Central Administrative Tribunal
DINESH KUMAR J vs SOUTH WESTERN RAILWAY on 23 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00108/2026
ORDER RESERVED ON: 13.10.2026
DATE OF ORDER: 23.10.2026
CORAM:
HON’BLE MR. SANTOSH MEHRA
..MEMBER(A)
Citations and Judicial Treatment
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Decisions in the index citing it
Cites
7
Decisions referred to
In this index
3
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1) DINESH KUMAR J, Aged 34 years, Group 'c', S/o. P.JAYAPAL TECH 1,O/o. SSE/AC/YPR, S.W. Railway, Res of: RAILWAY QUARTERS No 72/E, RAILWAY COLONY NEAR STEPPING STONE SCHOOL YESVANTPUR, BANGALORE-560022. KARNATAKA.
2) ARUN KUMAR, Aged 47 Years, Group 'C', S/o. HARIDAYA NARAYANA RAM, Sr. TECH. O/o. SSE/AC/YPR, S.W. Railway, Res Of: #005, GROUND FLOOR, SUPARNA DURGA BLESS APARTMENT, LIC CALONY, YESVANTHPUR BANGALORE-560022. KARNATAKA.
3) SONU KUMAR BAIRWA, Aged 34 Years, Group 'C', S/o. SITARAM BAIRWA, TECH. I, O/o. SSE/AC/YPR, S.W. Railway, RES OF #341/7, 1ST CROSS LIC COLONY, YESVANTHPUR BANGALORE-560022, KARNATAKA.
4) YADRAM BAIRWA, Aged 34 Years, Group 'C', S/o. DEVIRAM BAIRWA, TECH. I O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO #71 2ND FLOOR, 3RD CROSS PAMPA NAGAR, YESVANTHPUR,
5) JOGENDRA SINGH, Aged 44 Years, Group 'C', S/o. MAM CHAND, TECH. I O/o. SSE/AC/YPR, S.W. Railway, Res Of:- 38,14th cross, 1st main road, B.K.Nagar, Opposite, Patal Paradise, Yeshwanthpur, Bangalore-560022. KARNATAKA.
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6) RAM JEET, Aged 37 Years, Group 'C', S/o. GOPAL JATAV, TECH. I, O/o. SSE/AC/YPR, S.W. Railway, Res of- 38/1 14th Cross, 1st Main Road, B.K.Nagar, Opposite, Patal Paradise, Yeshwanthpur, Bangalore-560022. KARNATAKA.
7) RAJESH KUMAR, Aged 41 Years, Group 'C', S/o. BALIRAM PRASAD, Sr. TECH. O/o. SSE/AC/YPR, S.W. Railway, Res of:- #DS MAX SONATA 204/C DHASANAPALYA MEDARHALLI ROAD, CHIKKABANAVARA, BANGALORE-560090. KARNATAKA.
8) SITARAM MEENA, Aged 40 Years, Group 'C', S/o. RAMDHAN MEENA, TECH. I O/o. SSE/AC/YPR, S.W. Railway, Res of: 115/1, 3rd Floor 7th Cross, 2nd Main, Mohan Kumar Nagar, YESVANTHPUR, BANGALORE-560022. KARNATAKA.
9) RAKESH KUMAR, Aged 40 Years, Group 'C', S/o. RAM KUMAR, TECH. I O/o. SSE/AC/YPR, S.W.Railway, Res of: H.No. 25 First Floor, 2nd main Road, Mohan Kumar Nagar, Yeshwanthpur, Bangalore-560054.
10) RAHUL KUMAR, Aged 28 Years, Group 'C', S/o. GOPAL YADAV, TECH. II, O/o. SSE/AC/YPR, S.W. Railway, Res of:- NITHYA NILAYA HOUSE NO-03, GROUND FLOOR 2ND CROSS MOHANKUMAR NAGAR YESVANTHPUR, BANGALORE-560022. KARNATAKA.
11) SUMITA KUMAR JENA, Aged 30 Years, Group 'C', S/o. MAHESWAR JENA, TECH. II, O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO-70, 3RD FLOOR, PUMPA NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
12) C. VENKATESH, Aged 36 Years, Group 'C', S/o. CHINNARAJ, ASSISTANT O/o. SSE/AC/YPR, S.W. Railway, RES OF - #HOUSE NO-68, VINAYAKA NAGAR, CHOWDAPPA LAYOUT, NEAR DURGA TEMPLE, RR LAYOUT, CHIKKABANVAR(POST) BANGALORE-560090. KARNATAKA.
