Patna High Court - Orders
The Union Of India vs Dinesh Kumar on 23 October, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9674 of 2024
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The Union of India
... ... Petitioner/s
Versus
Dinesh Kumar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
Mr. Mayank Mohan, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
5 23-10-2024Pursuant to our previous order, comparative Chart has been furnished in the open Court. Perusal of the same, it is admitted fact that contesting Respondents are seniors to one Dhirendra Mani Tiwari. For example, Subodh Poddar, one of the contesting Respondents was promoted to the post of Chief Loco Inspector on 24.11.2015. On the other hand, Dhirendra Mani Tiwari, who is junior to Subodh Poddar was promoted to the post of Chief Loco Inspector on 03.01.2018. By virtue of 7th Pay Revision, Dhirendra Mani Tiwari has been extended higher pay than his senior Subodh Poddar. In this regard, prima facie, there is a pay anomaly among the senior and junior.
2. Learned counsel for the petitioners is relying on internal communication bearing No. RBE No. 133/2019, dated Patna High Court CWJC No.9674 of 2024(5) dt.23-10-2024 2/3 16.08.2019 issued by the Joint Director/E(P&A) Railway Board. It is submitted that this communication dated 16.08.2019 stipulates various conditions for the purpose of setting right the issue of pay anomalies among the senior & junior to that of junior vice versa. If the senior has been denied the benefit of pay on par with his junior in that event he is required to fulfill certain condition, which has been narrated in the communication dated 16.08.2019, this has not been appreciated by the CAT.
3. The learned counsel for the petitioner is hereby directed to apprise as to what is the source of power for the Joint Director for issuance of such communication. Further, whether this has been circulated among the employees or not so as to make aware the policy decision by means of communication dated 16.08.2019 issued by the Joint Director, Railway Board.
4. Re-list this matter on 20.11.2024.
5. In the meanwhile, petitioner is also hereby directed to furnish method of recruitment to the post of Chief Loco Inspector in order to ascertain source cadres are more than one to the extent that Subodh Poddar before promotion to the post of Chief Loco Inspector. He was in the cadre of Loco Pilot Passenger, on the other hand, Dhirendra Mani Tiwari was in the Patna High Court CWJC No.9674 of 2024(5) dt.23-10-2024 3/3 cadre of Loco Pilot Mail. Whereas pay scale of the feeder cadre are different and in such an event, how the inter-seniority of the feeder cadre is fixed, like a cadre carries higher pay scale person would be placed over and above the person who is in the lower scale.
(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) manish/-
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