Central Administrative Tribunal - Hyderabad
Tv Ramana vs M/O Railways on 23 July, 2021
OA 499 of 2015
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH::HYDERABAD
OA/020/499/2015 with MA No.020/495/2020,
MA 31/2017 &MA 445/2021
CAV on: 12.07.2021
Order pronounced on : 23.07.2021
Hon'ble Mr. Ashish Kalia, Judl. Member
Hon'ble Mr. B.V. Sudhakar, Admn. Member
1. T.V.Ramana, S/o.Venkata Subbaiah, Aged 48 Years,
Occ: Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
2. K.Arjuna Rao, S/o.Mallikarjuna Rao, Aged 50 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
3. T.Satya Vara Prasad, S/o Ram Prasad, Aged 49 Years,
Occ: Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
4. P.Venkateswarlu, S/o.Basava Lingam, Aged 48 Years,
Occ: Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
5. D. Mallikarjuna Rao, S/o.Adinarayana, Aged 48 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
6. Y.V.S.R.K.Madhava Rao, S/o.Raghavendra Rao, Aged 48 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
7. B.Hanumantha Rao, S/o.Koti Lingam, Aged 48 Years,
Occ: Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
8. P.Kali Prasad, S/o.Babu Rao, aged 54 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
9. M.Raghunath, S/oPrabhakaraRao, Aged 54 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
10. J.Venkateswara Rao, S/o.Koteswara Rao, Aged 47 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
11. V.V.Munaiah, S/o.Peddulu, Aged 49 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
12. B.Gangadhar Rao, S/o.Sankaraiah, Aged 49 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
OA 499 of 2015
13. M.Stalin Babu, S/o.Koteswara Rao, Aged 47 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
14. A.S.Ravindra, S/o A.H. Mallikarjuna Rao, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
15. M.Srinivasa Rao, S/oAdinarayana, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
16. K.Ravi Sankar, S/o K.B. Prakasa Rao, Aged 45 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
17. A.Chandra Mohan, S/oSubba Rao, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
18. V.S.Ravi Chandra, S/oHanumantha Rao, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
19. V.A.N.Suresh Kumar, S/o.Penta Rao, Aged 40 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
20. M.Srinivasa Raman, S/o. Nageswara Rao, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
21. N.Surya Rao, S/o. Satyanarayana, Aged 38 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
22. V.Someswara Rao, S/o Rama Rao, Aged 41 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
23. S.J.S.Chintamani, S/o.S.V.R.Subrahmanyam, Aged 46 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
24. G.Krishna Mohan, S/o.Arjuna Rao, Aged 45 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
25. M.Suresh Kumar, S/o Rama Swamy, Aged 45 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
26. L.Srinivas, S/o.Seshu, Aged 44 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
27. B.H.T.Shivaji Raju, S/o.Satyanarayana Raju, Aged 40 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
28. V.Chandra Seckhar, S/o V.P.A. Narasimham, Aged 38 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South CentralRailway, Vijayawada.
OA 499 of 2015
29. P.Ravi Sankar, S/o.Madhava Rao, Aged 44 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
30. P.V. Suresh Kumar, S/o.Sunarajoga Rao, Aged 42 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
31. J.Sridhar, S/o.Satyanarayana, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
32. S.Chandra Sekhar, S/o.Punnaiah, Aged 40 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
33. T.SeethaRamu, S/o.Atchanna Dora, Aged 39 years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
34. K.Venkata Ramana, S/o.Satyanandan, Aged 38 years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
35. P.Vasudeva Rao, S/o Rama Rao, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
36. S.Srinivas, S/o. Nrasimha Murthy, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
37. A.Veera Babu, S/o.Bulli Raju, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
38. G.Veerabhadra Rao, S/o.Subba Rao, Aged 40 Years,
Occ: Loco Pilot(Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
39. G.Audinarayana, S/o.Appa Rao, Aged 40 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
40. B.Jagadeshwara Rao, S/o Guru Murthy, Aged 39 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
41. Ch.Ananda Rao, S/o Vishnu Murthy, Aged 40 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
42. R.Suresh, S/o R.V. Pandu Ranga Rao, Aged 45 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
43. B.Gajapathi Rao, S/o.Appa Rao, Aged 40 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
44. K.Suresh Kumar, S/oVenkata Ratnam, Aged 44 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
OA 499 of 2015
45. S.V.Ramana Rao, S/o Koteswara Rao, Aged 44 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
46. Kotte. Srinivasa Rao, S/o Venkateswarlu, Aged 41 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
47. Ch.Girish Dutt, S/o. Kabir Das, Aged 43 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
48. P.Satyanarayana Raju, S/oVenkat Raju, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
49. Y.Venkata Ramana, S/oAppala Raju, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
50. G.V. SambasivaRao, S/OBabuRao, Aged 41 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
51. K.Lakshmanarao, S/O. Srihari, Aged 42 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
52. Y.Sankara Rao, S/O. Gopala Rao, Aged 40 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
53. P.Pratap Kumar, S/O.Venkateswara Rao, Aged 42 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
54. V.VenkataRao, S/O.Guravaiah, Aged 44 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South CentralRailway ,Vijayawda.
