VIRENDRA PRATAP SINGH vs UPENDRA CHAND JOSHI, GENERAL MANAGER NCR PRAYAGRAJ & OTHERS

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Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD .
th
(This the 14 day of October, 2026)

CP No.175/2024 in O.A. No.1611/2013

Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)
Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)
1. Virendra Pratap Singh, aged about 70 years, S/o Late Ram Saran Singh
R/o 61D/9A/2A Ram Chand Puram Salori, Prayagraj. Retired as Mail
Guard from North Central Railway Prayagraj.

2. Sumer, aged about 67 years, S/o Shri Sarju Prasad, R/o 706 on 7th
Floor, Pushp Court Built over Najul Muir Road Prayagraj, 211001
Retired as Mail Guard from North Central Railway Prayagraj.

3. Banshi Dhar Mishra, aged about 70 years, S/o Late Heramba Mishra,
R/o 1159/1003 Malviya Nagar Prayagraj, Retired as Mail Guard from
North Central Railway Prayagraj.

4. Vinod Kumar Kesharwani, aged about 65 years, S/o Late Mishri Lal
Gupta, R/o 144/7 Nav Durga Apartment, George Town Prayagraj,
Retired as Mail Guard from North Central Railway Prayagraj.

5. Heera Lal, aged about 68 years, S/o Late Kamta Prasad, R/o 21/96/1A
Krishna Oil Mill Kaladanda Himmat Ganj, Prayagraj, Retired as Mail
Express Guard from North Central Railway Prayagraj.

6. Shri Narayan Shukla, aged about 67 years, S/o Late RP.Shukla, R/o
Village and Post Khiri Leriyari Koraon, Prayagraj, Retired as Mail Guard
from Noe Central Railway Prayagraj.

7. P.N. Pandey Singh, aged about 67 years, S/o B.D. Pandey, R/o
128/2M/88M, Brajdhan Sanik Colony, Bhola ka purwa, Dhoomangaj,
Prayagraj. Retired as Mail Guard from North Central Railway Prayagraj.

8. Basant Kumar Singh, aged about 69 years, S/o Late Udai Prakash
Singh, R/o saha urf Pipal Gaon Green Valley Jhalwa, Prayagraj. Retired
as Mail Guard from North Central Railway Prayagraj.
Neelam Kumari Singh

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9. J.P. Siddiqui aged about 64 years, S/o Late Riazul Haq, R/o 39P/3B
Gaus Nagar, Kereli P.O.G.T.B Nagar Prayagraj, Retired as Mail Guard
from North Central Railway Prayagraj.

10. A.K. Srivastava aged about 66 years S/o Shri Rama Shanker
Srivastava, R/o 395/99C, Beniganj, North Prayagraj, Retired as Mail
Guard from Cenral Railway, Prayagraj.

…..Applicants

By Advocate: Shri Jaswant Singh

V E R S U S

1. Upendra Chand Joshi, General Manager, North Central Railway,
Prayagraj.

2. Jaya Varma Sinha, Chairman, Railway Board Ministry of Railways,
Government of India, New Delhi.

3. Hiransu Badoni, Divisional Railway Manager, North Central Railway,
Prayagraj.

4. Manish Kumar Khare, Senior Divisional Personnel Officer, North Central
Railway, Prayagraj.

. . .Respondents

By Advocate: Shri Anil Kumar

O R D E R
By Hon’ble Mr. Anjani Nandan Sharan, Member (A)
Heard Shri Jaswant Singh, learned counsel for the applicant and Shri
Anil Kumar, learned counsel representing the respondents.

