Central Administrative Tribunal - Ernakulam
Pankaj Kumar Yadav vs Union Of India Represented By The ... on 19 March, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO.706/2009
Dated this the 19th day of March, 2010
C O R A M
HON'BLE MR. GEORGE PARACKEN, JUDICIAL MEMBER
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER
Pankaj Kumar Yadav
Assistant Divisional Mechanical Engineer /Coaching Depot
Sousthern Railway
Power House Road,
Thiruvananthapuram-695 036. Applicant in person
Vs.
1 Union of India represented by the Secretary
Union Public Service Commission
Dholpur House, Shahjahan Road,
New Delhi-110 069
2 Deputy Chief Personnel Officer /Gazetted
Southern Railway
Headquarters Office,Personnel Branch
Chennai-600 003
3 Senior Divisional Personnel Officer
Divisional Railway Manager Officer
Thycaud,Trivandrum ..Respondents.
By Advocate Mr. Thomas Mathew Nellimoottil for R-1
By Advocate Ms. P.K. Nandini for R 2 & 3
The Application having been heard on 8.3.2010 the Tribunal
delivered the following:
O R D E R
HON'BLE MRS. K. NOORJEHAN, ADMINISTRATIVE MEMBER The applicant is presently working as Assistant Divisional Mechanical Engineer, Coaching Depot, Southern Railway, Trivandrum. According to him, he entered service of the Railways as a Group-A Junior Scale Officer in the pay scale of Rs. 8,000/- 13,500/- on 3.9.2001, he was granted first advance increment w.e.f. 19.12.2002 on passing of Foundation course of IRSME, second advance increment on 10.8.07 in the pay scale of Rs. 15600-39100 fixing his basic pay at Rs. 22280/- plus one increment as per Sixth Pay Commission, whereas he has drawn the pay of Rs. 21630/- only. The grievance of the applicant is that his second increment has not been drawn, his pay is not correctly fixed, as a consequence, he is drawing much less pay. Hence, he filed this Application to direct the respondents to pay him full salary with increments from July, 2009 with all consequential arrears. He is also aggrieved that he has not been paid his salary for the month of December, 2007.
2 The respondents filed reply statement resisting the claim of the applicant. They submitted that a Probationer is granted first advance increment on successful completion of foundation/phase-I whichever is earlier, second advance increment on successful completion of induction/phase-II posting examination whichever is earlier. The applicant was granted the first advance increment, but as he did not undergo the mandatory induction course at Railway Staff College Vadodara with his own batch from 1.12.2003 to 12.12.2003 because of his unauthorised absence and resignation from Railway service., he was not granted the second advance increment. Subsequently he withdrew his resignation and after a gap of three and half years, he attended the mandatory induction course only from 25.6.2007 to 20.7.2007. They submitted that he completed his probation at Jamalpur but he had not attended the final posting examination and interview. He was relieved on 14.12.2007 to report to Southern Railway for further training. Therefore, the applicant continues to be a Probationer, as such, he could be confirmed only after being found successful in the final posting examination and interview and the third increment will be granted on confirmation only. Further, after assuming charge as Assistant Divisional Mechanical Engineer, Erode on 20.12.2007 he was present only for two days and continuously absented for more than a year, hence he is not eligible for pay and increments due to long period of absence. Disciplinary action was taken against the applicant, but was imposed with only a penalty of withholding of six sets of privilege passes. Meanwhile, the applicant reported for duty on 2.2.2009, thereafter he was posted to Thiruvananathapuram. As no LPC was issued, the applicant was paid at the minimum of the pay scale Rs. 15600 pus Rs. 5400 Grade pay from February, 2009 onwards raising his pay to Rs. 21630/- plus Grade pay of Rs. 5400 in July, 2009. As instructions regarding grant of advance increments to Probationers under VI Pay Commission is yet to be issued by the Railway Board the pay of the applicant has not been fixed.
3 The applicant filed rejoinder reiterating the averments in the O.A. 4 We have heard the applicant who appeared in person and the learned counsel for the respondents and have gone through the pleadings and records produced before us..
5 There is no dispute that the applicant had entered service of the Railways as a Group-A officer in the scale of Rs. 8000-13500 w.e.f. 3.9.2001. The applicant has produced photocopy of the Service Card (Annexure A-5), according to which he was granted first advance increment w.e.f. 19.12.2002 raising his pay to Rs. 8275/- However, as he did not undergo mandatory induction course at Railway Staff College Vadodara with his own batch because of his unauthorised absence and resignation from Railway service. Subsequently, after a gap of three and half years he attended mandatory induction course from 25.6.2007 to 20.7.2007. Therefore, the second advance increment which could not be given effect to, is now payable to him. Then, he was posted to Southern Railway, Chennai. He assumed charge as Assistant Divisional Mechanical Engineer, Erode on 20.12.2007, thereafter he absented from 23.12.2007 onwards for almost one year. In the meantime, he was transferred to Thiruvanathapuram. The respondents contended that the applicant was absent from 23.12.2007 to 2.2.2009 and that he reported for duty at Trivandrum on 3.2.2009.
6 We notice that when the applicant was transferred to Chennai Division, LPC was issued by the Eastern Railway. Therefore, Salem Divisional authorities should have issued the Last Pay Certificate of the applicant when he was transferred to Thiruvananthapuram Division despite the fact that he had worked only for two days. 7 Now that the applicant joined the Trivandrum Division on 3.2.2009 and continuing there, the issue to be decided is when the applicant could be granted 1st, 2nd and 3rd advance increments. In our considered view, the 1st and 2nd advance increments would have to be granted as recorded in the Service Card i.e. w.e.f. 19.12.2002 & 10.8.2007 and the third advance increment is to be granted from the date of successful completion of probationary period. 8 The second increment, though entered in his service card vide Annexure A-1(b), has not been drawn till date. The LPC, Annexure A-3
(a), issued by the office of the Director IRIM EE, EC Railway, Jumapur shows that his pay and allowances were disbursed upto 30.11.2007 and from 1.12.2007 he has to be paid by Southern Railway. It also shows his date of relief from Eastern Railway, Jumapur as 14.12.2007. After availing travel time he reported to Southern Railway on 17.12.2007 and worked as ADME/DSL/ED till 22.12.2007 but no salary was paid vide Annexure A-3(b).
9 Therefore, the pay of the applicant has to be regularised taking in to consideration the second advance increment granted to him by the Eastern Railway on 10.8.07. He is entitled for pay till 22.12.2007 and now that more than 8 years have lapsed since the applicant was appointed in the Railways, he cannot remain without fixation of pay.
10 In this view of the matter, we dispose of the Application with a direction to the 2nd respondent to effect payment of salary for the month of December, 2007and issue the Last Pay Certificate of the applicant to the third respondent. The third respondent on the basis of the LPC so received, shall fix the pay of the applicant in the pre- revised and then revised scale of pay in accordance with the rules in force and disburse the arrears to the applicant within two months from the date of receipt of this order. No costs.
Dated 19th March, 2010
K. NOORJEHAN GEORGE PARACKEN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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