SHRI SUBRATA MAZUMDAR vs N.F.RAILWAY

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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH


Original Application No. 40/328/2025


th
Date of Order: This, the 29 day of September, 2026



Coram:-

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICAL MEMBER
HON’BLE MS. MALLIKA ARYA, ADMINISTRATIVE MEMBER


Between

1. Shri Subrata Majumdar,(P/man-B/LKA)
Emp No. – 124N0401359
Aged about 43 years,
DOA:- 05/01/2012
S/O- Rajesh Mazumder,
Permanent resident of Ward No.5,
Lanka (Mb), Hojai, P.O. and P.S.-Lumding,
District.—Hojai, Assam, PIN-782446.

2. Shri Sujit Ghosh, (P/man-B/MYD)
Emp No. - 12404277612
Aged about 43 years,
DOA: 29/11/2005, S/o. Biswanath Ghosh
Permanent resident of Notun Bazar,
Opposite Inspection Banglow, Hojai,
P.O. and P.S.-Lumding,
District.- Hojai, Assam, PIN No.- 782435.

3. Bapan Balmikir (P/MAN-A/MYD),
Emp. No. 124N0401035
Aged about 34 years,
DOA: 07/04/2011
S/o- Late Krishna Balmiki,
Permanent resident of: Gandhi Colony,
Lumding, P.O. and P.S.-Hojai,
District.- Hojai, Assam, Pin No.-782435.

O.A. No. 40/328/2025
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KUMAR
KUMAR

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4. Anirban Das (P/MAN-B/TTLA),
Emp No. 124N0401078
Aged about 31 years,
DOA: 08/04/2011
S/o. Late Kushal Kr. Das,
Permanent resident of: New Guwahati,
Bamuni Maidam Railway Colony,
Qtr No. 616/A, Assam,
PIN No.- 781021.

5. Krishna Chandra Maurya, (P/MAN-B/HJI),
Emp No. 12329802930.
Aged about 26 years, DOA: 26/11/2029
S/O.- Sri Naurang Kushvaha,
Permanent resident of: Village
and P.O-Hetampur,
District: Chandauli, State- Uttar Pradesh,
PIN- 232106.

6. Ranit Kumar Saha (P-MAN-B/CNE),
Emp No. 12329802854
Aged about- 29 years, DOA: 13/11/2019
S/o- AchchebarSaha,
Permanent resident of: Village Alampur,
P.O.- Shibajinagar, P.S.-Gazole,
District.- Malda, State- West Bengal,
Pin No.- 732124.

7. Subhamay Jana (P/MAN-B/DJA),
Emp No. 12329802861
Aged about-32 years,
DOA: 13/11/2019,
S/o- Subhas Jana,
Permanent resident of: Vill-Memari,
P.O & P.S.- Memari,
District.- Purbabarddhaman, Assam,
Pin No.- 713146.

8. Rup Kumar Biswas (MS-PTR/AJRE),
Emp No. — 124A0400214,
Aged about 44 years, DOA: 05/03/2013
S/O. — Jagannath Biswas,
Permanent resident of: NakholaJyotikuchi,
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P.O- Jagiroad, P.S.-Jagiroad,
District.- Morigaon, Assam, PIN No.-782410.

9. Arup Deka, (MS/G-MAN/CPK),
Emp No. 12404279141
Aged about 44 years,
DOA: 05/12/2005
S/O.- Golap Deka,
Permanent resident of: Nakhola Gaon,
P.O-Jagiroad, P.S.-Jagiroad,
District.-Morigaon, Assam, PIN No.- 782410.

10. Dipnarayan Paswan (P-MAN ‘A’/MYD)
Emp No. 124N0402640
Aged about 45 years, DOA: 25/02/2014
S/O.- Mahendra Paswan,
Permanent resident of: Village Makia,
P.O.-Bishanpur, P.S.-Beni Patty
District- Madhubani, Bihar,
PIN No.- 847102.

11. Pankaj Shill, (P-Man‘B'/CPK)
Emp No. 12429800888
Aged about 36 years,
DOA: 23/12/2016
S/O.-Ranjit Shill,
Permanent resident of: Chaparmukh
Railway Babu Colony, Qtr. No. T. 19A,
P.O.-Chaparmukh, P.S.-Chapamiukh,
District.-Nagaon, Assam, Pin No-782425.

12. Nepal Seal (P/MAN ‘A’/JGJN),
Emp No. 12404277697
Aged about 47 years,
DOA: 02/12/2005
S/O.- Late Subodh Ch. Seal,
Permanent resident of Village
Dakhin Golaghatia Bosti,
P.O & P.S-Hojai, District.-Hojai,
Assam, Pin No.- 782435.