55. K.Phani Kumar, S/o.Nageswara Rao, Aged 43 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
56. Md.Abdul Ghouse, S/o. M.A.Gafoor, Aged 43 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
57. N.SrinivasaRao, S/O.Chandaraiah, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
58. L.Subhakara Rao, S/O.Nageswara Rao, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
59. S.Ganesh, S/O Samba Murthy, Aged 51 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
60. J.AnilSekhar, S/O Raja Rao, Aged 46 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
OA 499 of 2015
Traction, South Central Railway, Rajahmundry.
61. B.Y.Srihari, S/O.Lakuvudu, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
62. Y.SatyaPrakash, S/O Y.L.N. Murthy, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
63. SK. Karimullah Saheb, S/O.Mahaboob Saheb, Aged 44 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
64. P.Ramana, S/O.Bangaraiah, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
65. SD.Mastan Basha, S/o Syed Salar, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Diesel, South CentralRailway , Vijayawada.
66. P.V.Gopala Rao, S/OVeera Bhadraiah, Aged 47 years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway , Vijayawada.
67. M.Madanna, S/O.Naganna, Aged 52 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway , Vijayawada.
68. M.V.S. Narayana Rao, S/O Surya Rao, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
69. V.Ram Babu, S/O. Suryanarayana, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
70. M.Chandra Sekhar Rao, S/O.Arjun Rao, Aged 47 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Diesel, South Central Railway, Vijayawada.
71. K.Sudhakara Rao, S/O. Kondaiah, Aged 42 Years,
Occ: Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
72. G.Prabhakar Rao, S/O Kama Raju, Aged 38 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
73. D.Bala Swamy, S/O.Souranna, Aged 46 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway , Vijayawada.
74. S.V.R. Prasad, S/O S.V. Suryanarayana, Aged 40 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
75. Y.H.S.Chakravarthy, S/ORamaiah, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
76. N.RatnaRaju, S/O Ebenezer, Aged 48 Years,
OA 499 of 2015
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
77. P.Suneel, S/O.Dayanandam, Aged 45 Years,
Occ:Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
78. D.Krupanidhi, S/OYesu Ratnam, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
79. K.Ramesh, S/O Tata Rao, Aged 39 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway , Vijayawada.
80. B.Ramesh, S/O Krishna Murthy, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
81. G.Ravi Kumar, S/OLakshmaiah, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway ,Bitragunta.
82. P.Sudhakar, S/OBabuRao, Aged 45 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
83. D.Srinivas, S/OMadhavaRao, Aged 43 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
84. U.AppaRao, S/ORajulu, Aged 44 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
85. T.Konda Babu, S/o. Nooka Raju, aged 37 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
86. U.Venkateswararao, S/oNarasimha Murthy, Aged 43 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
87. B.Bala Krishna, S/O.Venkaiah, Aged 38 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway ,Bitragunta.
99. K.K.V.S.SarathBabu, S/OVeerabhadraRao, Aged 39 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
89. M.V.Laxmi Naryana, S/O.Gurumurthy, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
90. S.Rama Durga Rao, S/O.Panakalu, Aged 42 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
91. J.SitaRamaiah, S/O Rama Murthy, Aged 42 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
OA 499 of 2015
92. A.F.Vanhaltran, S/O. F.Vanhaltran, Aged 57 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
93. B.Manu, S/O. B.W.Charles, Aged 53 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
94. J.SatyaRao, S/O. Satyanarayna, Aged 55 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Rajahmundry.
95. U. Govinda Rajulu, S/O Jaya Ramulu, Aged 40 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Diesel, South Central Railway, Vijayawada.
