Punjab-Haryana High Court
Agia Ram And Others vs Union Of India And Others on 24 August, 2011
CWP No. 9581-CAT of 2011 -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CWP No. 9581-CAT of 2011
Date of Decision: August 24, 2011
Agia Ram and others ...Petitioners
Versus
Union of India and others ...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE GURDEV SINGH
Present: Mr. Sarjit Singh, Sr. Advocate with
Mr. Jagdev Singh, Advocate
for the petitioners.
Mr. Puneet Jindal, Advocate
for the respondents..
1. To be referred to the Reporters or not? Yes
2. Whether the judgment should be reported
in the Digest?
M.M. KUMAR, J.
1. The instant petition filed under Article 226 of the Constitution challenges judgment dated 19.10.2010 (P-25) passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity 'the Tribunal').
2. It is appropriate to mention that some of the petitioners have retired during the period from 01.01.1986 to 31.12.1995, whereas some other have retired between the period i.e. 30.04.1996 and 30.09.2003. Their claim before the Tribunal was that they be given the benefit of revised pay scale of ` 5000-8000 and their pension be CWP No. 9581-CAT of 2011 -2- accordingly computed. The basic reason in support of their claim as projected before the Tribunal is clear from the letter dated 01.11.2003, which talks of restructuring of Group 'C' staff in terms of letter dated 09.10.2003 issued by the Railway Board and circulated on 16.10.2003. It would be appropriate to read the aforesaid letter in extenso:
"As a result of restructuring of Group "C"
staff in terms of Railway Board's letter No. PC-III/2003/ CRC/ 6 dated 9.10.2003 circulated vide GH(P)/ NDLS's P.S. No. 11466/97/ PC-I/ 179 dated 16.10.2003, the post of Supervisors (erst while Mistries) holding ` 4500-7000 + 100/- Spl. Allowance have been upgraded to the post of Junior Engineer-II in pay scale of ` 5000-8000.
(Emphasis added)
Consequent upon the above the
following supervisors JUD-KLK Workshop of Mechanical Deptt. are designated as Jr. Engineer-II and their pay is fixed as under as shown against each in grade ` 5000-8000 from the dates mention below:
xx xxx x x x x x xxxx This has approval of the competent Authority. Note:
1. The promotion of item No. 01 to 03 of CBCR and item 1 of the Welder and item No. 1 of Black Smith trade are w.e.f. 1.11.2003 and all the remaining promotions are with immediate effect.
2. The staff on above promotion are allowed to opt their pay fixed under Rule CWP No. 9581-CAT of 2011 -3- 1313-FR-22C-R-II from the date of their promotion or under the same rule from the date of their next increment in the lower grade which ever is beneficial to them. Such options should be submitted to this office within one month from the date of issue of this notice. This may be got noted from the staff concerned under their clear signatures and acknowledgments so received be sent to this office for further action on the following proforma.
PROFORMA FOR OPTION
a) I hereby opt to fix my pay on promotion in higher grade from the date of my actual promotion.
b) I hereby opt to fix my pay on promotion in higher grade from the date of accural of next increment in lower grade.
2. The above promotions are made as a result of restructuring of the cadre of Technical Supervisors of JUD-KLK shops w.e.f. 1.11.2003."
3. A perusal of the aforesaid letter would show that the post of Supervisor/ erstwhile mistry in the pay scale of ` 4500-7000 + 100 special allowance has been upgraded to the post of Junior Engineer-II in the pay scale of ` 5000-8000. The effect of restructuring was that the nomenclature of the post of Mistry-cum-Supervisor had undergone changed and it came to be known as Junior Engineer-II in the pay scale of ` 5000-8000/
4. Mr. Sarjit Singh, learned Senior counsel has also CWP No. 9581-CAT of 2011 -4- invited our attention to letter dated 04.06.2001 (P-20) addressed by the Government of India to the General Manager, Northern Railway and paras (iv), (v) and 2 talk of improvement in pay scale of Artisan Staff and the decision taken by the Ministry of Railway with the Government. In the aforesaid para, following table has been quoted, which is extracted for ready reference:
Grade IV CPC Scale Normal Revised V Revised Scale CPC Scale finally allotted.
Skilled Gr. III 950-1500 3050-4590 3050-4590 Skilled Gr. II 1200-1800 4000-6000 4000-6000 Skilled Gr. I 1320-2040 4000-6000 4500-7000 Mistry 1400-2300 4500-7000 4500-7000+ Spl.
Allowance @ Rs.
100 p.m. Master 1400-2300 5000-8000 5000-8000 Craftsman JE-II 1400-2300 5000-8000 5000-8000
(v) It may be noted that Mistries have been granted a special allowance of Rs. 100 per month in recognition of their supervisory status vis-a-vis skilled grade I. Their pay scale, however, is lower as compared to Junior Engineer Grade II. Allotment of pay scales as above to the Mistries took note of the Supreme Court's directive that the supervised and the Supervisors should not be in the same scale of pay.
2. On demand from the recognised staff Federations, a proposal for upgradation of the CWP No. 9581-CAT of 2011 -5- posts of Mistries is under consideration of the Railway Board, in consultation with the Staff Federations."
4. From the aforesaid facts, it is clear that the post of Mistry-cum-Supervisor has acquired new name of Junior Engineer-II, which was also in the same scale of ` 1400- 2300, in the pre-revised pay scale. However, the case of the respondent was that on the restructuring the pay scale granted to the post of Junior Engineer-II because it would be available only to the Mistry-cum-Supervisor who are working as such and has enjoyed the designation of Junior Engineer- II.
5. Having heard learned counsel for the parties, we are of the considered view that once the post of Mistri-cum- Supervisor has acquired a new nomenclature and it has also been given higher scale of pay then the cosmetic cover which has been put forward by the respondent cannot be permitted to hide the real face of the erstwhile Mistri/ supervisor. For all instants and purposes, they would all be treated as Junior Engineer-II. Once the pay scale of the post of Mistri/ supervisor is deemed to be revised then their pension is also be required to be re-fixed w.e.f. 1.11.2003.
6. As a sequel to the above discussion, the writ petition is allowed. The judgment of the Tribunal is set aside. It is directed that respondents shall re-fix the pay of the CWP No. 9581-CAT of 2011 -6- petitioners in the pay scale of ` 5000-800 by treating them under new nomenclature given to the post of Mistry-cum- Supervisor i.e. Junior Engineer-II. Accordingly, their pension be revised w.e.f. 01.11.2003. However, arrears of pension shall be confined to three years from the date preceding the date of filing of the original application i.e. November, 2009.
7. Let needful be done within three months from the date of receipt of a certified copy of this order.
(M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE August 24, 2011 Atul