Divisional Railway Manager, Ajmer Division, North West v. Topdara, Ajmer

Judgment

1. Shafi Ahmad Son Of Shri Babu Khan, Aged About 60 Years, R/o House No.382/d, Railway Colony, Babu Line, Topdara, Ajmer.

2. Subhash Chand Pareek S/o Shri Jagdish Pareek, R/o House No.101, Mali Mohalla, Shiv Colony, Jundan Nagar, Ajmer.

Sushil Kumar S/o Shri Laxmi Charan Sharma, R/o House No.18, Radha Nikunj, Muhana Mandi, Mansarovar Jaipur.

4. Rajendra Prasad Gaur S/o Shri Harihar Prasad Gaur, R/o House No. 155, R.k.puram, Foisa Road, Ajmer.

5. Deepak Sharma S/o Shri Y.c.sharma, R/o House No.74A, Bhagwati Nagar, Kartarpura, Jaipur.

6. Hardeen Ram Sharma Chaudhary S/o Shri Bhanwar Lal, R/o House No.62, Ganpati Nagar, Pushkar Road, Ajmer.

7. Mohd. Ilyash Hashmi S/o Late Shri S.m.h. Ambra, R/o House No.69, Akta Nagar, Gulab Bari, Ajmer.

8. Shambhu Singh S/o Shri Narsingh Daan Balera, R/o Post Lamba Hari Singh, District Tonk.

9. Bhanwar Lal Bagea S/o Shri Surja Ram, R/o House No.13, Topdara Colony, Ajmer.

10. Gopal Singh Bhagri S/o Shri Jabarmal, R/o House No.841, B.k.kaul Nagar, Ajmer.

11. Sanjay Kaushal S/o Shri R.s.kaushal, R/o House No.223, Keshav Nagar, Vaishali Nagar, Ajmer.

12. Noral Mal Panwar S/o Shri Mool Chand Panwar, R/o House Diggi Bazar, 21/913, Behind Diggi Talab, Ajmer.

13. H.k.meena S/o Shri Sodan Singh Meena, R/o House No.370 D, Topdara, Ajmer.

14. S.g.meena S/o Shri Ram Singh, R/o Railway Quarter No. [2025:RJ-JP:15293-DB] (2 of 6) [CW-10834/2021] 370A, Railway Colony, Topdara, Ajmer.

15. Suresh Kumar Dahiya S/o Shri Sharda Nand Dahlya, R/o A 93, Chandravardai Nagar, Ajmer.

16. Yogesh Gautam S/o Shri V.p.gautam, R/o 76, Bank Colony No.2, Naka Bazar, Ajmer.

17. P.c. Shukla S/o Shri Naveen Chand Shukla, R/o Shastri Colony, Pushkar Road, Ajmer.

18. Arvind Kumar Shukla S/o Shri Suresh Chand Shukla, R/o 24, Shastri Colony, Pushkar Road, Ajmer.

19. Ashok Kumar Gautam S/o Shri Narayanh Gautam, R/o Natraj Colony, Near Bajrang Dham Kanta, Foisagar Road, Ajmer.

20. Hansram Meena S/o Shri Raghuver Lal, R/o 51 A, New Amba Bari, Topdara, Ajmer.

21. Prem Singh Rathore S/o Shri Bhanwar Singh Rathore, R/o 370, Topdara Railway Colony, Babu Line, Ajmer.

22. J.p.sharma Son Of Shri Chet Ram Sharma, R/o 434, A Block, Chandravardai Nagar, Ajmer.

23. Nathu Ram Jat Son Of Shri Deva Ram, R/o 148, B.k.kaul Agar, Foisagar Road, Ajmer.

24. Sudhir Kumar Arora Son Of Shri L.n.arora, R/o H 3-Kh15, R.h.b. Colony Dholabhata, Ajmer.

25. Sadat Kabir Son Of Shri Abdul Vahid, R/o 39-B, Nath Ji Ka Mandir Road, Kundan Nagar, Ajmer.

26. Amar Singh Shekhawat Son Of Shri Sukh Deo, R/o 209A, Kundar Nagar, Near Bhalla Dairy, Ajmer. (Retd.) As Mail Guard From The Office Of Drm, Ajmer).

27. R.n.mathur, Son Of Shri Inder Narain Mathur, R/o House No.1626, Opp. Iwpd Office, Shyam Nagar, Chorasia Vas Road, Ajmer. Retd. As Mail Guard From Office Of Drm, Ajmer.

28. Ravi Dut Parihar Son Of Shri Shiv Dayal Parihar, R/o House No.532/n/2, Parihar Bhawan, Opp. Sir Ram Dass School, Ram Nagar, Ajmer. Retd. As Mail Guard From Of- fice Of Drm, Ajmer.

29. Hari Gopal Choudhary S/o Shri Ramchandra Choudhary, R/o 81, Swamy Nagar, Tekri-Modri Link Road, Inside Prabhat Enterprises, Iii Road, Udaipur. [2025:RJ-JP:15293-DB] (3 of 6) [CW-10834/2021]

30. N.k.sharma S/o Shri K.m.sharma, R/o 558, Sector No.11, Hiran Magri, Udaipur.

31. Ramesh Chand Gupta S/o Shri Badri Prasad Gupta, R/ o115, Shiv Colony, Kundan Nagar, Ajmer.

32. Vishnu Shankar Sharma S/o Shri Nand Kishore Ji, R/o 05- A, Jyoti Nagar, Behind Saint Grogorium School, New Sobhagpura, Udaipur.