96. K.Siva Sankar, S/O. K.A.N.Rao, Aged 41 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
97. P.Naresh Kumar, S/O Soma Raju, Aged 42 years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Rajahmundry.
98. M.V.V. Satyanarayana, S/O Rama Murthy, Aged 51 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
99. V.Kuppa Raju, S/O.Chengamma Raju, Aged 53 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
100. V.L.VenkateswaraRao, S/oV.V.GngaRao, Aged 48 Years,
Occ: Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
101. D.A.Nathan, S/o. A.Daniel, Aged 47 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Diesel, South Central Railway, Vijayawada.
102. P.V.Subbayya, S/O P.V.Ratnam, Aged 48 Years,
Occ; Loco Pilot(Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
103. G.Anjaneyullu, S/O Venkaiah, Aged 47 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
104. V.Hanumaiah, S/O Mastan, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South CentralRailway , Vijayawada.
105. V.Krishna Murthy, S/O Venkata Raman, Aged 50 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
106. S.Bhaskar, S/O Subbaiah, Aged 51 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
107. P.Srinivasulu, S/O Ramanaiah, Aged 42 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
OA 499 of 2015
Traction, South Central Railway, Bitragunta.
108. V.V.S.Nageswara Rao, S/OKesava Rao, Aged 52 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway , Vijayawada.
109. D.Devendra Reddy, S/O D.V.Yella Reddy, Aged 39 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway , Rajahmundry.
110. T.Malyadri, S/O Mala Kondaiah, Aged 44 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Bitragunta.
111. R.Ananda Rao, S/O Satyam, Aged 53 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Diesel, South Central Railway, Vijayawada.
112. M.Narasinga Rao, S/O.Venkata Rao, Aged 37 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
113. CH.V.KoteswaraRao, S/O.Venkata Rao, Aged 37 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
114. K.Rama Krishna, S/O.Yajnavalkya Sarma, Aged 44 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada.
115. K.Ramesh, S/O.Nageswara Rao, Aged 41 Years,
Occ: Loco Pilot (Goods),O/o The Chief Crew Controller,
Traction, South Central Railway, Vijayawada. ...Applicants
(By Advocate : Sri KRKV. Prasad)
Vs.
1. Union of India represented by
The Chairman, Ministry of Railways,
Railway Board, Rail Bhavan, New Delhi.
2. The General Manager,
South Central Railway, Rail Nilayam, Secunderabad.
3. The Chief Personnel Officer,
South Central Railway, Rail Nilayam, Secunderabad.
4. The Senior Divisional Personnel Officer,
South Central Railway, Vijayawada Division,Vijayawada.
...Respondents
(By Advocate : Sri Bheem Singh, Proxy counsel for Sri VVN. Narasimham
SC for Rlys.)
---
OA/499/2015
ORDER
(As per Hon'ble Mr. B.V. Sudhakar, Admn. Member)
2. The OA is filed questioning the impugned order dt. 15.04.2013 and also the RBE Nos. 95/2013 and 54/2014 and declare the action of denying the benefit of increment to the applicants on promotion from the Loco Pilot (Shunting) Grade I to Loco Pilot (Goods) as illegal, arbitrary and contrary to the Fundamental Rules. The applicants sought a consequential direction to the respondents to retain the increment benefit granted to them while fixing the pay at the time of promotion to Loco Pilot (Goods) in accordance with Rule 13 of Railway Servants (Revised Pay) Rules, 2008 and FR 22(I)(a)(1) and accordingly revise the fixation done vide Memo. dated 15.04.2013 incorporating the said incremental benefit in respect of the applicants with all consequential benefits including arrears of pay, further increments, etc.
3. Brief facts are that the applicants were granted promotion as Loco Pilot (Shunting) Grade -I and as Loco Pilot (Goods) Grade -II from the grade of Asst. Loco Pilot before the 6th CPC rules were notified vide RBE No. 103 dated 6.9.2008. The pay of the applicants was re-fixed w.e.f 1.1.2006 by revising the initial fixation done in the grade of Loco Pilot (Shunting) Grade-II by allowing switch over from the date of entering into next scale on second promotion which the applicants got after 1.1.2006 vide memo dated 15.4.2013. While re-fixing the pay the increment due to the applicant on being promoted as Loco Pilot (Goods) was denied. In this context, challenging the Railway Board orders 95/2013 & 54/2014, the OA Page 9 of 15 OA/499/2015 is filed, since they contravene the Fundamental rules which govern pay re- fixation.
