Central Administrative Tribunal - Madras
S Bharathiraja vs M/O Railways on 30 June, 2022
1 OA 1961/2014
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA NO.1961/2014
Dated Thursday, the 30th day of June Two Thousand Twenty Two
CORUM: HON'BLE MR. T.JACOB, ADMINISTRATIVE MEMBER
&
HON'BLE MS. LATA BASWARAJ PATNE, JUDICIAL MEMBER
1.S.Bharathiraja,
Old No.74, New No.163, Pound Street,
Muthuraman Patti, Virudhunagar District 626 001.
2.S.Kannan,
No.2/97, Indira Colony, Keela Urappanure,
Thirumangalam Taluk, Madurai District 625 706.
3.V.Senthil Kumar,
No.24B, Railway Colony, Sankarankoil 627756
4.S.Sankar,
No.10, Railway Colony, Thenkasi. ...Applicants
By Advocate M/s S.Meenakshi
Vs.
1.The Union of India,
Rep., by the Executive Director,
Ministry of Railways, Railway Board,
Govt. of India, New Delhi.
2.The Director, Pay Commission-II,
Railway Board, Ministry of Railways,
Govt of India, New Delhi.
3.The Joint Commissioner, Pay Commission,
Railway Board, Ministry of Railways,
Govt. of India, New Delhi.
4.The Joint Director Estt.(N)(III),
Railway Board, Ministry of Railways,
Govt of India, New Delhi.
5.The Chief Personnel Officer,
Head Quarters Office, Personnel Branch,
Southern Railway, Chennai 600 003.
2 OA 1961/2014
6.Divisional Personal Officer,
Divisional Office, Personnel Branch,
Southern Railway, Madurai.
7.The Assistant Personnel Officer (M&E),
Divisional Office, Personnel Branch,
Southern Railway, Madurai.
8.The Additional Divisional Engineer,
ADEN Office, Southern Railway, Madurai ...Respondents
By Advocate Mr.P.Srinivasan
3 OA 1961/2014
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) By this OA, the applicant is seeking a direction to the respondents to implement the order dated 22.09.2014 and promote the applicant as a Track Maintainer I with a Grade Pay (GP) of Rs.2800/- with seniority, arrears and all other consequential benefits.
2. The facts in brief as submitted by the applicants are as follows:
The 1st and 2nd applicant joined the services of the respondents as Trackman on 30.09.2004 & 05.08.2004 respectively. In 2013, they were sought option to be promoted as Keyman and on their willingness and after undergoing proper training and selection, the 1st and 2nd applicant were promoted as Keyman by order dated 09.01.2013 and working as such as on the date of filing of the OA. Likewise, the 3 rd and 4th applicant were promoted as Keyman by order dated 04.04.2013 after undergoing proper training and selection and working as such as on the date of filing of the OA. The post of Keyman holds heavy duties and responsibilities and it is the feeder category to the post of Gangmate. Whiles o, the 3 rd respondent issued an order dated 17.08.2012 restructuring /reorganisation of staffing pattern of Trackmen on Indian Railways wherein the posts of Trackman, Trolleyman, Watchman, Gateman and Keyman are unified as Track Maintainer as per suitability and seniority. On 13.08.2013, the 4 th respondent issued an order explaining the mode of promotion to each category of Track Maintainer and on 19.11.2013, the 5th respondent issued a letter explaining the restructuring and clause 2 of the said order states that the revised percentage of distribution of posts will be effected w.e.f 17.08.2012. Clause
