CENTRAL ADMINISTRAT0VE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/01419/2021 Heard on 19.01.2026 Date of order: 19.02.2026 Present : Hon’ble Mr. Anindo Majumdar, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member Sri Mohan Paswan, son of Late Lakhan Paswan, Employed as Crew Controller (now Retired), residing at 61/2 Roy Bahadur Road, P.O. Naihati, Dist. 24 Parganas (North), 743165, West Bengal.

…… 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 Chief Personnel Officer, Eastern Railway, 17, N.S. Road, Kolkata-700001.

3. The Divisional Railway Manager, Eastern Railway, Sealdah Division, Sealdah, Kolkata-

700014.

4. Senior Divisional Personnel Officer, Eastern Railway, Sealdah Division, Sealdah, Kolkata-

700014.

5. Senior Divisional Finance Manager, Eastern Railway, Sealdah Division, Sealdah, Kolkata-

700014.

6. Assistant Personnel Officer, Eastern Railway, Sealdah Division, Sealdah, Kolkata-700014.

……. Respondents.

7. Sri Ashutosh Maity, Employed as Crew Controller under control of Sr. DEE, Sealdah (Now retired).

……. Proforma Respondents.

For the Applicant : Mr. B.P. Manna, Counsel For the Respondents : Ms. P. Goswami, Counsel O R D E R Per: Mr. Anindo Majumdar, Administrative Member:

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):

“a) An order directing the respondents to grant the benefit of stepping up of pay to the applicant at par with his junior Sri Ashutosh Maity to grant him all consequential monetary benefits including refixation of pay in the post of Crew Controller (R) to which posts the applicant has been promoted and also directing the respondents to grant all consequential benefits, including fixation the pension.

b) Considering the representation dated 07.04.2011 and 16^th July, 2019 in respect of junior Shri Ashutosh Maity in light of benefits of judgment in O.A. No. 811 of 2012 dated 01.10.2015 within a time bound manner.

c) An order directing the respondents to produce/cause the production of all relevant records.

d) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

2. Facts of the case:

2.1 The applicant is a retired employee of Eastern Railway and was earlier holding the post of Passenger Driver. The applicant was medically de-categorized and declared unfit for any post involving train working duties, vide letter dated

29.04.2004 (Annexure A-1)

2.2 After being medically de-categorised, the applicant was offered an alternative post of Crew Controller and he was joined the said post in the scale of pay of Rs. 6000-9800. The erstwhile junior of the applicant, namely Shri Kajal Kumar Das was medically de-categorized on 29.08.2010 and was absorbed as Assistant Crew Controller (R) w.e.f. 26.03.2009.

2.3 The applicant had submitted a representation dated 09.11.2009 to the competent respondent authority praying for stepping up of his pay with that of erstwhile junior namely Sri. Kajal Kumar Das. He had submitted a further representation dated 21.04.2010. Thereafter, the applicant had submitted a representation dated 16^th July, 2019 to the Senior Divisional Personnel Officer, Sealdah Division, Eastern Railway (Annexure A-7) praying for extension of the benefit of the order dated 01.10.2015 passed in O.A. No. 811 of 2012 and for stepping up of his pay at par his junior Sri Kajal Kumar Das and Sri Ashutosh Maity. 2.4 The applicant had thereafter filed an Original Application being O.A. No. 350/170/2020 which was disposed of by this Tribunal, vide order dated

13.02.2020 (Annexure A-8) with the following directions:

“5. Accordingly, with the consent of both the parties, we dispose of the OA with a direction upon the concerned Respondent no. 4 or any other competent authority to consider the representation dated 16^th July 2019, and decide the claim of the applicant in the light of the Order dated 08.08.2017 Annexur