13. Dilip Ch. Sarkar (P-MAN-A/HJI),
Emp No. - 12404234881
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Aged about 43 years, DOA: 20/ l l/2000
S/o.- Late Gwijendr Ch. Sarkar,
Permanent resident of: Vill-Swatal Bosti,
Jugijan, P.O-Hojai, P.S. - Hojai,
District.- Hojai, Assam, Pin No.-782429.

14. Prem Singh Meena (P-Man ‘B’/CPK),
Emp No. - 12329803099
Aged about 25 years,
DOA: 24/07/2020, S/O.-Nanhori,
Permanent resident of: Todupura,
P.O- Todupura, P.S.—ShriMahaveerji
District.-Karauli, Rajasthan, PIN No.- 322234.

15. Digeswar Bordoloi (P-MAN ‘A’/CPK)
Emp No. – 124N0401574
Aged about 46 years, DOA: 05/07/2012
S/O.- Hiteswar Bordoloi
Permanent resident of: Vill.-Dhalthapara,
P.O.-Dandua, P.S.-Morigaon,
District.– Morigaon, State- Assam, PIN No- 782104.

16. Sumit Kumar Mitra (G-man Multi/SCL)
Emp No. 12404238096
Aged about 46 years,
DOA: 01/02/2002
S/o- Sujit Mitra
Permanent resident of: Hill Colony
Badarpur, P.O.-Badarpur, P.S. –Badarpur,
District-Karimganj, Assam, PIN No.- 788806.

17. Binay Bhusan Paul (P-MAN ‘A’/HWX),
Emp No. 124N0402444
Aged about 41 years, DOA: 05/07/2013
S/o.-Parimal Ch. Paul,
Permanent resident of: Lumding West
Market, P.O.-Hojai, P.S.-Hojai,
District - Hojai, Assam, PIN No.-782447.

18. Santosh Kumar (P/MAN ‘A’/MXR),
Emp No. 124N0403106.
Aged about 31 years, DOA: 10/02/2015
S/O.- Tapeshwar Singh,
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Permanent resident of: Kaithi,
P.O.- Kaithi, P.S.- Chautham,
District- Khagaria, State- Bihar,
PIN No- 851201.

19. Mithu Chandra Saha (P- MAN’A/TGE),
Emp No. 124N0402436
Aged about 40 years,
DOA: 07/07/2013, S/O.- Late SaktiPada Saha
Permanent resident of: Village- Krishna Nagar,
P-O.-Chandrmukh, P.S.-Chandrmukh,
District- Nagaon, Assam, PIN No.- 782425.

20. Rohan Barua (MS-PTR/MYD),
Emp No.12429803016
Aged about 24 years, DOA: 15/01/2022
S/O.- Late TapanBarua, Permanent
resident of: Rly Qt. No. S-1, Loco Colony,
Lumding, P.O.-Lumding, P.S.-Lumding,
District- Hojai, Assam, PIN No.- 782447.

21. Ajit Kumar, (MS-PTR),
Emp No. 124N0402748.
Aged about 42 years, DOA: 11/07/2014
S/O.- Shankar Panday,
Permanent resident of: Bajrangi Nagar,
Keshria Road Chakia, P.O.- Barachakia,
P.S.- Chakia, District- East- Champarn,
State- Bihar, PIN No.- 813203.

22. Mukesh Kr Patel, (P-MAN-A/DSR),
Emp No. 124N0403206
Aged about 36 years,
DOA: 14/05/2015,
S/O.-Suryanarayan Mehta,
Resident of Village- Dhansiri,
P.S. – Dhansiri, District-Karbianglong,
State - Assam, PIN—782470.

23. Prince Kumar, (P-MAN-B/KKET),
Emp No-12329802922,
D.O.A-26/11/2019
Aged about 27 years,
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S/o- Rajkishor Sah,
Permanent resident of: Kamrup Khetri
Rly. Station, P.O. - Khetri, P.S.-Khetri,
District- Kamrup (M), State-Assam,
PIN No.- 782403.

24. Kartik Basumatary, (P-MAN-A/NJN),
Emp No. 124N0400897, Aged about 39 years,
DOA: 16/03/2011, S/O.-Jayanta
Basumatary, Permanent resident
of: Naojan Railway Colony, P.O. - Sarupathar,
P.S.- Sarupathar, District- Golaghat,
State-Assam, PIN-785601.