3 of the said order states that for promotion against the posts during the 4 OA 1961/2014 period from 17.08.2012 to 12.08.2013, the procedure laid down in sub para (I) to (iv) of Para 1 of Board's letter dated 17.08.2012 should be followed The 6th respondent wrongly understood the order dated 17.08.2012 that the revised pattern of unified cadre of Track Maintainer will be effective from the date of the order as the date of the order is the cut off date for redesignation of the cadres. On 31.03.2014, the 7th respondent issued a provisional seniority list of Track Maintainer I, II, III and IV wherein the 3 rd and 4th applicants' names were found at serial no.3 & 4 under Track Maintainer IV with GP Rs.1800. On 08.04.2014 another seniority list of Track Maintainer I, II, III and IV was issued wherein the 1 st and 2nd applicants' names were found at serial no.54 & 87 under Track Maintainer IV with GP Rs.1800. and promoted the Gangman and Keyman appointed before 12.08.2014 and placed the applicant in the post of Track Maintainer IV. The said seniority lists were purely on the basis of date of joining of the incumbent in the initial stage in the respondents' department without mentioning the name of the post and not based on suitability. The list was issued without following the order dated 17.08.2012 wherein clear instructions were given that selection for the post of Track Maintainer I & II should be conducted considering the seniority and suitability. The post of Keyman is the feeder post for Gangmate and among the four Keymen employed in the Virudhunagar Section, two Keymen appointed prior to 17.08.2012 were promoted as Track Maintainer II but the respondents left out the 1 st and 2nd applicants. If selection was conducted based on seniority cum suitability, the 1 st and 2nd applicants were next senior most, they would have been promoted as Trackmen I in the GP of Rs.2800. Therefore the applicants gave their representations to the 7 th respondent on 13.05.2014. While so, the 1st respondent issued a corrigendum to Indian Railways Permanent Way Manual with regard to the 5 OA 1961/2014 duties of Track Maintainers in Grade I to Grade IV on 22.09.2014 to all the General Manager of the All India Railways wherein, categories of Mate and Keyman are redesignated as Track Maintainer Grade I in GP of Rs.2800. But the said order dated 22.09.2014 has not yet been implemented and hence he has filed this OA seeking the following relief:
"To direct the respondents to implement the order No.2010/CE-I(Spl)/GNS/15/Pt.I dated 22.09.2014 and promote the applicants as Track Maintainer I with Grade Pay of Rs.2800 with seniority, arrears and all other consequential benefits."
3. After notice the respondents have entered appearance through their counsel and filed their counter to the OA and opposed the relief prayed in the matter. The respondents have submitted that the mode of promotion to the higher grades of Rs.1900 and Rs.2400 are by means of seniority and the applicants who are far below in the ladder of seniority are not entitled to be promoted ahead of their seniors. They have also denied the statement of the applicants that they have been promoted as Keymen. It is a promotion but they were given the said posting in the same Grade Pay only. Posting given to the Keyman as a Gangmate is promotion since it involves placement of the employees in a higher Grade Pay whereas the posting of Trackman as Keyman is not a promotion since there is no change in the Grade Pay. Similarly, the posting given to the Keyman as a Gangmate is a promotion and the posting of the applicants is not a promotion. Mere mentioning of the posting as a promotion does not amount to that for the reason that there is no placement of the employers on the higher Grade Pay. It is also contended that the order dated 22.09.2014 is an order issued by the Railway Board and it is not a specific order for the applicants herein. Further, it is mentioned that the Railway Board's order dated 17.08.2012 was issued for restructuring 6 OA 1961/2014 the cadre of Trackman and the percentage of distribution given therein was further revised accepting the demands of the recognised federations of the employees vide Railway board Letter No. 2012/CE-I/GNS/20 dated 01.04.2014.