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13) DEVENDRA NAIK D., Aged 39 Years, Group 'C', S/o. DHARGYA NAIK O/o. SSE/AC/YPR, S.W. Railway, RES OF- MARUTHI NILAYA, TEVARA CHATNAHALLI NERA HONNATHAMMA DEVASTANA SHIMOGGA TALUK, SHIMOGGA DISTRICT-577204. KARNATAKA.
14) PARSHURAM KUMAR, Aged 32 Years, Group 'C', S/o. MUKUND PRASAD CHAURASIA, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF-SHREE BALAG KRUPA, 1ST FLOOR #5, 17TH CROSS BUILDING, B.K. Nagar, YESVANTPUR,
15) MAHESHA M., Aged 42 Years, Group 'C', S/o. MADU C., TECH I, O/o. SSE/AC/YPR, S.W. Railway, RES OF-#144 1ST MAIN, 8TH CROSS MANJUNATH NAGAR, NAGASANDRA POST BANGALORE-560022. KARNATAKA.
16) AMARNATH G., Aged 37 Years, Group 'C', S/o. ASHWATH NARAYANA, Sr. TECH O/o. SSE/AC/YPR, S.W. Railway, RES OF-208/B RAILWAY QUARTERS COLONY, NEAR STEPPING STONE SCHOOL. YESVANTPUR, BANGALORE-560022. Karnataka.
17) E. KUPPAN, Aged 51 Years, Group 'C', S/o. V. ETHIRAJ, TECH I O/o. SSE/AC/YPR S.W. Railway, RES OF- Duvarages Nagar, 3rd Cross, Airport Road, Yelahanka, Bangalore-560063. KARNATAKA.
18) SHASHI KANT, Aged 40 Years, Group 'C', S/o. RAVINDRA NATH, TECH I O/o. SSE/AC/YPR, S.W. Railway, Res of:- 21, 2nd Floor, 7th Cross 2nd Main, Mohan Kumar Nagar, Yaswantpur, Bangalore-560022. Karnataka.
19) JITENDRA KUMAR, Aged 28 Years, Group 'C', S/o. RAKESH KUMAR, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF: #24, 1st B Cross, Nanjappa Reddy, Garden, Yeshwanthpur Bangalore- 22, Karnataka.
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20) SUBHASH KUMAR CHOUDHARY, Aged 43 Years, Group 'C', S/o. MOHAN CHOUDHARY, TECH I, O/o. SSE/AC/YPR, S.W. Railway, RES OF- RAILWAY QUARTERS NO 205/G RAILWAY COLONY, YESVANTPUR BANGALORE-560022. KARNATAKA.
21) JITENDRA KUMAR, Aged 41 Years, Group 'C', S/o. HARIHAR SINGH, TECH I O/o. SSE/AC/YPR, S.W. Railway, Res of #77/MN Railway quarters, Railway colony, Yeswantpur, Banglore-560022.
22) SHANKARE GOWDA MT, Aged 61 Years, Group 'C', S/o. THIMME GOWDA, TECH III O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO-106, 6TH CROSS SIDDESHWARA BADAVANE, NAGASANDRA POST BANGALORE-560073. KARNATAKA.
23) S. VIJAYA KUMAR, Aged 37 Years, Group 'C', S/o. SUNDARA PANDY NADAR, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF-HOUSE NO 29, 3RD FLOOR 1ST MAIN, 15TH CROSS, B.K.NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
24) MAHESH KUMAR, Aged 42 Years, Group 'C', S/o. KAMESWAR ROY, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF-DOOR NO F04, 7th BANDAPPA Road, NEAR PRABHAKAR MENSION HEBBAGODI BUILIDING, 1ST FLOOR, YESVANTPUR,
25) SHREE BHAGWAN YADAV, Aged 29 Years, Group 'C', S/o. BIGAN PRASAD YADAV, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO 15, 3rd FLOOR 1ST CROSS, PAMPANAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
26) RAM-BAHORI, Aged 36 Years, Group 'C', S/o. LALIU-RAM, TECH III O/o. SSE/AC/YPR, S.W. Railway, RES OF- RAILWAY QUARTERS NO 217/B, 1ST FLOOR, NEAR GOLDEN GRAUND, MUNNESWARA NAGAR YESVANTPUR, BANGALORE-560022.
