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Reserved on 21.01.2026

Central Administrative Tribunal, Allahabad Bench, Allahabad

This the

03rd

day of February, 2026

Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Original Application No. 943 of 2009

Shiv Shanker aged about 52 years son of Late Lahur (Yadav)

working as Helper – 1 under Section Engineer (Works)/N.C.

Railway, Mirzapur R/o – Village: Denguaha, Post: Kalana, District:

Mirzapur.

……….. APPLICANT

By Advocate: Shri M.K. Dhrubvanshi

Versus

1. Union of India through General Manager, N.C. Railway, H.Q.

Allahabad.

2. General Manager, N.C. Railway, HQ Subedarganj, Allahabad.

3. Divisional Railway Manager, N.C. Railway, DRM’s Office

Allahabad.

4. Sr. DEN (1) through DEN (G), N.C. Railway, DRM’s Office,

Allahabad.

5. Shri R.A. Vishwakarma, Section Engineer (Track) N.C. Railway,

Churk, Distt., Sonebhadra.

6. Divisional Engineer, N.C. Railway, Chunar Distt. Mirzapur.

7. Divisional Engineer, N.C. Railway, Mirzapur.

.………RESPONDENTS

By Advocate: Shri Bashist Tiwari

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ORDER

(By Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri M K Dhrubvanshi, learned counsel for the applicant and

Shri Bashist Tiwari, learned counsel for the respondents, were

present at the time of hearing.

2. The instant original application has been filed by the applicant

seeking following relief:

“(i) The Hon’ble Tribunal may graciously be pleased to

quash the impugned order dated 3.1.2009 (Annexure A-

1) and direct the respondents to pay salary to the

applicant for the period from 26.6.2005 to 2.2.2007

after his medical decategorisation during which period

he was kept under supernumerary post till he was finally

absorbed against an alternative post of Helper Khalasi

suitable to his medical fitness vide revised order dated

31.8.2006 and posted under S.E. (Works) at Mirzapur

but allowed duty on 3.2.2007.

(ii) The Hon’ble Tribunal may further be pleased to

direct the respondents to pay salary of 11 days of the

period of his sick period of March / April 2005 under

Railway dotor and also pay his PL Bonus for the

aforesaid period from 26.5.2005 to 2.2.2007 as

admissible under the Rules.

(iii) Any other writ or order or direction which the

Hon’ble Tribunal deems fit and proper in the

circumstances of the case may also kindly be issued in

the interest of justice.

(iv) Cost of the Application may also be awarded.”

3. The instant original application has been filed by the applicant

challenging the order dated 03.1.2009 (Annexure A-1) passed by the

respondents through which the representation of the applicant

seeking payment of salary and other dues, was rejected. The

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applicant has alleged that he has not been paid salary of 11 days of

sick period with Rly Doctor between 02.03.2005 and 25.06.2005.

The applicant is also aggrieved with the non-payment of salary for

the period from 26.06.2005 to 2.2.2007 during which the applicant

was waiting for suitable alternative equivalent grade and post after

being medically decategorised and was placed against supernumerary

post. He was allowed suitable alternative post as Helper Khalasi

suitable to his medical fitness against which he joined on 03.02.2007.

The applicant has contended while holding supernumerary post, the

applicant was not assigned any specific duty suitable to his medical

fitness. The applicant has also contended that payment of

productivity link bonus for the period from 15.6.2005 to 2.2.2007

was not paid to the applicant of the period of supernumerary post.

4. We have heard learned counsel for the parties and perused the

records.

5. Learned counsel for the applicant submitted that the applicant

was working as Senior Trackman in the pay scale of Rs 2750-4400

under Section Engineer (P. Way) N C Railway, Churk and he was

medically decategorised from the post of Trackman and declared

unfit for medical category B-one but fit in B-two and below with

glasses on 27.08.2002. Subsequently, the applicant was asked to

perform duties other than track duties. The applicant had been kept

w