CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, CAMP AT NAGPUR.

Dated this Wednesday the 17th day of December, 2025.

Coram:Hon’ble Mr.Shri Krishna, Member (Administrative)

Hon’ble Mr.Umesh Gajankush, Member (Judicial).

Rohit Prasad Sahu, aged about 54 years, Working on the post of O.S. in CCCOR Office, Central Railway, Nagpur, Resident of 16, Shivam Kunj, Barde Nagar, Borgaon, Nagpur – 440 013. ..Applicant.

( By Advocate Shri B. Lahiri )

Versus

1. Union of India, through The General Manager, Central Railway, CST, Mumbai – 400 001.

Mil A an lp h Ja a c n k s s o on DDP3P6MRLDF 0b oo ho iN ea i g l f7 cx osaat 7: eai c t tn ns t d aC a : 9 to e Pi 9 l lJo2 = 2C n =y 1 D an0 6 I : o N9 c s :2F 9I d c k i, 5 f g a e8es R O . n m = 1 o 41 e e= 2 4n0 a dP t. 0 e h d1 A 1 ed1 b e e8 l2 r7 p y r s a1 0 f8 h o V M u5 3ba n5 e t: ,d i nh lae r a S9s s o2 l7 n, o4= i r : b o O 3 cM J o c n1 7 aI f 5 : a D 6 + c t 6 2 h h3 0 .k 0 2 a i8 5 s s 3 2 r0 ' o5 34 d6 n 0 sd4 . o9 h ' f A c 91 6 t 0 u l r6e p5 a m 14 h= , 08 a e 0 S80 n n 8 E32 s t 1 Rb o581I a A78 1 L69 0 N8a ea4U fcd0M 1a5 8 Be7 458E 8 bR 48d= c2930 6 fd f89 7f205 dd7 41c c 83f b 9d8 64b bf0a 1 b 51f 8d6 bc,4 , , CN= 2. Divisional Railway Manager (P), Central Railway, Kingway, Nagpur – 440 001.

3. Divisional Personnel Officer, Central Railway, Kingsway, Nagpur – 440 001.

( By Advocate Shri N.P. Lambat ).

Order reserved on : 26.11.2025 Order pronounced on : 17.12.2025 O R D E R Per : Umesh Gajankush, Member (J)

The present O.A. has been filed by the applicant seeking the following reliefs:-

“(a) Quash and set aside the order dated 24.12.2018 issued by respondent no.3 (Annex.A1) and in the same order direct the respondents to fix the pay of the applicant on the date of his absorption in alternate post as proposed in para 4.11 above with all consequential benefits flowing therefrom;

(b) Grant any other relief deemed fit and proper in the facts and circumstances of the case including costs.”

2. Brief facts of the case are that the applicant was appointed in the Railway Service on 05.07.2004 on the post of Goods Guard in Pay Band of Rs.9300-34800 + Grade Pay of Rs.4200/- and was subsequently promoted to the post of Sr.

Mil A an lp h Ja a c n k s s o on DDP3P6MRLDF 0b oo ho iN ea i g l f7 cx osaat 7: eai c t tn ns t d aC a : 9 to e Pi 9 l lJo2 = 2C n =y 1 D an0 6 I : o N9 c s :2F 9I d c k i, 5 f g a e8es R O . n m = 1 o 41 e e= 2 4n0 a dP t. 0 e h d1 A 1 ed1 b e e8 l2 r7 p y r s a1 0 f8 h o V M u5 3ba n5 e t: ,d i nh lae r a S9s s o2 l7 n, o4= i r : b o O 3 cM J o c n1 7 aI f 5 : a D 6 + c t 6 2 h h3 0 .k 0 2 a i8 5 s s 3 2 r0 ' o5 34 d6 n 0 sd4 . o9 h ' f A c 91 6 t 0 u l r6e p5 a m 14 h= , 08 a e 0 S80 n n 8 E32 s t 1 Rb o581I a A78 1 L69 0 N8a ea4U fcd0M 1a5 8 Be7 458E 8 bR 48d= c2930 6 fd f89 7f205 dd7 41c c 83f b 9d8 64b bf0a 1 b 51f 8d6 bc,4 , , CN= Goods Guard. During the course of duty as Sr. Goods Guard, the applicant met with a train accident on 16.01.2015 as a result of which his left leg was amputated below knee. Consequently, the applicant was medically decategorized i.e. unfit for the post of Goods Guard but suitable for alternative post vide order dated 13.08.2015 passed by the Medical Department of Central Railway, Nagpur. Subsequently, the applicant was absorbed in alternative category of Office Superintendent vide order dated 28.12.2015 passed by Respondent No.2.

2.1. It is submitted that accordingly he was posted in the office of CCCOR, Nagpur vide order dated 02.01.2016 and joined his duties on 04.01.2016. It is stated that the applicant was placed on supernumerary post from the date of his medically decategorization till the date of his posting on alternative post of Office Superintendent. It is further submitted that the Ernakulam Bench of the CAT, in its order dated 01.10.2014 in O.A.180/00272/2014 in case of K.S. Gopalakrishnan Vs. Union of India & others, categorically held that so long as the applicant was on supernumerary post, Mil A an lp h Ja a c n k s s o on DDP3P6MRLDF