27) NAGARAJ, Aged 40 Years, Group 'C', S/o. NARASANNA, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF-HOUSE NO-08, GOVINDA REDDY BUILDING 2ND MAIN, MOHAN KUMAR NAGAR, YESVANTPUR, BANGALORE-560022 KOMAL RANI
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28) D. MURALI, Aged 61 Years, Group 'C', S/o. DORAISWAMY, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF- 125/57 NEW LAYOUT, NERA LEKERE VILLAGE, DK HALLI POST, BANGARPET POST, KOLAR-563162. BANGLORE KARNATAKA.
29) VINAY KUMAR, Aged 34 Years, Group 'C', S/o. MAHENDRA PRASAD, TECH II, O/o. SSE/AC/YPR, S.W. Railway, RES OF- #126 4/A CROSS, MOHANKUAR NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
30) V. CHENCHU RATHNAM, Aged 48 Years, Group 'C', S/o. CHENGALRAYULU, ASST.
RES OF-DOOR NO 2/2, 12th A cross, Lachappa Colony, B.K.Nagar, Yeshwantpur, Bangalore, Karnataka-560022.
31) V. MURALI KRISHNA, Aged 35 Years, Group 'C', S/o. V.BHOGESWARA RAJU, TECH I, O/o. SSE/AC/YPR, S.W. Railway, Res Of:- #A3 GBR Residency, SBM Colony, 8th Main, 9th Cross, JP park, Yeshwantpur, Bangalore-560054, Karnataka.
32) SUKHRAM MUNDA, Aged 27 Years, Group 'C', S/o. ATWAMUNDA, TECH II, O/o. SSE/AC/YPR, S.W. Railway, RES OF-ROOM NO 29 3RD FLOOR, VISWANATH NILAYA, MOHAN KUMAR NAGAR, MAJID ROAD, YESVANTPUR, BANGALORE-560022. KARNATAKA.
33) FATEH SINGH, Aged 27 Years, Group 'C', S/o. MANVEER SINGH, TECH I O/o. SSE/AC/SMVB, S.W. Railway, RES OF-HOUSE NO 70, 3RD FLOOR, 3RD CROSS OPPOSITE GANESH TEMPLE, PAMPANAGAR, YESVANTHPUR, BANGALORE-560022. KARNATAKA.
34) VIKAS MAURYA, Aged 30 Years, Group 'C', S/o. BAL KISHAN MAURYA, TECH II
RES OF-DOOR NO 12 2ND FLOOR, 3RD MAIN ROAD LIC COLONY, YESVANTPUR, BANGALORE-560022. KARNATAKA. KOMAL RANI
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35) TANIK KUMAR, Aged 30 Years, Group 'C', S/o. ARJUN YADAV, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF-HOUSE NO #71 2ND FLOOR, 3RD CROSS PAMPA NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
36) AMIT KUMAR SHARMA, Aged 39 Years, Group 'C', S/o. SUSHIL PRASAD SHARMA, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF-77 /MN RAILWAY QUARTERS RAILWAY COLONY, YESVANTPUR, BANGALORE-560022. KARNATAKA.
37) CHANDRAKANT AMBOJI, Aged 59 years, Group 'C', S/o. NAGAPPААМВОJI, ТECH III O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO 393, MUCHANDI POST BELAGAVI TALUK, BELAGAVI POST-590016. KARNATAKA.
38) MAHADEVAPPA GOUDAR, Aged 59 years, Group 'C', S/o. BASAVANNEPA TECH III O/o. SSE/AC/YPR, S.W. Railway, RES OF- PUDAKALAKATTI VILLAGE MAKKALAGERI POST, GOKAK TALUK, BELAGAVI DISTRICT, KARNATAKA-591344.
39) Μ. ΚΑΝΝΑN, Aged 42 Years, Group 'C', S/o. MUNIYANDI, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF-176/E RAILWAY QUARTERS, RAILWAY COLONY, YESVANTPUR, BANGALORE 560022. KARNATAKA.
40) DEEPAK KUMAR, Aged 31 Years, Group 'C', S/o. KUMAR RAMPREET, ASSISTANT
RES OF-B.S ROOPESH HOUSE NEAR RAM MANDIR, MOHANKUMAR NAGAR YESVANTPUR BANGALORE-560022. KARNATAKA.
