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Tribunals and CommissionsDivision Bench(2019) 05 CAT CK 0009

Rameshwar Paswan vs Union Of India through

Central Administrative Tribunal · Decided on 2 May 2019

HON’BLE JUDGES
V. Ajay Kumar, J · Nita Chowdhury, J
RESULT
Disposed Off
CASE NUMBER
Original Application No. 758, 759 Of 2015

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Judgment

6 paragraphs · 340 words

V. Ajay Kumar, J

1.

When theses OAs are taken up for hearing, it is brought to our notice by Mr. Awadhesh Kumar, learned counsel for the applicants, that identical OAs, i.e., OA No. 1157/2015 with OA No. 1802/2014 in Rajiv Gupta & Ors. Vs. Govt. of India & Ors., which were filed, challenging the very same impugned order dated 25.07.2013 were disposed of by this Tribunal by a common order dated 02.06.2016 as under:-

"7. We have heard the counsel for the both sides. Through letter dated 07.09.2013 the Railway Board has now clarified that cases of honorarium relating to period prior to 25.07.2013 are not to be reopened and, therefore, this takes care of the grievance of the applicant in OA No. 1157/15. However, letter dated 07.09.2013 uses the word "sanctioned". Therefore, the applicants case in OA No. 1802/2014 does not get covered by this circular because though the bills claiming honorarium were presented by the applicants they had not been "sanctioned" prior to 25.07.2013. Therefore, the honorarium not being "sanctioned" is result of failure on behalf of the respondents but because of this the respondents are depriving them of the higher rates and applying letter dated 25.072013.

8.

We are, therefore, of the opinion that claim of these applicants for period to 25.07.2013 also be disposed of in accordance with the rate applicable w.e.f. 01.07.2009 and to that extent circular dated 07.09.2013 will stand modified i.e. honorarium due prior to 25.07.2013 will be sanctioned as per rates effective from 01.07.2009.

9.

The OA is disposed of with the above directions. The respondents shall examine claim for honorarium of the applicants as per our directions above and pass a final order within a period of two months from the date of passing of this order."

2.

In the circumstances, the instant OAs are disposed of in terms of the above referred judgment of this Tribunal in Rajiv Gupta & Ors. Vs. Govt. of India & Ors. in OA No. 1157/2015 with OA No. 1802/2014 dated 02.06.2016. No costs.