APHC010293722019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. WRIT PETITION NQ; 13582 OF 9niQ HARI HARANADHA SARMA Between: D. Krishna Murthy, S/o. D.Narappa, Aged about Gooty. South Central Railway, Guntakal 70years, Ex. Goods Guard, R/o. H.N0.11/268-A, asapuram Road, Guntakal, Anantapur District, Andhra Pradesh - 517 501. Division, ...Petitioner AND 1. Union of India, Represented by The General Railways, Rail Nilayam, Secunderabad Manager, South Central -71. 2. The Divisional Railway Manager South Central Railways, Guntakal Division, Guntakal, Anantapur Dist., Andhra Pradesh - 517501. 3. The Senior Divisional Operating Manager, South Central r._. Guntakal Division, Guntakal, Anantapur Dist., Andhra Pradesh - 517501. 4. The Senior Divisional Personnel Officer Railways, South Central Railways, Guntakal Andhra Pradesh - 517501. Division, Guntakal, Anantapur Dist. ...Respondents Petition under Article 226 of the Constitution Of India praying that in the the High Court may be one in nature of records circumstances stated in the affidavit filed therewith, pleased to issue a Writ, Order Writ of Certiorari or Direction, more particularly any other appropriate Writ (i) after calling for the or quash the Order dated 24-08-2018 file of the Hon'ble Central passed in OANo.1476 of 2014 on the Administrative Tribunal, Hyderabad Bench yderabad, in so far as it relates to not granting 100% of the petitioner for the period from at pay and allowance to 07-07-2000 to 30-04-2009. not granting ' on par with his juniors from the post of Goods Guard and not granting interest per annum on the delayed payment of DCRG encashment and (ii) consequently declare promotion with effect from 01-11-2003 Goods Guard to the post of Senior the rate of 12% at and leave that the petitioner is entitled for promohor, to the post of Seoior Goods Guard with effect from 01-11-2003 arrd consequential benefits, entitled for 100% the rate of 12% pay and allowance and interest at per annum on the delayed payment of DCRG and leave respondents to pay 100% pay and allowance for the period from 07-07-2000 to 30-04-2009, promote the petitioner notionally and pay the all consequential benefits rate of 12% per annum on the delay payment of encashment (iii) Direct the for the post of Senior Goods Guard along with the interest at the DCRG and leave encashment. Counsel for the Petitioner: SRI Counsel for the Respondents: DEVAKUMAR SALIKITI SRI Y V ANIL KUMAR (Central Government Counsel) The Court made the following order: APHC010293722019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 13582/2019 Between: 1.D. KRISHNA MURTHY S/0. D.NARAPPA, AGED ABOUT 70YEARS, EX. GOODS GUARD, GOOTY, SOUTH CENTRAL RAILWAY, GUNTAKAL DIVISION, KASAPURAM ROAD, GUNTAKAL, ANDHRA PRADESH - 517 501. R/0. H.N0.11/268-A, ANANTAPUR DISTRICT, ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOURTH CENTRAL RAILWAYS, RAIL NILAYAM, SECUNDERABAD -71. 2. THE DIVISIONAL RAILWAY MANAGER, SOURTH CENTRAL RAILWAYS, GUNTAKAL DIVISION, GUNTAKAL, ANANTAPUR DIST., ANDHRA PRADESH - 517501. 3.THE SENIOR DIVISIONAL OPERATING MANAGER, SOURTH DIVISION, GUNTAKAL, CENTRAL RAILWAYS, GUNTAKAL ANANTAPUR DIST., ANDHRA PRADESH - 517501. 4.THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOURTH GUNTAKAL DIVISION, GUNTAKAL, CENTRAL RAILWAYS, ANANTAPUR DIST., ANDHRA PRADESH - 517501. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction, more particularly one in nature of Writ of Certiorari or any other appropriate Writ (i) after calling for the records quash the Order dated 24-08-2018 passed in 0.A.No.1476 of 2014 file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench at Hyderabad, in so far as it relates to not granting 100 of pay and allowance to the petitioner for the period from 07-07-2000 to 30-04-2009, not granting promotion with effect from 01-11-2003 on par with his juniors from the post of Goods Guard to the post of Senior Goods Guard and not granting interest at the rate of 12 per annum on the delayed payment of DCRG and leave encashment and (ii) consequently declare that the petitioner is entitled for promotion to the post of Senior Goods Guard with effect from 01-11-2003 and consequential benefits, entitled for 100 pay and allowance and interest at the rate of 12 per annum on the delayed payment of DCRG and leave encashment (iii) Direct the respondents to pay 100 pay and allowance for the period from 07-07-2000 to 30-04-2009, promote the petitioner notionally for the post of Senior Goods Guard and pay the all consequential benefits along with the interest at the rate of 12 per annum on the delay payment of DCRG and leave encashment and to pass Counsel for the Petitioner: 1.DEVAKUMAR SALIKITI Counsel for the Respondent(S): 1. Y V ANIL KUMAR (Central Government Counsel) on the 3 The Court made the following Order: (Per Hon’ble Sri Justice B. Krishna Mohan) The learned Central Government Counsel appearing for the respondents submits that the counter of the respondents in O.A. before the Tribunal is adopted herein also in this writ petition. 2. Heard the learned counsel for the petitioner and the learned Central Government Counsel for the respondents. 