CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/00302/2023 Heard on 27.11.2025 Date of order: 11.12.2025 Present : Hon’ble Mr. Anindo Majumdar, Administrative Member Abdul Motin, Son of Late Abdul Malek, aged about 62 years, Ex-Sr. Section Engineer (C & W), Sealdah Division, Eastern Railway, Sealdah, Kolkata - 700014, residing at No.8/1, Raicharan Pal Lane, Imperial Park Apartment, Flat No.6D, Kolkata - 700046.

…….. Applicant. - V E R S U S –

1. Union of India, service through the General Manager, Eastern Railway, 17, N.S. Road, Kolkata - 700001

2. The Financial Adviser & Chief Accounts Officer (Pension) Eastern Railway, 17, N.S. Road, Kolkata - 700001.

3. The Senior Divisional Personnel Officer, Sealdah, Eastern Railway, Kolkata - 700014.

4. The Divisional Railway Manager, Sealdah Division, Eastern Railway, Seladah, Kolkata -

700014.

5. The Senior Divisional Mechanical Engineer, Sealdah Division, Eastern Railway, Sealdah, Kolkata - 700014.

6. The Senior Divisional Finance Manager, Sealdah Division, Eastern Railway, Sealdah, Kolkata - 700014. ……. Respondents.

For the Applicant : Mr. C. Misra, Counsel For the Respondents : Ms. D. Nag, Counsel O R D E R In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.

2. The applicant has filed this Original Application, seeking the following relief(s):

“a) To direct the respondents their servants, agents and/or employees and each one of them to recall and/or revoke the impugned speaking order dated 26.10.2022 passed by the respondent no.3 herein communicated vide E-8/C & W/Promotion & Posting dated 20.01.2023 particularly the last portion of the said impugned order as in Annexure A-11 to this application.

b) To direct the respondents, their men, agents, employees and each one of them to refund the sum of Rs.3,37,000/- with accrued Bank interest @ 10% per annum over the said recover amount, within a specified time.

c) To direct the respondents their servants, agents and employees and each one of them to calculate and grant the Financial upgradation from the initial date of joining by inclusion of 2 years training period and to revise the pay of your applicant by granting 2 years monetary benefits including the interest thereof within a stipulated time.

d) To direct the respondents to certify and transmit all relevant records of this case before this Learned Tribunal so that conscionable justice may be administered by quashing the last portion of the impugned order.

e) Pas such further or other order/orders, direction/directions as to this Learned Tribunal, may deem fit and proper.”

3. The applicant had earlier filed an Original Application being O.A. No. 350/1853/2021 which was disposed of by this Tribunal, vide order dated 19.07.2022 (Annexure A-9). An extract of the order of the Tribunal in the earlier round of litigation i.e. O.A. No. 350/1853/2021 is reproduced below:

“6. Since there are innumerable communications between the Railway officers about the entitlement of the applicant to retain the benefits that have been calculated long back and benefits whereof in terms of the said provisions and revised pay rules but the applicant has not sought benefits in the in terms of the clarification circular dated 26.06 2022, the O.A is disposed of with liberty to the applicant to prefer a comprehensive representation seeking consideration in terms of the said clarification supra for grant of appropriate benefits so that the respondents decides whether to give back the recovered amount treating the case as one wherein no option was required within the stipulated time to have elected to be governed by the revised pay rules w.e.f 01.01.2006, within a period of 4 weeks from the date of receipt of a copy of this order.

Once s