4. To counter the reply statement, the applicants have filed rejoinder and refuted the averments made by the respondents specifically contending that the respondents have admitted that the applicants are serving as Keymen in the Civil Engineering Branch of Madurai Division of the Southern Railway. The respondents also admits that the post of Keyman is the promotion post for the post of Gangman/Gatekeepers, Senior Gangman. The respondents also admit that the post of Keyman is having next promotional avenue of the post of Gangmate. The applicants have also contended that by the counter the respondents have explained the avenue of promotion to the post of Keyman. Therefore the applicants contended that whatever may be position of the post of Keyman, during cadre redesignation of the post, the applicants were not considered as Keymen and it is their only grievance. It is also contended that if they were considered along with other Keymen in the implementation of cadre redesignation, their seniority and Grade Pay would have been fixed properly. Hence, their grievances were very basic grievances and the aspect of the basis of promotion to higher grades is not relevant to their claim. It is also contended by the applicants that though the respondents relied upon the order dated 13.08.2013, however, they failed to look into the further order No.2010/CE-I(spl)/ND/15/PT.I dated 22.09.2014 issued to all the General Managers of All India Railways rearranging the staffing pattern of the order dated 17.08.2012 with a direction to reorganise Trackman categories by redesignating the categories of Mate and Keyman as Track Maintainer Gr.I in the Grade Pay of Rs.2800. The relevant portion of the order dated 7 OA 1961/2014 22.09.2014 is extracted herein below:
"1.Ministry of Railways have already approved re-organisation of staffing pattern of Trackmen to Track Maintainers Grade-I, II, III & IV on Indian Railways vide Railway Board's letter No.2010/CE- I(spl)/GNS/15(pt.) dated 17.08.2012.
2.In pursuance to above, Board (ME) have approved duties of such re-organised Trackmen categories under Engineering Department as under
(i)categories of Mate and Keyman are re-designated as Track Maintainer Gr-I in Grade Pay of Rs.2800.
(ii)Categories of Gangman/Trackman/Gateman/Trolleyman/ P.way Watchman are redesignated as Track Maintainer Gr.II (GP Rs.2400). Track Maintainer Gr.III (GP Rs.1900) and Track Maintainer Gr.IV (GP Rs.1800)..."
5. It is also submitted by the learned counsel for the applicants that the 5th respondent have tried to fix the seniority of the applicants based on the transfer to the Madurai Division which is not at all relevant to the case. Therefore the statement made by the 5 th respondent that Keyman appointment is not a promotion is incorrect. It is also to be noted that with regard to the statement made by the respondents in their counter that the corrigendum dated 22.09.2014 is not relevant to the applicants because it is not issued for the applicants, it is stated that the said corrigendum was issued by the Ministry as a circular issued to all the General Managers of the Railways. Therefore every unit of the Railway Board is bound by the said order and all the Divisions of the Railway across the country have complied with the same. To support the same, the applicants have relied upon the orders passed by the Tribunals in the matter of similarly situated persons. The applicants have specifically relied upon para 4 of the corrigendum dated 22.09.2014 which is extracted hereunder:
"4.It is further clarified that in each unit of SSE(P.Way), senior person posted as Track Maintainer Gr.I will perform the existing duties of Gangmate and the junior persons in Track Maintainer Gr.I will be 8 OA 1961/2014 assigned the existing duties of Keyman."
6. The applicants have also relied on the order of the Hon'ble High Court of Madras in WP No.10208/2018 wherein the Hon. High Court has set aside the order of this Tribunal in OA 806 of 2015 dated 29.09.2016 dismissing the claim of the similarly situated person like the applicant and partly allowing the writ petition. Paras 7 & 8 of the said order is reproduced as under:-
"7. Admittedly the petitioner was a Keyman during the year 2013 and consequently cleared the Refresher Course for Keyman vide certificate issued by the Southern Railway Divisional Permanent Way Training Centre, Madurai. In the Office Order No.264/WP/2013 issued by the Assistant Personnel Officer (M & E), the petitioner is in S.No.79 shown as Trackman and working as Trackman. It is to be noted at this juncture that categories of Trakman/Trollyman/Gateman/Watchman/Keyman in Civil Engineering Department (P.Way) in Pay Band Rs.5200- 20200(PB-1) with grade pay Rs.1800 and Gangmate in the same pay band (PB-I) with Grade pay Rs.1,100/-
working under SSE/P, Way/SVKS have been clubbed and redesignated. Thus, therefore at that point of time, the petitioner would not have any grievance. However the Railway Board in the communication dated 22.09.2014 bearing No.2010/C-I(Spl)/GNS/15/Pt.I has issued a corrigendum and it is relevant to extract the same:
1.Ministry of Railways have already approved reorganization of staffing pattern of Trackmen to Track Maintainers Grade-I,II, III and IV on Indian Railways vide Railway Board's letter no.2010/CE-I (SPL)/GNS/15 (pt) dated 17.08.2012.