41) PARSHURAM JEE, Aged 32 Years, Group 'C', S/o. PARMANAND PRASAD, ASSISTANT O/o. SSE/AC/YPR, S.W. Railway, RES OF- NITHYA NILAYAN, HOUSE NO 3 1ST FLOOR, 2ND CROSS, MOHANKUMAR NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
42) KUMAR SUBODH, Aged 42 Years, Group 'C', S/o. RAMESHWAR SINGH, TECH III O/o SSE/AC/YPR, S.W. Railway, RES OF-408/F RAILWAY QUARTERS, RAILWAY COLONY, YESVANTPUR, BANGALORE-560022. KARNATAKA. KOMAL RANI
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43) MANOJ DASS, Aged 43 Years, Group 'C', S/o. BAL DEO DASS, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF- DORR NO 457/S 5TH FLOOR, M.G. RAILWAY COLONY BANGALORE-560023. KARNATAKA.
44) PANKAJ KUMAR, Aged 29 Years, Group 'C', S/o. RAMANAND PASWAN, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO #06, 1ST FLOOR, 5TH CROSS MOHANKUMAR NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
45) KISHNA RAM, Aged 29 Years, Group 'C', S/o. BHURA RAM, TECH II
RES OF-DOOR NO 1, 2ND FLOOR, 5/6 1ST MAIN ROAD LIC COLONY, YESVANTPUR, BANGALORE-560022. KARNATAKA.
46) NARASIMHA MURTHY, Aged 56 Years, Group 'C', S/o. ANJINAPPA, SR TECH, O/o. SSE/AC/YPR, S.W. Railway, RES OF - DOOR NO #2/1, 12TH A CROSS, BK NAGAR, YESVANTPUR, BANGALORE-560022. KARNAΤΑΚΑ.
47) KUNDAN KUMAR, Aged 29 Years, Group 'C', S/o. RAM PRAVESH PRASAD, TECH II O/o. SSE/AC/YPR, S.W. Railway, RES OF- HOUSE NO 27, 2ND CROSS, 2ND FLOOR, KAMADENU, MOHANKUMAR NAGAR, YESVANTPUR, BANGALORE-560022. KARNATAKA.
48) ANIL KUMAR G., Aged 33 Years, Group 'C', S/o. GOPAL, TECH I O/o. SSE/AC/YPR, S.W. Railway, RES OF- NO 77/A RAILWAY QUARTERS, RAILWAY COLONY, YESVANTPUR, BANGALORE-560022. KARNATAKA
49) MANCHAL AGNEYA, Aged 37 Years, Group 'C', S/o. SRI SITARAM TECH I O/o. SSE/AC/YPR, Bangalore Division, S.W. Railway, RES OF- HOUSE NO 38, GROUND FLOOR, 14TH CROSS, B.K NAGAR, YESVANTPUR,
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50) JYOTHI KUMAR, Aged 48 Years, Group 'C', S/o. MADAPPA, ASSISTANT, O/o. SSE/AC/YPR, S.W. Railway, RES OF-#5, SRIVANI NILAYA, 1ST MAIN, 1ST CROSS, HURALICHIKANA HALL, BANGALORE-560090 KARNATAΚΑ.
51) DAYANIDHI SHANMUGAM M, Aged 39 Years, Group 'C', S/o. M. SHANMUGAM, TECH I O/o. SSE/AC/YPR, Bangalore Division, S.W. Railway, RES OF-HARIHARA KRUPA, HOUSE NO 10, PRORETY NO-25, B.K. NAGAR, YESVANTPUR, KARNATAKA.
52) B. SREEKANTH, Aged 28 Years, Group 'C', S/o. A. BALASUBRAMANYAM, TECH I, O/o. SSE/AC/YPR, Bangalore Division, S.W. Railway, RES OF HOUSE NO-717, 1ST MAIN, 1ST CROSS NEW BINNY LAYOUT,
53) VINAYAK DEVAPPA BIRJE, Aged 34 Years, Group 'C', S/o. DEVAPPA BIRJE, Tech-1, O/o. SSE/AC/YPR, S.W. Railway, HOUSE NO 155, GUNJI POST, KHANAPUR TALUCK BELAGAVI DISTRICT, KARNATAKA-591302.