33. Satya Narayan Lohar S/o Shri Gajaro Lal Lohar, R/o 102, Tilak Nagar, Hiran Magri, Sector-08, Udaipur.

34. Deepak Kumar Sharma S/o Shri Giriraj Chandra Sharma, R/o 20, Krishna Vihar, B-Block, New Vidhya Nagar, Sec- tor-4, Hiran Magri, Udaipur.

35. Sanjay Kumar Bhardwaj S/o Shri Surendra Kumar Bhard- waj, R/o Railway Quarter No.333-A, Railway Colony, Abu Road.

36. Raffiq Mohd. Sheikh S/o Shri Wali Mohd. Shekh, R/o 24, Mastan, Manjil, Murshid Nagar, Sector-12, Savena, Udaipur.

37. Hira Lal Ahari S/o Shri Homa Ji Ahari, R/o 18-A, Railway Colony, Udaipur City.

38. Ashok Kumar Gujjar S/o Shri Ram Chandra Gurjar, R/o Plot No.4, Near Kheda, M.p. Colony, Sector-13 Hiran Magri, Udaipur.

39. Mithu Singh Chundawat S/o Shri Hari Singh Chundawat, R/o 158-B, Meera Nagar Bhurana, Udaipur.

40. Raghuveer Singh S/o Shri Har Dan Singh, R/o Railway Quarter No.12, Railway Colony, Udaipur City.

41. Jaswant Singh Jhala, R/o T 55 A, Railway Colony, Rana Pratap Nagar, Udaipur.

42. Rajendra Kumar Sharma S/o Shri Radhey Shyam Sharma, R/o 25, R.k.puram, Near Girija Vyas Petrol Pump, Jee- tardi, Udaipur.

43. Narendra Kumar S/o Shri Ram Chandra, R/o Smriti Shesh, Tilak Nagar, Opp. Gramin Haat Bazar, Sector 08, Sabeena, Udaipur.

44. Ahmed Ali S/o Shri Guljar Mohammad, R/o Railway Quarter No.t-43-B, Rana Pratap Nagar, Railway Colony, Udaipur. [2025:RJ-JP:15293-DB] (4 of 6) [CW-10834/2021]

45. Jai Singh Branda S/o Shri Mangla Ji, R/o Village And Post Balicha Tehsil Khairwada, District Udaipur.

46. Deendayal Khandelwal S/o Shri Modi Chand, R/o Santosh Nagar, Gariawas Road, Gali No.3, Udaipur.

47. Rakesh Kumar Gupta S/o Shri Prem Narain Gupta, R/o House No.15/b, Ambedkar Colony, Abu Road. All The Above Applicants Are Working On The Post Of Guards Un- der Divisional Railway Manager, North Western Railway, Ajmer. ----Respondents Connected With D.B. Civil Writ Petition No. 9723/2021

1. Union Of India, Through The Secretary, Ministry Of Rail- way And Chairman Railway Board, Rail Bhawan, New Delhi.

2. General Manger (Personnel), North Western Railway, Jaipur.

3. Divisional Railway Manager, Ajmer (In Short, Drm, Ajmer.)

4. Divisional Railway Manager (Establishment), Ajmer. ----Petitioners Versus

1. Ranbir Singh Son Of Shri Tanti Ram, Aged About 50 Years, Resident Of Indra Nagar, First Gali, Opp. Hand Pump, Near Gas Godown, Gulab Bari, Kalyanipura Road, Ajmer. At Present Holding The Post Of Loco Pilot (Mail/ex- press) In Drm, Ajmer.

2. Ramsharan Son Of Shri Badri Prasad, Aged About 50 Years, Resident Of Ram Ganj Ajmer. At Present Holding The Post Of Loco Pilot (Mail/express) In Drm, Ajmer.

3. Naresh Kumar Son Of Shri Babulal, Aged About 48 Years, Resident Of Pal Beechla, Ajmer, At Present Holding The Post Of Loco Pilot (Mail/express) In Drm, Ajmer. ----Respondents For Petitioner(s) : Mr.Ashish Kumar, Adv. with Mr.Digvijay Singh, Adv. [2025:RJ-JP:15293-DB] (5 of 6) [CW-10834/2021] For Respondent(s) : Mr.Raghunandan Sharma, Adv. with Mr.Abhinav Srivastava, Adv HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE MANEESH SHARMA 04/04/2025 Order

1. These petitions are filed aggrieved of order dated

30.07.2021 passed by the Central Administrative Tribunal, Jaipur (for short the tribunal).

2. The brief facts are that the respondents filed Original Applica- tion (O.A.) before the tribunal aggrieved of withdrawal and recov- ery of second MACP benefits. The impugned orders dated

21.08.2015 and 26.05.2017 were quashed by the tribunal and the matter was remitted back to decide the matter afresh after com- plying 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 de- cision in “Mukti Singha”, we would just indicate that the said case was with reference to the bene- fits under the ACP scheme and not under the 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” [2025:RJ-JP:15293-DB] (6 of 6) [CW-10834/2021] 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 re- lated 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 set- ting aside the impugned orders and remanding the matter back by the tribunal.

5. The petitions are disposed of as infructuous. (MANEESH SHARMA), J (AVNEESH JHINGAN), J Himanshu Soni/52-53