Central Administrative Tribunal - Delhi
Sohan Lal vs M/O Railways on 22 August, 2024
1
OA No. 1003/2021
Item No.96 (Court no. 5)
Central Administrative Tribunal
Principal Bench, New Delhi
OA No. 1003/2021
This the 22nd day of August , 2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Sh. Sohan Lal, aged 70 years, S/o Sh. Ram Adhar, Retired STE
NC Railway Aligarh Junction, Presently R/o H.No. B-116,
Gali No. 5, Nehru Bihar, Near Govt. School, Karawal Nagar,
New Delhi-94.
.........Applicant
(By Advocate : Mr. Yogesh Sharma)
Versus
1. Union of India, Through the General Manager, North Center
Railway, Allahabad
2. The Divisional Railway Manager, North Center Railway,
Allahabad
...Respondents
(By Advocate : Mr. L.C. Singhi )
2
OA No. 1003/2021
Item No.96 (Court no. 5)
O R D E R (ORAL)
Hon'ble Mr. Manish Garg, Member (J) By virtue of the present OA, the applicant seeks the following relief(s):
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated dated 13.1.2020 (Annex.A/1) declaring to the effect that the action of the respondents not considering the case of the applicant for granting second financial upgrdation w.e.f. 9.8.1999 in the scale of Rs.
4000-6000 is illegal, arbitrary and discriminatory and consequently pass an order directing the respondents to consider and to grant the grant the second financial upgradation to the applicant under ACP scheme w.e.f. 9.8.1999 in the scale of Rs. 4000-6000 as a consequential benefits of Railway Board circular dt.24.2.2012 with all the consequential benefits including arrears of difference of pay and allowances and revision of retirement benefits with consequential monetary benefits with arrears and with interest.
(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation."
2. The learned counsel for the applicant has drawn attention to a chart that depicts the exact status of the applicant's employment, including his benefits under the ACP and MACP schemes, as well as promotional avenues. The chart reads as follows:- 3 OA No. 1003/2021
Item No.96 (Court no. 5)
3. The learned counsel for the applicant contends that, based on the Railway Board circular dated 24.02.2012, the pay scale of the post of Coach Attendant was upgraded to ₹260-400, which was equivalent to the Ticket Collector's pay scale of ₹260-400. Therefore, the promotion from Coach Attendant to Ticket Collector, being in the same pay scale, should be ignored for the purpose of the ACP scheme. As such, the applicant is entitled to a second financial upgradation upon completing 24 years of service as of 09.08.1999, to the pay scale of ₹4000-6000, which is the next promotional post of Senior Ticket Collector.
4. Accordingly, the applicant is entitled to financial upgradation in the pay scale of ₹4000-6000 with effect from 09.08.1999, after completing 24 years of service. In fact, what the applicant is seeking is the ante-dating of the second ACP under Grade Pay 4600/-.
5. The applicant further relies on the decision rendered by the Hon'ble Apex Court in the matter of Union of India & Ors. Vs. All India Shramik & Coach Attendants Association & Ors., with the relevant paragraph of the judgment reading as follows:-
"The appellants (for short 'the Railways') in this appeal, by special leave, have challenged the judgment and order dated February 7, 2008 passed by the High Court of Delhi. The High Court, by the impugned judgment and order, allowed the Writ Petition filed by the prosent rospondents (for short the employees') and held that they were entitled for placement in the pay scale of Rs.110-180/- since 1960 and the scales revised from time to time by various Pay Commissions.
It categories appears that, of prior to 1960, attendants, namely coach attendants, passenger attendants, passenger attendants (A.C. Coaches), Air Condition coach attendants and Air Condition passenger attendants. In 1960, all these categories stood abolished and they were designated as passenger attendants Grade-I in the pay scale of Rs.110-180/-- The employees, who were coach attendants prior to 1960 were, however, treated in the pay scale of Rs.75-89 as Class-IV/Group-D employees. They were aggrieved by the action of the Railways and had approached this Court under Article 32 of the Constitution of India. This Court referred the issue and claim of the respondents to the Central 4 OA No. 1003/2021 Item No.96 (Court no. 5) Government Industrial Tribunal (for short 'the C.G.I.T.') vide its order dated March 8, 1988. Pursuant thereto the C.G.I.T. considered the matter and submitted its report to this Court on December 7, 1989 accepting the case of the employees that there was omission on the part of the railways to not to have given the designation of passenger attendant Grade-I in the scale of Rs.110-189 to them."