25. Santosh Kumar, (P-MAN-B/TGE),
Emp No. 12329802908
Aged about 34 years,
DOA: 26/11/2019, S/o.- Jay Praksh
Rauth, Permanent resident of: Loco
Bazar Patherdih Dhanbad, Jharkhand,
P.O. - Loco Bazar, P.S.- Loco Bazar,
District- Dhanbad, State-Jharkhand, PIN- 828119.

26. Raushan Kumar, (P-MAN-B/SQF),
Emp No. 124A0400752,
Aged about 32 years, DOA: 28/06/2014
S/o.-Akhileswari Sinha,
Permanent resident of: Balaji Nagar Road
No. 2, Cotton Mill Chtki Nawada Gaya,
P.O.- Railway Station, District-Gaya,
State- Bihar, PIN No.- 823002.

27. Sujit Dey, (P/MAN-A/DLDE),
Emp No. 124N0401510
Aged about 32 years,
DOA : 21/03/2012
S/o.- Vijay Kumar Dey,
Permanent resident of: Sani Mandir Road,
Near Kali Mandir, P.O.-Haiborgaon,
District- Nagaon, State- Assam, PIN No.-782002.

28. Santosh Kumar Mehta, (P/MAN-A’ HLX),
Emp No. 124N0403174
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Aged about 40 years, DOA: 20/04/2015
S/o.- Jay Narayan Mehta,
Permanent resident of Village- Kainjara,
P.O.-Rajeshwari,
District- Supaul, State- Bihar,
PIN No.—852214.

29. Biplob Sarkar, (P/MAN-A/HJI),
Emp No. 124N0403113,
Aged about 30 years, DOA: 05/12/2014,
S/o.-Pran Krishna Sarkar,
Permanent resident of Village Sowtal Basti,
P.O.-Jugujan, P.S.-Jugijan, District-
Hojai, State- Assam. PIN No. – 722429.

30. Pappu Mahato, (P/MAN-A/HTL),
Emp No. 124N0401048, Aged about 24
years, DOA: 11/06/2011,
S/O.-Ramakanta Mahato,
Permanent resident of: Hatikhali Rly
Station, P.O.-Hatikhali, P.S. Hatikhali,
District- DimaHasao, PIN No.-988832.

31. Sanjay Rajak, (P/MAN-B, LGT),
Emp No. 124A0400798 Aged about 47
years, DOA : 01/10/2014, S/O.-Late Ram
Rajak, Permanent resident of
Vill- Mahagama, P.O.-Bujurg,
P.S.- Rajaun, District- Banka,
State- Bihar, PIN No.-813105.

32. Raj Kumar, (P-MAN/B/DLDE),
Emp No.-12329802904,
Aged about 27 years,
DOA: 26/11/2019,
S/O.-Lalji Mahato,
Permanent resident of
Vill- East Nand Goal Malsalmi Patna City,
P.O.-Madhav Mills, P.S. Malsalami,
District- Patna, State- Bihar, Pin No.- 800008.

33. Atish Bhushan Bharati, (P/MAN- A/DSR)
Emp No. 124N0403077
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Aged about 40 years,
DOA: 22/01/2015
S/o.-Upendra Prasad Yadav,
Resident of Village- Jay Krishnapur Katha,
P.O.-Baneli, P.S.- S K Nagar,
District- Purnea, State- Bihar, PIN No.- 854210.

34. Serajul Hajam, (P-MAN-B/NJN),
Emp No. 12429804161,
Aged about 25 years, DOA: 06/07/2023
S/O.-Firoj Hajam,
Permanent resident of Village - Parasi,
P.O.-Unwas, P.S.- Itarhi, District- Buxar, State-
Bihar, PIN No.- 802123.

35 Santosh Chaudhary, (P/MAN-A/MUPA),
Emp No. 124N0403128.
Aged about 41 years, DOA: 23/01/2015
S/O.- Siddheswar Chaudhary,
Permanent resident of Village - Bhawanandpur,
P.O.-Panapur, P.S.- Birpur,
District- Begusarai, State- Bihar, PIN No.-
851127.

36. Bipra Biswas, (P-MAN-A/HTL),
Emp No. 124N0403114,
Aged about 47 years, DOA: 28/01/2015,
S/o.-Bishweshwar Biswas, Permanent resident
of Village - Milan Nagar, P.O.- Bagula, District-
Nadia, State- West Bengal, PIN No.- 741502.


.....Applicants


[By Advocate: Mr. N.K. Murry, Mr. Debashish Sur,
Mr. J. Ahmed, Ms. S. Das]


-AND-

1. The Union of India,
through the General Manager,
North East Frontier Railway
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Maligaon, Guwahati, Assam, Pin No.-781011.