2. The instant Contempt Petition under section 17 of the Administrative
Tribunal Act, 1985 was filed for non-compliance of the order dated
Neelam Kumari Singh

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15.11.2018 passed in O.A. No.331/2015 whereby the following directions
were given:-
“….25. In view of the discussions above the prayer in the
OA to set aside the Railway Board circular dated
13.12.2012 (Annexure A-1) cannot be accepted in view of
the judgment dated 27.3.2018 of Hon'ble Supreme Court
in the case of Union of India and Ors. vs. Mukti Singha in
Civil Appeal No. (s) 3321 of 2018, which is cited by the
learned counsel for the respondents. But as held in the
judgment dated 27.3.2018 of Hon'ble Apex Court, the
benefit of MACP already allowed to the applicants shall
not be recovered from the applicants. Further, following
the judgment dated 19.7.2013 of Hon'ble Allahabad High
Court in the Writ-A No.18244/2013, we direct the
respondents to consider extending the benefit of financial
upgradation of MACP to the applicants who are eligible for
the some, in terms of the aforesaid judgment dated
19.7.2013 and keeping in view the discussions in para 24
above.
26. All the OAs are partly allowed in terms of the
directions in para 25 above. There will be no order as to
costs.”

3. Learned counsel for the applicant submits that the order of this
Tribunal has not yet been complied with.
4. Learned counsel for the respondents states that pursuant to the
aforesaid directions, the respondents have filed a compliance
affidavits/supplementary affidavits on 01.10.2024, 04.01.2024, 17.11.2025
and 16.07.2026. In the supplementary compliance affidavit dated 16.07.2026
they have stated that the admissible MACP benefits, revised pay fixation,
arrears and other consequential retirement benefits have been paid to the
applicants. In support of their claim, the respondents have provided details of
the applicants’ appointments, promotions, pay fixation and grant of second
and third MACP benefits, along with revised Pension Payment Orders
(PPOs), pay fixation statements and due-and-drawn statements as
annexures.
4.1 The respondents had provided the details of the applicant’s
appointments, promotions, pay fixation and benefits granted to the applicants.
Neelam Kumari Singh

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They contend that the revised pay, leave encashment, commutation of
pension and arrears have been duly calculated and paid, wherever
admissible. In support of their submissions, the respondents have provided
the details of the applicant’s pay-fixation statements, revised Pension
Payment Orders (PPOs) and due-and-drawn payment statements. They
further submit that, in certain cases, no further arrears or differential amounts
towards retirement benefits are payable. The respondents submit that all
dues have been fully paid as per the Tribunal’s order, nothing remains
pending, and, therefore, the contempt petition should be dismissed.
5. Learned counsel for the applicant states that the order dated
15.11.2018 passed by this Tribunal has not been fully complied with. In para
3 and 4 of his rebuttal affidavit he submits that the respondents have not
complied with the Tribunal’s order in its true letter and spirit and have failed to
provide proper due-and-drawn statements explaining the calculation of the
admissible benefits. They allege that the pay of applicants, have not been
correctly fixed under the applicable Railway Pay Fixation Rules and MACP
provisions. According to the applicants, the respondents have failed to grant
the correct pay fixation, annual increments and the benefit of the third MACP
wherever applicable. Learned counsel for the applicant request directions for
correct pay fixation, payment of arrears and revision of retirement benefits.
He submits that even the gratuity has not been paid.
6. We have considered the submissions advanced by learned counsel for
the applicant as well as the respondents and perused the compliance
affidavit/Supplementary compliance affidavits and rebuttal affidavits placed on
record.
7. From the record, it is evident that the respondents have filed
supplementary compliance affidavit dated 16.07.2026, wherein it has been
categorically stated that the directions of the Tribunal have been complied by
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issuance of a Pension Payment Order (PPO) on different dates. It is noted
from the PPOs that gratuity has already been paid to the petitioners and
pension had been revised. Revised pay fixation of all the applicants in
compliance of order dated 15.11.2018 of this Tribunal has been provided by
the respondents.
8. In view of the submissions made by learned counsel for the
respondents and the compliance affidavits/supplementary compliance
affidavits placed on record, we are of the considered opinion, that there has
been no willful disobedience of the order dated 15.11.2018 and the
admissible benefits in terms of the order have been extended to the
concerned applicants and the consequential arrears and retiral dues have
been paid. In view of the aforesaid compliance, no further action is warranted
in the present contempt proceedings. Accordingly, the Contempt Petition is
closed and consigned to record. Notices, issued to the respondents stand

discharged.
9. M.A., if any, stand disposed of, accordingly.


(Anjani Nandan Sharan) (Justice Rajiv Joshi)
Member-A Member-J
/ Neelam/
Neelam Kumari Singh