Reserved on 12.02.2026 Central Administrative Tribunal, Allahabad Bench, Allahabad This the 16 th day of February, 2026 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Original Application No. 761 of 2015 Umesh Chand Shukla S/o Sri Madhav Ram Shukla, retired AC Fitter Grade I, N.E, Railway, in the office of ADEE / NER, Gorakhpur R/o Shahpur, Geeta Vatika, Gorakhpur.

……….. APPLICANT By Advocate: Shri M.K. Upadhyay Versus

1. Union of India through General Manager, North Eastern Railway, Gorakhpur.

2. Assistant Divisional Railway Manager, North East Railway, Lucknow.

3. Sr. Divisional Electrical Engineer (Genl.), North Eastern Railway, Lucknow.

4. Divisional Electrical Engineer (Genl.), North Eastern Railway, Gorakhpur.

5. Assistant Divisional Engineer (Genl.), North Eastern Railway, Gorakhpur.

.………RESPONDENTS By Advocate: Shri Anil Kumar ORDER (By Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri M K Upadhyay, learned counsel for the applicant and Shri Anil Kumar, 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 summon the original records relating to the disciplinary proceeding and pass a writ, order or direction in the nature of certiorari quashing and setting aside the impugned appellate order dated 12.06.2013 passed by Sr. Divisional Electrical / Genl., N.E. Railway, Lucknow. (Annexure A-1), order dated 15.07.2013 along with letter dated 5.7.2013 passed by DRM (A-2), letters dated 23.10.2013 and 26.11.2013 passed by Sr. DEE (G) NER Lucknow (Annexure A-3 and Annexure A-4 respectively) and allow all consequential benefits which would arise on quashing and setting aside the above impugned orders as if no penalty were ever imposed on the applicant.

(ii) To issue a writ, order or direction in the nature of mandamus granting all the consequential reliefs including revision of pay and pension and other pensionary benefits to which the petitioner is entitled for on setting the impugned orders with its arrears with

12% compound interest.

(iii) To issue any other writ, order or direction which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) To award the cost.”

3. The brief facts of the case as narrated in the OA are that the applicant was earlier working in the respondents’ department as Air Conditioned Coach Incharge in scale of Rs. 4000-6000/-. Despite working overtime, no overtime allowance was paid to him and thus, he approached before the Tribunal by way of OA No 513 of 1993 which was decided by the Tribunal vide order dated 24.05.2001. The OA contends that despite the order of the Tribunal, the respondents did not pay overtime allowance to the applicant and instead inflicting animosity against the applicant, the respondent no 3 stopped assigning work to him. The applicant was not allowed duty w.e.f. 17.03.2003 to which applicant submitted many representations but for no avail. The applicant has further alleged that on 14/24.04.2003, the Assistant Divisional Electrical Engineer, NE Railway, Gorakhpur issued major penalty charge sheet dated 14/24.04.2003 alleging therein that the applicant was sent to his office along with letter dated 18.03.2003 but the petitioner did not produce that letter and he remained unauthorisedly absent from 18.03.2003 to 14.04.2003 and thus committed misconduct. Inquiry was conducted and applicant has alleged that during the inquiry, he was forced to write a letter dated 07.05.2003 to admit his guilt and since he had no other option and wanted to join duty, under compelling circumstances, he wrote the letter. Vide order dated 06.11.2003, punishment of removal from service was imposed upon the applicant. Subsequently, the applicant preferred an appeal but since the same was not considered by the respondents, the applicant approached before the Tribunal by way