4. The contentions of the applicant are that the Railway Board instructions 95/2013 & 54/2014 have been issued without taking into consideration the fact that the duties of the Loco Pilot (Goods) involve higher responsibilities. Therefore for shouldering higher responsibilities they are eligible for the promotional increment as per FR 22 (I) (a) (1) read with DOPT memo dated 7.1.2013. Even as per para 1313 of IREC the incremental benefit has to be granted on promotion from Loco Pilot (Shunting) grade -I to Loco Pilot (Goods) while fixing the pay on or after 1.1.2006. Respondents have granted promotional increment while effecting promotion to them from the grade of Loco Pilot (Shunting) Grade I to Loco Pilot (Goods) in terms of Rule 13 of Railway Servants (Revised Pay) Rules, 2008. However, while giving cognizance to the option exercised by the applicants under second proviso to Rule 5 and 6(1) of RS (RP) Rules, 2008 i.e. switching over to 6th CPC from the date of entering into next scale on second promotion, got on or after 01.01.2006, and refixing the pay of the applicant, the promotional increment earlier granted while effecting promotion to the grade of Loco Pilot (Goods) was arbitrarily denied considering that the promotion is within the same Grade Pay and thereby, the benefit that was given is taken away. The applicants are entitled for promotional increment as well as the benefit arising out of switching over to 6th CPC on second promotion on or after 01.01.2006 in terms of the statutory rules. Thus, the interpretation given by way of a clarificatory instruction, denying the benefit of promotional increment causing severe Page 10 of 15 OA/499/2015 monetary loss to the applicants smacks malice in law not only in terms of lack of jurisdiction of competency, but also on the ground of ex-facie illegality. Besides, granting promotional increment to cadres which were given the same grade pay and in the same pay band without appreciating the fact that the Loco Pilot (Goods) perform higher responsibilities is an arbitrary exercise of power. Applicants have been put to severe financial loss by taking an adverse decision. The action of the respondents is illegal, arbitrary, discriminatory and in violation of articles 14 & 16 of the constitution.
5. Respondents in the reply statement state that the applicants have misinterpreted facts. Besides, the OA is filed without there being any cause of action. Promotional benefit cannot be extended when promotion is effected from Loco Pilot (Shunting) to Loco Pilot (Goods) in PB-2 with the same grade pay of Rs 4200. Action has been taken after the implementation of 6th CPC as per Railway Board order 54/2014. Before issue of Railway Board clarifications the applicants were granted promotional benefit on promotion but revised as per eligibility after receipt of clarifications referred to, which were indeed issued in consultation with the Trade unions/ internal finance. Relief sought is against rules.
6. Heard both the counsel and perused the pleadings on record. The Ld. Counsel for the applicant has submitted that MA 495/2020 need not be adjudicated upon in view of the latest developments on the subject and that the prayer made in MA 445/2021 needs to be reckoned while adjudicating the OA.
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OA/499/2015
7. I. The dispute is about non grant of promotional increment on promoting the applicants to the grade of Loco Pilot (Goods). The promotional increment was hitherto granted but with the clarifications received from the Railway Board, respondents revised and re-fixed the pay denying the promotional increment. Therefore, the OA is filed challenging the Railway Board orders 95/2013 & 54/2014.
