Santosh Kumar Jha vs RAILWAY on 12 November 2026

1. Santosh Kumar Jha, aged about 49 years (Male), S/o Sri Dev Kant Jha, R/o Vidya Sagar Colony, Near Chakpakki Panchayat Bhavan, Chapakki, Parari, Laxminagar, PS- Sadar, District- Darbhanga (Bihar), Pin- 846009, posted as the Senior Train Manager, Samastipur Division, East Central Railway (ECR).

2. Ravi Shankar Kumar, aged about 51 years (Male), S/o Late Kamta Prasad Akalya, At- Sai Niwas Near Ramjanki Mandir Susta, PO- Ramna (via) PS- Sadar (Muzaffarpur), District- Muzaffarpur, Pin- 842002, posted as the Mail Express Train Manager, Sonepur Division, East Central Railway (ECR).

3. Hari Narayan Thakur, aged about 52 years (Male), S/o Late Vishwa Nath Thakur, At- Chiknauta, PO- Sheohar, PS- Sheohar, District- Sheohar, Pin- 843329, posted as the Senior Passenger Train Manager, Sonepur Division, East Central Railway (ECR).

4. Sanjeev Kumar, aged about 49 years (Male), S/o Hridya Narayan Karn, At- Q. No. G-144/B, Licchi Began Rly. Colony, Maripur, PS- Kazi Muhammadpur, District- Muzaffarpur, Pin- 842001, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

5. Shashi Kant Kumar, aged about 53 years (Male), S/o Late Jhaman Singh, At- Hanuman Nagar, PO- LBS Nagar, PS- LBS Nagar, District- Patna, Pin- 800023, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

6. Mukesh Kumar, aged about years (Male), S/o Chandrakishore Prasad, at – Indra Chowk Ganj No.-1, PO- Bettiah, PS- Town Thana- Bettiah, District- West Champaran,

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Sonali Lal

Pin- 845438, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

7. Rupesh Kumar, aged about 47 years (Male), S/o Shri Brijesh Prasad, At- Suman Bihar, Ward No.-3, PO- Narkatiaganj, PS- Bakarpur, District- West Champaran (Bihar), Pin- 845455, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

8. Baleshwar Ojha, aged about 57 years (Male), S/o Late Brijnandan Ojha, At- Shantipuri, PO- Motihari, PS- Motihari, District- East Champaran (Bihar), Pin- 845401, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

9. Naveen Kant Tiwari, aged about 43 years (Male), S/o Brijesh Tiwari, AT- Mushhari, PO- Dharmpur, PS- Sathi, District- West Champaran (Bihar), Pin- 845449, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

10. Vikash Kumar Saraf, aged about 41 years (Male), S/o Chotelal Saraf, At- Sikta, PO- Sikta, PS- Sikta, District- West Champaran (Bihar), Pin- 845307, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

11. Sujit Kumar Sharma, aged about 47 years (Male), S/o Lal Baboo Thakur at Mushhari, PO- Champapur, PS- Ramgarhwa, District- East Champaran (Bihar), Pin- 845493, posted as the Senior Passenger Train Manager, Samastipur Division, East Central Railway (ECR).

…………. Applicants

VS.

1. The Union of India through the Secretary, Railway Board, Ministry of Railway, Rail Bhawan, Rafi Marg, New Delhi- 110001.

2. The General Manager, East Central Railway (ECR), Hajipur, Pin Code- 844101 (Bihar).

3. The Principle Chief Personnel Officer, East Central Railway (ECR), Hajipur, Pin Code- 844101 (Bihar).

4. The Divisional Railway Manager, East Central Railway (ECR), Samastipur, Adarsh Nagar, Pin Code- 848101.

5. The Senior Divisional Personnel Officer, East Central Railway (ECR), Samastipur, Bihar, Pin Code- 848101.

6. The Divisional Railway Manager, East Central Railway (ECR), Sonpur, Saran (Bihar), Pin Code- 841101.

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Sonali Lal

7. The Senior Divisional Personnel Officer, East Central Railway (ECR), Sonepur, Saran (Bihar), Pin Code- 841101.

........ Respondents

For The Applicant(s): Ms. Divya Kiran, Proxy Counsel

For The Respondent(s): Mr. Neeraj Nandan, ASC

O R D E R (ORAL) Per : Kumar Rajesh Chandra, Administrative Member

1. Heard learned counsel for the respondents and Proxy Counsel on behalf of the applicant.

2. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief: “8.1 The Hon’ble Tribunal, on the facts and circumstances stated above, may be pleased to direct the respondent(s) to grant the applicants to benefits of MACP scheme, thus put their pay scale in GP 4600 (Level-7) as per their respective entitlement with the due date. 8.2 The Hon’ble Tribunal may also be pleased to direct the respondent(s) that after putting them in GP 4600 (Level-7) as per their entitlement, be further pleased to revise their pay scale accordingly as per their entitlement and the applicants be paid with arrear of salary with statutory as well as penal interest. 8.3 The Hon’ble Tribunal may further be pleased to grant the applicants all other consequential benefits/relief(s) as it may appear fit and proper to this Hon’ble Court. 8.4 Any other relief(s) as to appears deemed fit and proper to the Hon’ble Court may be granted to the applicants. 8.5 The cost of litigation may be passed in favour of the applicants.”

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Sonali Lal

3. On the previous date of listing, learned Proxy Counsel appearing on behalf of the applicant had submitted that, under instructions from the applicant, she intended to withdraw the present Original Application, as the applicant was no longer interested in pursuing the matter. However, learned counsel for the respondents had objected to the said submission on the ground that the Proxy Counsel was not the counsel in whose favour the Vakalatnama had been executed by the applicant and, therefore, was not duly authorised to seek withdrawal of the Original Application.

4. Today, learned counsel for the respondents, upon examining the records and taking instructions, has submitted that similar matters, including OA No. 141/2026, have already been withdrawn in view of the judgment dated 23rd July, 2026 rendered by the Hon'ble Supreme Court in Civil Appeal No. 9346 of 2026 (arising out of SLP (C) No. 35363 of 2025), Union of India vs. Harbansh Lal Verma, wherein the Hon'ble Apex Court has settled the issue concerning the grant of financial upgradation under the MACP Scheme, holding that such upgradation cannot exceed the Grade Pay ceiling prescribed in the promotional hierarchy. It is, therefore, contended that the relief sought by the applicant in the present OA is no longer legally tenable in view of the aforesaid judgment,

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Sonali Lal which has attained finality. Accordingly, no useful purpose would be served by keeping the present OA pending for adjudication.

5. Learned counsel for the respondents has also reiterated his objection regarding the authority of the Proxy Counsel to seek withdrawal of the present OA.

6. It is pertinent to mention that, in the similar matter of OA No. 141/2026, this Tribunal had permitted the applicant therein to withdraw the OA with liberty to approach the Tribunal afresh, in the event of a favourable order being passed in the review application stated to have been filed before the Hon'ble Supreme Court and a fresh cause of action arising therefrom.

7. In view of the aforesaid submissions made by learned counsel for the respondents, particularly his submission that the issue involved in the present OA is covered by the judgment of the Hon'ble Supreme Court, this Tribunal is of the considered view that no useful purpose would be served by proceeding further with the adjudication of the present OA.

8. Accordingly, the OA stands dismissed. There shall be no order as to costs.

Sd/-

Sd/- (Kumar Rajesh Chandra) (Justice Narendra Kr. Johari) Administrative Member

Judicial Member

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Sonali Lal