54) SERUT SANDEEP CRASTA, Aged 44 Years, Group 'C', S/o. SEBASTINE CRASTA, TECH I O/o. SSE/AC/YPR, S.W. RES OF-3-221E25, MASTHIKATTE, YEOADIGUTTU, MOODBIDRI, DAKSHINA KANNADA, KARNATAKA-574227.
55) S. SURESH, Aged 39 Years, Group 'C', S/o. SUBRAMANI, Sr. TECH O/o. SSE/AC/YPR, S.W. Railway, Res Of:- 1G Black Jai, Bhimanagar, Near Sivan Temple, Sadara mangala, Kadugodi (Post), Bangalore -560067, Karnataka.
56) M N MANJUNATH, Aged 40 Years, Group 'C', S/o M N MANNOJI RAO, O/o. SSE/AC/YPR, S.W. Railway, RES OF- NO 7, 1ST MAIN, 4th CROSS MARUTHI NAGAR, YELAHANKA, BANGALORE-560064. KARNATAKA.
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57) T YOURAJ, Aged 40 years, Group 'C', S/o THIRUNAKARASU, O/o. SSE/AC/YPR, S.W. Railway, RES OF- 489/G RAILWAY QUARTERS, M.G. RAILWAY COLONY, MAGADI ROAD, BANGALORE-560023. KARNATAKA.
58) R PARTHASARATHY, Aged 53 years, Group 'C', S/o K RAJAN Occ: Tech-III, O/o. SSE/AC/YPR, S.W. Railway, Res of: G1 Manjulamma, Apartment, Mohan Kumar Nagar, Yeshwantpur, Bangalore-22. KARNATAKA.
59) Sri. ABILASH K.A Aged 41 Years, Group 'C', S/o ACHUTHAN K.K. Occ: Tech.I, O/o SSE/AC/YPR, S.W. Railway, Res of: Railway Quarter No. 189/E, MG Colony, Near KSR Bangalore,
....Applicants
(By Advocate: Shri G Pavana Murthy)
Vs.
1. The Union of India, The General Manager "Rail Soudha" South Western Railway, Gadag Road, Hubballi- 580020. Karnataka.
2. The Divisional Railway Manager, Ist Floor, Divisional office, Building, Bangalore Division, New city Railway Station, S.W. Railway, Bangalore-560023, Karnataka.
3. The Sr. Divisional Electrical Engineer, (G) 2st Floor, Divisional office Building, Bangalore Division, S.W. Railway, New city Railway Station, Bangalore-560023, Karnataka.
4. The SR. Section Engineer, AC/ Yeswanthpur AC, IOH Sheed, Yeswanthpur, South West Railway, Railway station, Bangalore- 560022. …Respondents
(By Advocate: Shri N. Amaresh)
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O R D E R
Per: Hon’ble Shri Santosh Mehra ……Member(A)
1. This OA was filed on 19.02.2026 and the applicants have sought the following reliefs: “It is humbly prayed, that the Hon'ble tribunal may be pleased to direct the Respondents to Grant arrears of overtime Allowance/wages for stable/Halt hours on par with Escorting staff of Central and South central Railway On strength of the Hon'ble Tribunal Judgment in O.A 117 of 2008 (Mumbai Bench) O.A 631 of 2016 (Hyderabad Bench) and confirmed by the Hon'ble High court in W.P.No. 9227 of 2011 Mumbai High court and W.P.No. 7564 of 2019 Telangana High court and Upheld by Hon'ble Supreme court in SLP No. 18333 of 2012 and 2498 of 2022 dated 11.03.2022 as the applicant are similarly situated, to that of above Applicants in O.As Mentioned above and seeking similar relief and pass such other order/orders as deem and fit and proper in the interest of principals of Natural Justice.”
2. It is seen that the facts and circumstances in this case are exactly similar to those of the OAs in which already judgements have been passed earlier by various Benches of CAT which were upheld by the Hon’ble High Courts and eventually by the Supreme Court of India. In fact, as seen from Para 1 above, the applicants have asked for relief exactly similar to the one already granted in OA No. 117 of 2008 (Mumbai Bench), O.A. 631 of 2016 (Hyderabad Bench), and confirmed by the Hon'ble High court in W.P.No. 9227 of 2011 Mumbai High court and W.P. No. 7564 of 2019 Telangana High court and upheld by Hon'ble Supreme court in SLP No. 18333 of 2012 and 2498 of 2022 dated 11.03.2022. On strength of these judgements, the Bangalore Bench of CAT has also passed KOMAL RANI
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similar Orders and granted exactly similar relief in OA 170/364/2025 dated 15.07.2026.
