SHRI SUBRATA MAZUMDAR vs N.F.RAILWAY on 29 September 2026

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.

by SOURABH KUMAR SOURABH KUMAR

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, by SOURABH KUMAR SOURABH KUMAR

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

by SOURABH KUMAR SOURABH KUMAR

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, by SOURABH KUMAR SOURABH KUMAR

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, by SOURABH KUMAR SOURABH KUMAR

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

by SOURABH KUMAR SOURABH KUMAR

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

by SOURABH KUMAR SOURABH KUMAR

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 by SOURABH KUMAR SOURABH KUMAR

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]

Digitally signed by SOURABH KUMAR SOURABH KUMAR

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 by SOURABH KUMAR SOURABH KUMAR

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 by SOURABH KUMAR SOURABH KUMAR

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.

by SOURABH KUMAR SOURABH KUMAR

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/

by SOURABH KUMAR SOURABH KUMAR