ALL INDIA RAILWAY ACCOUNTS STAFF ASSOCIATION THROUGH ITS SECRETARY v. SMT. JAYA VARMA SINHA AND ANR.
CONT.CAS(C)/711/2024 · 2025-02-03
Manoj Jain
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 17018 (DEL) · dailylaw.ai ]
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[ 2025 DAILYLAW 17018 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 711/2024 ALL INDIA RAILWAY ACCOUNTS STAFF ASSOCIATION THROUGH ITS SECRETARY
.....Petitioner Through: Ms. Sumita Hazarika and Mr. Prakhar Gupta, Advs.
versus
SMT. JAYA VARMA SINHA AND ANR. .....Respondent Through: Ms. Pratima N. Lakra, CGSC with Mr. Chandan Prajapati and Mr. Shailendra Kumar Mishra, Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R %
18.07.2025
CM APPL. 42397/2025(for restoration)
1. This application has been filed seeking revival of the contempt proceedings which had been disposed of by this Court vide judgement dated 03rd February 2025. 2. Issue relates to the grant of benefits under the 5th Central Pay Commission (‘5th CPC’) to the Members of All-India Railway Accounts Staff Association (‘Association’). On 18th December 2019 while disposing of W.P.(C) 1523/2016, the Division Bench of this Court set aside the orders of the Central Administrative Tribunal (‘CAT’) dated 15th September 2015 and on 11th December 2015, issued directions in the following terms: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:20:39
3. Thereafter, the matter was appealed before the Supreme Court by way of a Special Leave Petition bearing SLP No.13818/2020 and other connected matters. Said appeal was dismissed by the Supreme Court vide order dated 08th January 2021. 4. Subsequently, an order dated 11th January 2024 was passed in CM No.21148/2022, wherein this Court directed the release of arrears of revised pay-scales granted in terms of 5thCPC recommendations, effectively from 01st January 1996 till 19th February 2003. 5. As per petitioner, respondent, while implementing the judgment of this Court had extended the benefit only to an individual petitioner, and the same was not given to the other members of petitioner/Association.A clarification was then sought by petitioner/Association, pursuant to which the Division Bench of this Court passed a clarificatory order on 11th January 2024, wherein following directions were passed:
“The application is, accordingly, disposed of by clarifying that thebenefit of this Court’sdecision dated 18.12.2019 will This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:20:39
also be extendedto all members of the petitioner no. 1 association who were members ason the date of filing of the O.A. No. 4419/2014.”
6. Accordingly, since there was still no compliance, this Contempt Petition [CONT.CAS(C) 711/2024] was moved and on 03rd February 2025, and following directions were passed:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:20:39
7. Ms. Sumita Hazarika, Counsel appearing on behalf of petitioner/Association, states that after verification, a list has been prepared of about 8,000 people (reduced from what was estimated to be 15,000 earlier). Said list has been given under email dated 07th February 2025 to Ms. Pratima N. Lakra, Counsel for respondent, with a trail mail from Ms. Reji George, the General Secretary of the Association, stating that they have verified the list of members as on 08th December 2014. 8. Ms. Pratima N. Lakra, Counsel for respondent, however, states that she has still not forwarded the list to the Railway Board for the reason that she is not sanguine about the veracity of the members being part of the Association on the said date in 2014. 9. In this regard, Ms. Sumita Hazarika, Counsel for petitioner, points out to paragraph 8 of order dated 03rd February 2025, which is extracted above. 10. It has been now agreed that Ms. Sumita Hazarika, Counsel for This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:20:39
petitioner, shall submit an updated list essentially adding contact details of these 8,000 odd potential beneficiaries and supply the same to Ms. Pratima N. Lakra, Counsel for respondent, within a week, along with an affidavit from Ms. Reji George, General Secretary of AIRASA, confirming that this list only contains persons who were members of the Association as on 08th December
2014. 11. The list, when received by Ms. Pratima N. Lakra, Counsel for respondent, shall be forwarded to the Railway Board within two weeks thereafter. 12.
It will be incumbent upon the Railway Board to then comply with the orders of this Court, which are self-explanatory and have been extracted above for reference. 13. The compliance of the orders of this Court shall be done within 8 weeks, the window being given since there are a large number of persons. 14. It is made clear that the matter has been pending since 2019, the
judgment has been delivered, and the beneficiaries are still awaiting receipt of their benefits.
15. There shall be no dilation or delay on part of the Railway Board in this regard, and the amounts be disbursed, if necessary, on an undertaking to be given by the members, as stated in paragraph 8 of order dated 03rd February
2025.
16. List for ‘compliance’ on 17th October 2025.
17.
Order be uploaded on the website of this Court.
ANISH DAYAL, J JULY 18, 2025/MK/tk
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:20:39