3. The catena of Judgements passed on this matter by the Hon’ble CAT Tribunals of Hyderabad, Mumbai, Ernakulam, Bilaspur etc., were duly upheld by the respective High Courts; and the SLPs filed against them in the Supreme Court were dismissed. This does not leave any doubt regarding the genuineness of the relief asked for by the applicants. The reply filed by the learned counsel for the respondents in this case is almost similar, if not exactly the same as filed in OA No. 364 of 2025. In his reply, he has also admitted that the charter of duties performed by the ACCM as indicated in Para 4.3 (b) to 4.3 (l) of the OA are correct except for with respect to 4.3 (j) which is being performed along with the secondary maintenance staff of the reporting station. He has also pointed out that in the Hubballi Division, the commercial duties relating to the handing over and taking over of linen, bedrolls, tumblers, flasks, etc. are not assigned to or performed by the AC escorting staff (ACCM & ACCA). However, overall speaking the learned counsel for the respondents during the final arguments across the Bar, also admitted that it is a settled matter. However, he has requested that the relief being granted, may be made subject to the outcome of WPs filed in the Hon’ble High Court of Karnataka.
4. It is a well settled principle that if a case is exactly identical in terms of facts & circumstances and law to a case earlier decided upon, the Judgement should also be similar to that of the coordinate Bench. In this regard, it would be beneficial to visit the relevant portions of the following Judgements of the Hon’ble Supreme Court of India, in this regard. KOMAL RANI
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(i) The Supreme Court in S.I. Rooplal and Anr Vs. Lt. Governor through Chief Secretary reported in (2000) 1 SCC 644 vide Civil Appeal No. 5363-64 of 1997 dated 14.12.1999 stated as follows: “……………………………..
11. Before us in these matters, Mr. P.P. Rao and Mr. S.K. Dholakia, learned senior counsel appearing for the parties contended that the latter Bench of the tribunal committed a judicial impropriety in taking a contra view from the earlier judgment without Following the rule of precedent………
12. At the outset, we must express our serious dissatisfaction in regard to the manner in which a coordinate Bench of the tribunal has overruled, in effect, an earlier judgment of another coordinate Bench of the same tribunal. This is opposed to all principles of judicial discipline. If at all, the subsequent Bench of the tribunal was of the opinion that the earlier view taken by the coordinate Bench of the same tribunal was incorrect, it ought to have referred the matter to a larger Bench so that the the same point could have been avoided. It is not as if the latter Bench was unaware of the judgment of the earlier Bench but knowingly it proceeded to disagree with the said judgment against all known rules of precedents. Precedents which enunciate rules of law from the foundation of administration of justice under our system. This is a fundamental principle which every Presiding Officer of a Judicial Forum ought to know, for consistency in interpretation of law alone can lead to public confidence in our judicial system. This Court has laid down time and again precedent law must be followed by all concerned; deviation from the same should be only on a procedure known to law. A subordinate court is bounded by the enunciation of law made by the superior courts. A coordinate Bench of a Court cannot pronounce judgment contrary to declaration of law made by another Bench. It can only refer it to a larger Bench if it disagrees with the earlier pronouncement. This Court in the case of Tribhuvandas Purshottamdas Thakar v. Ratilal Motilal Patel, [1968] 1 SCR 455 while dealing with a case in which a Judge of the High Court had failed to follow the earlier judgment of a larger Bench of S.I. Rooplal And Anr vs Lt. Governor Through Chief Secretary... on 14 December, 1999 the same court observed thus: "The judgment of the Full Bench of the Gujarat High Court was binding upon Raju, J. If the learned Judge was of the view that KOMAL RANI
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the decision of Bhagwati, J., in Pinjare Karimbhai's case and of Macleod, C.J., in Haridas 's case did not lay down the correct Law or rule of practice, it was open to him to recommend to the Chief Justice that the question be considered by a larger Bench. Judicial decorum, propriety and discipline required that he should not ignore it Our system of administration of justice aims at certainty in the law and that can be achieved only if Judges do not ignore decisions by Courts of coordinate authority or of superior authority. Gajendragadkar, C.J. observed in Lala Shri Bhagwan and Anr, v. Shri Ram Chand and Anr. "It is hardly necessary to emphasis that considerations of judicial propriety and decorum require that if a learned single Judge hearing a matter is inclined to take the view that the earlier decisions of the High Court, whether of a Division Bench or of a single Judge, need to be re- considered, lie should not embark upon that enquiry sitting as a single Judge, but should refer the matter to a Division Bench, or, in a proper case, place the relevant papers before the Chief Justice to enable him to constitute a larger Bench to examine the question. That is the proper and traditional way to deal with such matters and it is founded on healthy principles of judicial decorum and propriety."