2.In pursuance to above, Board (ME) have approved duties of such reorganised trackmen categories under Engineering Department as under:
(i) categories of mate and keyman are re-
designated as Track Maintainer Gr.I in Grade pay of Rs.2800.
(ii):categoriesofGangman/Trackman/Gateman/ Trolleyman/P.way watchman are re-designated as Track Maintainer Grade II (Grade pay Rs.2400), Track Maintainer Grade III (Grade Pay of Rs.1800).
3.Therefore, the existing duty / assignments, as mentioned in various chapters of IR P.Way manual w.r.t the categories of mate, keyman, gangman, Tackman, Gateman, Trolleyman, P.Way Watchman will accordingly be applicable for Track Maintainers Gr.I, Gr.II, Gr.III and Gr.IV, 9 OA 1961/2014 as detailed in para 2 above. 4. It is further clarified that in each unit of SSE (P.Way), seniro person posted as Track Maintainer Gr.I will perform the existing duties of Gangmate and the junior persons in Track Maintainer Gr.I will be assigned the existing duties of Keyman.
If the petitioner was designated as Keyman in the above cited office order, he would have got the benefit of corrigendum of Railway Board dated 22.09.2014 and got re-designated as Track Maintainer (grade I in the grade pay of Rs.2,800/- and on the result of the fact that he was shown as a Trackman in the above cited office order, he lost the benefit of said corrigendum.
8. In the result, the writ petition is partly allowed and the impugned order passed by the Central Administrative Tribunal, Madras Bench in O.A.No.310/00806/2015 dated 29.09.2016 is set aside and the respondents 5 to 9 are directed to apply the corrigendum dated 22.09.2014 by the Government of India, Ministry of Railways, (Railway Board) bearing No.2010/CE-I(Spl)/GNS/15/Pt.I and redesignate the petitioner as Track Maintainer Grade I in the Grade Pay of Rs.2,808 and confer him the consequential monetary and other benefits with effect from the date of said corrigendum dated 22.09.2014 and the said exercise is to be carried out within a period of 12 weeks from the date of receipt of a copy of this order and necessary communication in this regard shall also be sent to the petitioner. No costs."
The said order has been challenged by the respondents before the Hon. Supreme Court in SLP (Civil) Dy.No.28554/2020. The Hon. Supreme Court dismissed the appeal with cost of Rs.25000. The Hon. Supreme Court vehemently condemned the action of the respondents and directed them to implement the order of the High court. The relevant portion of the Supreme Court order is extracted as under:-
"The Special Leave Petition is dismissed as time barred in terms aforesaid Pending application stands disposed of A copy of this order be placed before the Chairman, Railway Board, Government of India cautioning that any non- adherance with the aforesaid order within timeline would result in appropriate proceedings being initiated against the Chairman himself."
Hence the order has attained finality.
10 OA 1961/2014
7. Heard both the counsels and perused the records of OA.
8. It is to be noted that admittedly the respondents relied upon the order dated 13.08.2013, however, they failed to look into the further order No.2010/CE-I(spl)/ND/15/PT.I dated 22.09.2014 issued to all the General Managers of All India Railways rearranging the staffing pattern of the order dated 17.08.2012 with a direction to reorganise Trackman categories by redesignating the categories of Mate and Keyman as Track Maintainer Gr.I in the Grade Pay of Rs.2800. The relevant portion of the order dated 22.09.2014 is extracted herein below:
"1.Ministry of Railways have already approved re- organisation of staffing pattern of Trackmen to Track Maintainers Grade-I, II, III & IV on Indian Railways vide Railway Board's letter No.2010/CE-I(spl)/GNS/15(pt.) dated 17.08.2012.