2. The Divisional Railway Manager
North East Frontier Lumding Division,
Lumding, Assam, Pin No-782447.

3. The Senior Divisional Personal Officer,
NF Railway Lumding Division,
Lumding, Assam, Pin No—782447.

....Respondents


[By Advocate: Mr. A. Kundu, Addl. CGSC ]

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ORDER(Oral)
PER R.S. DOGRA, MEMBER (J):
The instant OA has been filed by the applicants
praying for the following relief(s):–
8.1. Direct the Respondents Authority to
cancel/recall/forbear/modify the Impugned
Notification issued in the year 2011 and 28.03.2019.
Vide Annexure 2 and 2 (A) and all other such
subsequent Notification(s)/Order(s) and/or pass 8
hours duty in a day and/or further directed the
Respondents to pay over-time allowances to the
Applicants for the service rendered beyond 8 hours a
day, from their respective date of Joining. It is further
prayed to direct the respondents to pay pending over
time allowances to all the Applicants admissible to
them for the service rendered 8 hours a day; and
8.2. The said direction to be complied by the
Respondents within 2 months from the date of receipt
of the certified copy of the order, failing which the
Applicant shall also be entitled to interest @ 6% till the
date of actual payment beyond 8 hours since joining
and further in future, in view of the Service Rules of the
Railway Department, the Applicants are entitled
accordingly the declared findings of the High Court and
other Court was that the Respondents can direct them
to work for 8 hours beyond that the Respondents are
liable to pay overtime. The direction may given by this
Hon'ble Tribunal in Order that the Respondent would
be paid overtime allowance over and above the works 8
hours to be complied with and henceforth Applicants
has been rightly raised the issue for their bonafide
duties as per the service rules of the Department
including overtime allowances.
8.3 To further consider the representations preferred
by the Applicants from time to time any other order(s)
or direction(s) as to this Hon'ble Tribunal may deem fit
and proper in the facts and circumstances of the case.
8.4 Passed any other relief(s) as this Hon'ble Tribunal
may deem fit and proper as prayed for in the aforesaid
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ground stated in paragraph 5 and facts and
circumstances of the case in the greater interest of
justice.

2. The facts of the case are that the Applicants are
working under the Post of Work Man, Lineman etc. and such
other various posts in the surrounding Northeast Region,
Lumding Division at Lumding. They are daily performing
their duties without any short break and without any over
time allowances by treating them as essentially “intermittent
category". It may be pertinent to state that all the Applicants
have been working under the Respondents’ Railway
Authorities by holding different posts/designations such as
Gateman, Pointsman, Gate Keeper, etc. since their respective
date of appointment. That it is further pertinent to
mentioned herein that all Applicants were appointed for past
many years and continuously discharging their assigned
duties to the fullest satisfaction of the authority concerned.
The Railway authorities however engaged all the Applicants
to work more than 8 hours of work and never paid over time
allowance of extra four hours of work vide Hours of Duty
Roster issued in the Year 2011, 28.03.2019(Annexure-2 and
2 A). All the Applicants are aggrieved by the same and similar
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nature of grievances arising out of common cause of action
of the Respondents’ Railway Authorities impugned
Order/Rosters/Notifications issued by the N.F. Railway
Department from time to time including Hours of Duty
Roster issued in the year 2011, 28.03.2019 etc. and pray for
declaring to the effect that the action of the Respondents
preparing 12 hours per day/75 hours weekly roaster for the
Applicants who are working as Sr. Track Man/ Track Man
and others post is illegal, arbitrary, against the Rules. Hence
this Application.

3. However, at this stage, learned counsel for the
applicants has stated that applicants would make a fresh
representation before the Respondents’ Department for
redressal of their grievances. Therefore, respondents be
directed to treat this OA as representation along with the
fresh representation, and pass a reasoned order within a
stipulated time frame.

4. Learned Addl. CGSC for the respondents has no
objection to the aforesaid proposition.
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5. In view of the above, applicants are directed to make
fresh representations before the Respondents’ Department.
Thereafter, respondents are directed to treat this OA as a
representation along with fresh representation of the
applicants and decide the applicants’ cases by passing a
reasoned and speaking order thereof, and communicate their
decision to the applicants within a period of six weeks from
the date of receipt of a copy of this Order.

6. With the above directions, the instant OA stands
disposed of. Pending M.A.(s), if any, also stand disposed of.

7. If the applicants are still aggrieved, liberty is given to
the applicants to file a fresh application.





(MALLIKA ARYA) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)


/SK/

O.A. No. 40/328/2025
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SOURABH
by SOURABH
KUMAR
KUMAR