II. After going through the facts in detail about various aspect in respect of the hierarchy as presented by the applicants at para 4.1.1 of the OA, RBE 103/2008, DOE memo dated 7.1.2013, rule 13 of Railway Servants (RP) rules 2008, DOPT memo dated 7.1.2013, FR 22 (1) (a) (1), aspect of competency certificates and training period involved in relevant grades, promotional increment granted to chief matron/Sr. Technician/ Sr. P.Way supervisor; we are of the view that the promotional increment was not granted when the promotion was effected in the same grade, consequent to the implementation of 6th CPC recommendations. The hierarchy of the running category and the pay fixation benefit as per RBE 54/2014 is as under:
Category 5th CPC Scale 6th CPC Remarks ALP 3050-4590 PB-1, Rs.1900 GP Recruitment Grade Sr. ALP 4000-6000 PB-1, Rs.2400 GP Promotional increment will be allowed Loco Pilot (Shg) Gr. 4000-6000 PB-1, Rs.2400 GP Promotional II increment would not be allowed Loco Pilot (Shg) 5000-8000 PB-2, Rs.4200 GP Promotional Gr.I increment would not be allowed Loco Pilot (Goods) 5000-8000 PB-2, Rs.4200 GP Promotional increment would not be allowed Loco Pilot (Pass) 5500-9000 PB-2, Rs.4200 GP Rs.500 Additional Allowance + Page 12 of 15 OA/499/2015 Promotional increment Loco Pilot (Mail) 6000-9800 PB-2, Rs.4200 GP Rs.1000 Additional Allowance + Promotional increment II. From the table it is seen that the promotion from Loco Pilot
Shunting Grade-I to Loco Pilot (Goods) is in the same grade pay of Rs.4200 and hence no promotional increment was granted. The issue of grant of promotional increment is consequent to the implementation of the recommendations of the 6th CPC. The Railway Board has circulated the policy in regard to aspects impinging on fixation of pay, with or without the increment vide its orders bearing the numbers 95/2013 and 54/2014. It is well laid down in law that the Tribunal should not interfere in matters of policy and in particular with regard to aspects related to pay Commission recommendations. The relevant judgments of the Hon'ble Supreme Court are here under extracted:
a. Prescription of scale of pay should normally be dealt with by expert bodies/committees. Hon'ble Apex Court in the case of Union of India v. Dineshan K.K.,(2008) 1 SCC 586, has held as under:
It has been observed that equation of posts and equation of pay structure being complex matters are generally left to the executive and expert bodies like the Pay Commission, etc. b. In State of Bihar v. Bihar Veterinary Assn.,(2008) 11 SCC 60, at page 64, the Hon'ble Supreme Court held as under:
13. If the courts start disturbing the recommendations of the pay scale in a particular class of service then it is likely to have cascading effect on all related services which may result into multifarious litigation. The Fitment Committee has undertaken the exercise and recommended the wholesale revision of the pay scale in the State of Bihar and if one class of service is to be picked up and granted higher pay scale as is available in the Central Government then the whole Page 13 of 15 OA/499/2015 balance will be disturbed and other services are likely to be affected and it will result in complex situation in the State and may lead to ruination of the finances of the State.
c. BALCO Employees' Union (Regd.) v. Union of India, (2002) 2 SCC 333, This Court, in no uncertain terms, has sounded a note of caution by indicating that policy decision is in the domain of the executive authority of the State and the Court should not embark on the unchartered ocean of public policy and should not question the efficacy or otherwise of such policy so long the same does not offend any provision of the statute or the Constitution of India.
III. The contention of the applicants is that the Loco Pilot goods shoulder higher responsibilities since he operates the train with hundreds of tons of load in the block section by travelling from one station to the other whereas LP (Shunting) is confined to the station. LP (Goods) sometimes doubles up as LP (Shunting) in stations where there are no LP (Shunting) posts. These aspectswhich have policy ramifications have been considered by the Railway Board and thereafter the memos referred have been issued. Hence any interference in regard to the content of the Railway Board memos challenged is not called for.
IV. However, we observe that the applicants have filed MA 445/2021 pleading to direct the respondents to allow the applicants serialized from 1 to 87 in the MA to switch over to the revised pay structure from the date of 3rd promotion to the grade of LP (Goods). This is an aspect which the respondents can examine based on the submissions made in the MA which we are of the view need to be given a serious thought by the respondents. In respect of the other applicants, as the law would not brood any interference in respect of policy matters and aspects Page 14 of 15 OA/499/2015 relating to pay commission recommendations, as brought out in the judgments cited supra unless the policy is malafide, the relief sought cannot be granted. We find that the policy decisions taken in the RBE circulars under reference are not malafide since they have a universal application and are not discriminative or arbitrary.
V. Nevertheless, as pointed out above, respondents are directed to examine the request of granting relief sought by applicants from serial no 1 to 87 for switch over benefit as prayed for in MA 445/2021 and issue a speaking and reasoned order, as per rules & law within a period of 3 months from the date of receipt of this order. Regarding the other applicants they are not eligible for the benefit sought in view of the policy clarifications in RBE 95/13 & RBE 54/2014.
VI. With the above directions, the OA is disposed of with no order as to costs. MA No. 445/2021, MA 495/2020& are disposed accordingly. Respondents filed MA 31/2017 seeking deletion of Respondent No.1 i.e. Railway Board from the array of respondents and the same is dismissed since the issue involved is a policy matter.
(B.V.SUDHAKAR) (ASHISH KALIA)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/evr/
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