6. Learned counsel for the respondents opposes the grant of relief and relies on the contentions made in the counter reply. It is specifically urged by the counsel for the respondents states that:-
"11. Para-4.5. In reply to the contents, it is most respectfully submitted that the applicant was initially appointed on 12/07/1971 as Substitute Lamp Man and he was promoted to the post of Coach Attendant with effect from 20/09/1978 in the pay scale of Rs. 200-
250. This was the first promotion in case of the applicant. The post was thereafter upgraded in the pay scale of Rs. 260-400/- and the benefit of upgradation has been provided to the applicant. This pay scale was revised as 950-1500 with effect from 01/01/1986 as per the recommendations of the Fourth Pay Commission and again revised as Rs. 3050-4590 as per the recommendations of the Fifth Pay Commission. The applicant was selected for the post of Ticket Collector, which is a promotional post in the same pay scale of Rs. 3050-4590/-. The applicant was thereafter promoted as Senior Ticket Inspector in the Pay Scale of Rs. 5200-20,200/- in Grade Pay of Rs. 2400 with effect from 04/08/2008, which has Collector from the Post of Coach Attendant, is a mere transfer. The contentions of the applicant raised in this regard are without any basis whatsoever and cannot as such be accepted."
7. The learned counsel for the respondents also refers to and relies upon the OM circular dated 10.06.2009, particularly Clauses 8, 9, and 10 "8. The scheme would be operational w.c.f. 01.09.2008. In other words, financial upgradations as per the provisions of the earlier ACP Scheme (of October, 1999) would be granted till 31.08.2008.
9. No stepping up of pay in the Pay Band or Grade Pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.
5OA No. 1003/2021 Item No.96 (Court no. 5)
10. It is clarified that no past cases would be re-opened. Further, while implementing the MACP Scheme, the differences in pay scales on account of grant of financial upgradation under the old ACP Scheme (of October 1999) and under the MACP Scheme within the same cadre shall not be construed as an anomaly."
8. In rejoinder to the arguments put forth by the learned counsel for the respondents, the counsel for the applicant relies upon the clarification provided in Annexure A/6.
9. Having heard the learned counsel for the parties and perused the record.
Analysis
10. To adjudicate the applicant's case, we refer to and rely upon the Ministry of Railways circular No. PC-III/2008/CTC-II/1 dated 24.12.2012.
11. In compliance with the said circular, the applicant was accorded benefits. However, the dispute remains as to whether the applicant is entitled to a second financial upgradation under the ACP Scheme and in which Pay Band--whether it should be ₹4000-6000 or if it was appropriately granted in the ₹3050-4590 scale. 11.1. We also refer to the OM clarification dated 10.02.2000, which has been highlighted above. The denial of the applicant's claim is based solely on the premise of an OM dated 10.06.2009, which, in any event, is not applicable to the facts and circumstances of the present case, as it pertains to the grant of financial benefits under the MACP scheme. It is undisputed that the present case pertains to the ante-dating of the ACP, which should be considered as of the date of the applicant's retirement. 6 OA No. 1003/2021 Item No.96 (Court no. 5)
12. Taking a holistic view of the matter, as well as considering the relevant rule positions in terms of the RBI circular dated 24.02.2012 and the associated clarification, we have no doubt that the applicant was entitled to higher financial upgradation in the pay band of ₹4000-6000 with effect from 09.08.1999, after completing 24 years of service. For this purpose, the pay scale applicable to the Coach Attendant on promotion (₹260-400) and the initial pay scale for Ticket Collectors (₹260-400) have to be ignored.
13. Accordingly, we set aside and quash the impugned order dated 13.01.2020 and direct the respondents to re-fix the applicant's pay in light of the aforementioned clarification issued by the DOPT on 10.02.2002. This exercise shall be completed, and an appropriate order of re-fixation shall be passed by the Competent Authority within three months from the date of receipt of a certified copy of this order.
14. In view of the above, the present OA stands disposed of. No costs.
(Dr. Anand S Khati ) (Manish Garg )
Member (A) Member (J)
/ARTI/