years, Plot No.7, Inside Palace, Giriraj Colony, Bharatpur, Presently Working As Guard At Guard Driver Lobby At Gangapur City.

30. Rajendra Gupta S/o Sh. Chagan Lal Gupta, Aged About 57 Years, Narsingh Colony, Railway Mal Godam Road, Gangapur City, Presently Working As Guard At Guard Driver Lobby At Gangapur City.

31. Samay Singh Meena S/o Thandi Ram Meena, Aged About 57 Years, R/o 8, Shivpuri, Dr. Hari Charan's Street, Gangapur City, Sawai Madhopur Presently Working As Guard At Guard Driver Lobby At Gangapur City.

32. Ram Niwas Meena S/o Megha Ram Meena, Aged About 57 Years, R/o Vaid Colony, Gangapur City Presently Working As Guard At Guard Driver Lobby At Gangapur City.

33. Murari Lal Meena S/o Shri Ram Meena, Aged About 57 Years, R/o Adarsh Nagar, Gangapur City, Presently Working As Guard At Guard Driver Lobby At Gangapur City.

34. Sawar Ram Meena S/o Sh. Mool Chand Meena, Aged About 58 Years, Nursingh Colony, Gangapur City Presently Working As Guard At Guard Driver Lobby At Gangapur City.

35. Sunil Kumar Chaturvedi S/o Sh. Nathi Lal Chaturvedi, Aged About 57 Years, R/o Ranjeet Nagar, Bharatpur Presently Working As Guard At Guard Driver Lobby At Gangapur City.

36. Rajesh Gautam S/o Sh Ram Swaroop Gautam, Aged About 49 Years, R/o 247, Adarsh Colony Shiv Mandir Colony, Khedliphatak Kota Presently Working As Guard At Guard Driver Lobby At Kota ----Respondents [2025:RJ-JP:15088-DB] (5 of 6) [CW-9803/2023] For Petitioner(s) : Mr. Ashish Kumar CGPC with Mr. Digvijay Singh For Respondent(s) : Mr. Raghu Nandan Sharma HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE MANEESH SHARMA 03/04/2025 Order

1. This petition is filed aggrieved of order dated 14.02.2023 passed by the Central Administrative Tribunal, Jaipur (for short the tribunal).

2. The brief facts are that the respondents filed Original Application (O.A.) before the tribunal aggrieved of withdrawal and recovery of second MACP benefits. The impugned order dated

16.09.2014 was quashed by the tribunal and the matter was remitted back to decide the matter afresh after complying the principles of natural justice.

3. Learned counsel for the parties are at ad idem that during pendency of this petition the issue involved in this case has been decided by the Division Bench of this Court in Union of India Vs. Laxman Lal Parihar reported in [2024:RJ-JD:35491-DB], which reads as under: “12. Having this principle in mind, we find that the Hon'ble Supreme Court in “Union of India & Ors. Vs. Surendra Kumar” and other cases gave a quietus to the decision by the Patna High Court and the Allahabad High Court. Such decisions are now binding on the Union of India. As to the decision in “Mukti Singha”, we would just indicate that the said case was with reference to the benefits under the ACP scheme and not under the [2025:RJ-JP:15088-DB] (6 of 6) [CW-9803/2023] MACP scheme which is quite apparent on a glance at Paragraph No.11 of the Judgment by the High Court. In fact, in Paragraph No.5 of “Mukti Singha” the Hon'ble Supreme Court clearly indicated that the said case pertained to MACP scheme but the High Court had proceeded to grant relief as if the same related to ACP scheme. In Paragraph No.5 of “Mukti Singha's” case, the following observations have been made by the Hon'ble Supreme Court:- "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 there in for interpretation of MACP. Moreover, clarification referred to above fully supports this interpretation."

4. In view of the above, no cause of action survives against setting aside the impugned order and remanding the matter back by the tribunal.

5. The petition is disposed of as infructuous. (MANEESH SHARMA),J (AVNEESH JHINGAN),J Seema/55