13. We are indeed sorry to note the attitude of the tribunal in this case which, after noticing the earlier judgment of a coordinate Bench and after noticing the judgment of this Court, has still thought it fit to proceed to take a view totally contrary to the view taken in the earlier judgment thereby creating a judicial uncertainty in regard to the declaration of law involved in this case. Because of this approach of the latter Bench of the tribunal in this case, a lot of valuable time of the Court is wasted and parties to this case have been put to considerable hardship. ……………………..”
(ii) Likewise, the Hon’ble Supreme Court in Sant Lal Gupta & Ors vs Modern Coop. G.H. Society Ltd. & Ors reported in (2010) 13 SCC 336 vide Civil Appeal No. 9439 of 2003 dated 18.10.2010 held as follows:
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“………….
17. A coordinate bench cannot comment upon the discretion exercised or judgment rendered by another coordinate bench of the same court. The rule of precedent is binding for the reason that there is a desire to secure uniformity and certainty in law. Thus, in judicial administration precedents which enunciate rules of law form the foundation of the administration of justice under our system. Therefore, it has always been insisted that the decision of a coordinate bench must be followed. (Vide: Tribhovandas Purshottamdas Thakkar v. Ratilal Motilal Patel & Ors., AIR 1968 SC 372; Sub-Committee of Judicial Accountability v. Union of India & Ors., (1992) 4 SCC 97; and State of Tripura v. Tripura Bar Association & Ors., (1998) 5 SCC 637).
18. In Rajasthan Public Service Commission & Anr. v. Harish Kumar Purohit & Ors., (2003) 5 SCC 480, this Court held that a bench must follow the decision of a coordinate bench and take the same view as has been taken earlier. The earlier decision of the coordinate bench is binding upon any latter coordinate bench deciding the same or similar issues. If the latter bench wants to take a different view than that taken by the earlier bench, the proper course is for it to refer the matter to a larger bench…….”
5. The Judgements of the Supreme Court cited supra, clearly state that if a Court has passed a Judgement in a case with a given set of facts & circumstances and law, the same has to be honoured subsequently by the Coordinate Benches in all other similar cases.
6. It is seen that in this OA all facts are similar to the ones already adjudicated upon, as above. Therefore, the same relief should be granted to the present applicants. Hence, the OA is allowed. It is hereby ordered:
(i) The respondents are directed to consider stable hours as working hours and extent the benefits of Judgments in O.A 117 of 2008 CAT (Mumbai Bench) and O.A 631 of 2016 (Hyderabad Bench) and confirmed by the Hon'ble High Courts KOMAL RANI
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in W.P.No. 9227 of 2011 of Mumbai High Court and W.P.No. 7564 of 2019 Telangana High Court and further Upheld by Hon'ble Supreme Court in SLP No. 18333 of 2012 and 2498 of 2022 dated 11.03.2022, and CAT Bangalore Bench judgement in OA No. 364/2025 to the applicants.
(ii) The applicants who had retired more than three years before the filing of this OA i.e. 19.02.2026 are not entitled to any relief.
(iii) The applicants who are entitled for OTA, will also be entitled for arrears of three years prior to the date of filing this OA. They will submit all the requisite details and supporting documents regarding their travel on duty, including the periods of halts before the respondents within three months from the date of receipt of the certified copy of this Order. Thereafter, the respondents will accordingly verify and calculate the Over Time Allowance (OTA) / wages as per the rules and pay the arrears to the aforesaid applicants within two months of the receipt of the bills duly, considering the halt period.
(iv) All MAs, if any, stand disposed off.
(v) The party will bear their own costs.
Sd/- (SANTOSH MEHRA)
MEMBER (A)
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