3. This writ petition was filed against the order in O.A.No.1476 of 2014 on the file of Central Administrative Tribunal, Hyderabad Bench dated 24.08.2018 wherein the Tribunal granted the following relief; “(a) It is declared that the period of absence of the applicant from service from 7.7.2000 to 30.4.2009 is treated as of duty for all purpose and save the truncation of pay and allowances by 10%, the applicant is entitled to 90% of his pay and allowances for the said period including the kilometerage in lieu of running allowance to that extent, (b) The applicant is entitled to interest on delayed payment of DCRG and leave encashment at the rate applicable for Provident Fund credit balance at the relevant point of time in so far as gratuity -is concerned @7.5% per annum in respect of delayed payment of leave encashment. The interest to be calculated after 3 months from the date of superannuation till the date of payment, (c) Productivity linked bonus for the aforesaid period at the rates applicable for the relevant period, (d) Free Railway pass facility in accordance with the extant rules and at par with any retired Railway servant of comparable status. Time stipulated for compliance with the above direction is six months from the date of receipt of the copy of this order.” 4. Aggrieved by the partial relief granted by the learned Tribunal, this writ petition was filed by the petitioner herein who was applicant therein. When facts are referred, it is like this: 4 The petitioner was dismissed from service with effect from 07.07.2000 for allegedly being responsible for railway accident while he was working Goods Guard. When the petitioner approached the appellate authority, the punishment was modified from dismissal to compulsory retirement by order dated 27.09.2000. The revisional authority also confirmed the same vide letter dated 11.04.2001. Then the petitioner herein approached learned Administrative Tribunal in O.A. No.749 of 2001 and the learned Tribunal set aside the orders of the disciplinary authority/ the revisional authority and directed reinstatement of the applicant therein/ petitioner herein observing that the respondents authority therein can consider afresh to impose any punishment other than compulsory retirement, removal and dismissal from service observing further that as others also who contributed to the accident were let off with minor penalties. The order of the learned Tribunal in the above said O.A. No.749 of 2001 was confirmed by the erstwhile High Court of Andhra Pradesh in W.P.No.16676 of 2004 dated 18.02.2013 by dismissing the said writ petition with a direction to implement the said orders of the learned Administrative Tribunal. The S.L.P. filed before the Hon’ble Apex Court in C.C. No.2990 of 2014 was also dismissed vide order dated 24.02.2014. As the petitioner herein/ applicant therein retired from service on attaining superannuation, the department did not propose to continue the disciplinary proceedings against the petitioner/ applicant therein. However, on the representations made by the petitioner herein/ applicant therein, the 4*" respondent herein/ therein directed payment for 90% of pay and as 5 allowances for the intervening period from 07.07.2000 to 30.04.2009 without addressing other grievances. Having not been satisfied with the said relief, the petitioner herein approached the learned Central Administrative Tribunal vide O.A. no. 1476 of 2014 for the following reliefs; 5. “1. Only getting provisional pension and other retirement benefits were not released. 2. Free pass as per eligibility not issued. 3. Medical facility was not extended to him as per railway rules. 4. Interest on delayed payment of interest on DCRG. 5. Commutation of pension was not allowed from the date of his retirement i.e., 30.04.2009. 6. Allowance in lieu of kilometerage for running staff. 7. Promotion benefits in the context of his junior K.N.Babu being promoted. 8. Productivity linked bonus. 9. Full pay and allowances for the period 07.07.2000 to 30.04.2009.” The same was considered by the learned Tribunal item wise and held as under granting the following relief; 6. “(a) It is declared that the period of absence of the applicant from service from 7.7.2000 to 30.4.2009 is treated as of duty for all purpose and save the truncation of pay and allowances by 10%, the applicant is entitled to 90% of his pay and allowances for the said period including the kilometerage in lieu of running allowance to that extent, (b) The applicant is entitled to interest on delayed payment of DCRG and leave encashment at the rate applicable for Provident Fund credit balance at the relevant point of time in so far as gratuity is concerned @7.5% per annum in respect of delayed payment of leave encashment. The interest to be calculated after 3 months from the date of superannuation till the date of payment, (c) Productivity linked bonus for the aforesaid period at the rates applicable for the relevant period. 6 (d) Free Railway pass facility in accordance with the extant rules and at with any retired Railway servant of comparable status.” par 7. Upon consideration of the rival submissions made and upon perusal of the order of the learned Central Administrative Tribunal, we see no reason to interfere with the orders of the Tribunal. Accordingly, the writ petition is dismissed. No order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. One CC to SRI. DEVAKUMAR SALIKITI, 2. One CC to SRI. Y V ANIL KUMAR, Advocate [OPUC] 3. Two CD Copies Advocate [OPUC] (Central Government Counsel) NM HIGH COURT DATED:16/07/2025 ORDER WP NO. 13582 OF 2019 DISMISSING THE WP WITHOUT COSTS