CENTRAL ADMINISTRATIVE TRIBUNAL
Rakesh Kumar Shivani – Appellant
Versus
Upendra Chand Joshi General Manager N C Rly Prayagraj. – Respondent
C.P./343/2024
(Reserved on 23.02.2026)
Central Administrative Tribunal, Allahabad Bench, Allahabad th This the 25 day of February, 2026 Hon’ble Mr. Justice Om Prakash VII, Member (J)
Hon’ble Mr. Mohan Pyare, Member (A)
Civil Contempt Application No. 343 of 2024 Arising out of Original Application No. 764 of 2013
1. Rakesh Kumar Shivani, aged about 66 years, S/o Late Ram Krishan Shivani, R/o 399 Nanak Ganj, Sipri Bazar Jhansi, Retired as Mail Express Guard from North Central Railway, Jhansi.
2. Rakesh Kumar Baronia aged about 66 years, S/o Late Bhaskaranand Baronia, R/o 43 Raj Ganj Sipri Bazar Jhansi, Retired as Mail Express Express Guard from North Central Railway, Jhansi.
3. Aroon Kumar Saxena, aged about 71 years, S/0 Late Krishna Swaroop Saxena, R/0,84 Panna Lal, Jhansi City Jhansi, Retired as Mail Express Guard from North Central Railway, Jhansi.
4. Ajay Amar, aged about 68 years, S/o Late R.B. Nigam R/o 126/504 Block Govind Nagar, Kanpur, Retired as Mail Express Guard from North Central Railway, Jhansi.
5. Pradeep Kumar Mathur, aged about 69 years, S/o Late Ram Swaroop Mathur, R/o 17 Warren Gunj, Sipri Bazar Jhansi, Retired as Mail Express Guard from North Central Railway, Jhansi.
6. Narendra Kumar Awasthi, aged about 70 years, S/o Late Shambhu Dayal Awasthi, R/o 335 Nanak Gunj, Sipri Bazar, Jhansi, Retired as Mail Express Guard from North Central Railway, Jhansi.
7. Rakesh Kumar Saxena, aged about 66 years, S/o Late Basant Kishore Saxena, R/o.142 Nanak Gunj Sipri Bazar, Jhansi, Retired as Mail Express Guard from North Central Railway, Jhansi.
8. Ajit Kumar Saxena, aged about 70 years, S/o Late Shri Bhagwan Prasad Saxena, R/o B-16, Ras Bahar Colony, Nandapura, Jhansi, Retired as Mail Express Guard, from North Central Railway, Jhansi.
9. Mukesh Kumar Dubey, aged about 66 years, S/o Late P.S.J. Rao, R/o
447F Siddeshwar Nagar, I.T.Ι. Sipri Bazar, Jhansi. Retired as Guard, from North Central Railway, Jhansi ...………..Petitioners By Advocate: Shri Jaswant Singh Versus
1. Upendra Chand Joshi, General Manager North Central Railway, Prayagraj.
2. Satish Kumar, Chairman, Railway Board Ministry of Railways, Government of India, New Delhi.
3. Deepak Kumar Sinha, Divisional Railway Manager, North Central Railway, Jhansi Division, Jhansi.
4. Brijesh Kumar Chaturvedi, Senior Divisional Personnel Officer, North Central Railway, Jhansi Division, Jhansi. .………Contemnors / Opposite Parties By Advocate: Shri Bashist Tiwari ORDER (Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (J)
1. Shri Jaswant Singh, learned counsel for the petitioners and Shri Bashist Tiwari, learned counsel for the respondents, are present and heard.
2. The instant contempt petition vide no. 343 of 2024 was filed by the petitioners alleging willful disobedience and non-compliance of the order dated 15.11.2018 passed by this Tribunal in Original Application No. 764 of 2013 and connected matters.
3. At the outset, learned counsel for the respondents states that the directions given in the subject OA have been substantially complied with by the respondents. To substantiate this argument, learned counsel for the respondents also referred to the compliance affidavit and further argued that proceedings of the present Contempt Petition be closed and notices be discharged. Learned counsel has also placed reliance upon the judgment dated 11.09.1996 passed by the Hon’ble Supreme Court of India in Civil Appeal Nos. 12494-96 of 1996 titled J S Parihar Vs Ganpat Duggar And Others.
4. Learned counsel for the petitioner stated that the present contempt petition has been filed only by 09 applicants from the subject OA. Out of them, for three persons namely, Aroon Kumar Saxena, Ajay Amar and Ajit Kumar Saxena, the direction given in the OA has not been complied with and in respect of all others, the direction given in the OA have been complied with. Although PPOs have been issued but arrear from 01.01.2016 has not been paid. That, it shall be presumed that the direction given in the OA has not been complied with.
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