2.In pursuance to above, Board (ME) have approved duties of such re-organised Trackmen categories under Engineering Department as under
(i)categories of Mate and Keyman are re-designated as Track Maintainer Gr-I in Grade Pay of Rs.2800.
(ii)Categories of Gangman/Trackman/Gateman/Trolleyman /P.way Watchman are redesignated as Track Maintainer Gr.II (GP Rs.2400). Track Maintainer Gr.III (GP Rs.1900) and Track Maintainer Gr.IV (GP Rs.1800)..."
In the counter also the respondents have narrated the policy of promotion in detail andalso admitted that the applicants are serving as Keymen in the Civil Engineering Branch of Madurai Division of Southern Railway. It is to be noted that the Railway Board issued two orders in connection with restructuring of cadres. As per the order dated 17.08.2012 Trackman, Watchman, Gangman and Keymen were to be redesignated as Track Maintainer II to IV and the post of Gangmate are to be promoted as Track Maintainer-I. But the post Keyman is a special post for which they have to successfully undergo special training. Those who hold the post of Trackman, 11 OA 1961/2014 Watchman, Gangman would be given option to become Keyman. Only those who become Keyman are available with further promotional opportunities to the post of Gangmate and other further promotions, otherwise they will remain in the post of Trackman, Gangman, Watchman till their superannuation. Though the scale of pay of the post of Keyman is equal to Trackman, Watchman and Gangman, the duties and responsibilities are similar to the post of Gangmate. Therefore, taking into consideration of the similarities in the duties and responsibilities of the post of Keyman and Gangmate the Railway Board issued another order dated 22.09.2014 clarifying to restructure the posts of Gangmate and Keyman as Track Maintainer I. The 7th respondent which implemented the method incorporated in the order dated 22.09.2014, left the applicant for the reason that he was promoted as Keyman after 17.08.2012. A similar issue was raised by R.Jayasankaran and Karupaiah in OA 806/2015 before this Tribunal which was dismissed by order dated 24.09.2013. The said order was challenged by the applicants therein before the Hon'ble High Court of Madras in WP No.10208/2018 which passed the following order on 05.09.2019:
"To apply the corrigendum dated 22.09.2014 by the Government of India, Ministry of Railways, (Railway Board) bearing No.2010/CE-I(Spl)/GNS/15/Pt.I and redesignate the petitioner as Track Maintainer Grade I in the Grade Pay of Rs.2,808 and confer him the consequential monetary and other benefits with effect from the date of said corrigendum dated 22.09.2014 and the said exercise is to be carried out within a period of 12 weeks from the date of receipt of a copy of this order."
9. Our attention has been drawn to the duties and responsibilities of the Trackman, Gangman, Watchman, Trolleyman, & Keyman & Gangmate and the position before the cadre restructuring and after cadre restructuring and after issue of corrigendum to the cadre restructuring. It is to be noted that 12 OA 1961/2014 the applicants' cases are squarely covered by the order passed by the Hon. High Court of Madras which has been upheld by the Hon. Supreme Court of India as stated above in Para 6 of this order. Therefore in our considered view, the applicants are entitled for similar relief. Therefore the action of the respondents in declining the benefit of the said corrigendum dated 22.09.2014 to the applicants, is declared illegal. In the result the OA is allowed with a direction to the respondents to implement the corrigendum dated 22.09.2014 and to promote the applicants to the post of Track Maintainer I in the Grade Pay of Rs.2800 and confer seniority. The above said exercise shall be carried out within a period of three months from the date of receipt of a certified copy of this order. OA is allowed as above. No order as to costs.
(Lata Baswaraj Patne) (T. Jacob) Member (J) 30.06.2022 Member (A) MT