Central Administrative Tribunal - Lucknow
Om Prakash Sharma vs Union Of India on 1 September, 2017
1
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No. 332/00201/2016
Order reserved on : 29.08.2017
Order pronounced on : 01.09.2017
HON'BLE SHRI JUSTICE V.C. GUPTA, JUDICIAL MEMBER
Om Prakash Sharma, aged about 64 years, s/o Shri Brij Raj
Sharma, resident of -Plot no. 593, Shantipuram Colony, Devkali,
Faizabad.
.........Applicant
By Advocate : Shri Praveen Kumar.
VERSUS
1. Union of India through the General Manager, Northern
Railway, Baroda House, New Delhi.
2. The Divisional Railway Manager, Northern Railway,
Hazratganj, Lucknow.
3. The Senior Divisional Operating Manager, Northern Railway,
Hazratganj, Lucknow.
................ Respondents
By Advocate : Shri B.B.Tripathi
ORDER
By Hon'ble Justice V.C. Gupta, Judicial Member By means of this original application under section 19 of Administrative Tribunal Act-1985, the applicant claims for the following relief(s):
"1. To quash the order dated 16.02.2016(contained as Annexure No,A-1 to this OA) with all consequential benefit.
2. To extend the benefits of Circular dated 06.07.1998 and release payment admissible to the applicant as he rendered services as ASM for more than 27 years.
3. To grant the said benefits along with interest @ 12% PA from the date of due till actual date of payment.
4. Any other relief, which this Hon'ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.2
5. Cost of the present case may also be awarded as the applicant has unnecessarily been dragged into litigation for such pity matter."
2. The brief facts giving rise to this petition are that the applicant was initially appointed on the post of signaler in year 1982. He was promoted on the post of Assistant Station Master in August, 1983 and worked as such till 08.11.2010 and thereafter he was promoted on the post of Station Superintendent in September, 2010. He retired from the post of Station Superintendent on 30.11.2012. It was further contended that the applicant was charge-sheeted and thereafter punished on 10.02.2006. Appeal preferred against the order of punishment was also rejected. Aggrieved by the same applicant preferred an original application no. 345/2006 before this Tribunal which was allowed and punishment order was set-a-side. A writ petition was preferred by the respondents but no interim order staying the operation of order of Tribunal was passed. During the pendency of writ petition the applicant was promoted to the post of station superintendent in November, 2010. Till his promotion as station superintendent he worked as Assistant Station Master/Station Master for more than 23 years. He claimed the benefit of accidental free service award by preferring a representation dated 04.12.2012 in pursuance of circular No. 86/safety-I/24/ 35 dated 06.07.1998. When the same was not disposed of and no heed was paid by respondents to the demand of the applicant, an OA. No75. of 2015 was filed by the applicant. The OA was decided on 18.12.2015 directing the respondents to decide the representation in stipulated time..
3. In compliance of the order of Tribunal in aforesaid OA the impugned order dated 16.2.2016 has been passed declining the claim of the applicant on the ground that he was working as station superintendent on the date of his retirement. The post of station superintendent is not covered under circular No. 86/safety-I/24/35 dated 06.07.1998. In its order a circular dated 28.04 2105 of the Railway Board was referred wherein it has been specifically stated that station superintendents is not covered under the safety categories entitled for Accident- Free Service Award under circular No. 86/safety-I/24/35 dated 06.07.1998.
34. The circular No. 86/safety-I/24/35 dated 06.07.1998 is extracted herein below for ready reference:-
"GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS(RAIL MANTRALAYA) (RAILWAY BOARD) No. 86/Safety-I/24/35 New Delhi, dated 6.7.1998 General Managers & OSDs, All Indian Railways.
Sub: Award to Railway Staff for Accident-Free Service.
Ref: Railway Ministry's letters number E(G) 82 ANI-12 dated 26.3.87, 19.8.88, 7.12.89, 12.2.90, 22.3.90 and 7.10.91 Board in supersession of all the previous instructions issued on the subject has decided to further change the scheme of Accident-free service award to the eligible categories of safety staff only at the time of retirement in the following manner and conditions:
It is now decided that the entire length of service of the staff should be viewed in totality for the purpose of granting of this award. The quantum of award will vary, depending on the total length of service in all the eligible categories combined.
The quantum of award as also the minimum qualifying service is proposed to be revised as follows:
A. For Drivers/Motorman: Amount in cash Qualifying length of Basic pay without any allowances.
service for award
Upto 7 years service 20 days
Upto 15 years service 40 days
Upto 23 years service 60 days
Above 23 years service 90 days
B. For ASMs/SMs/Pointsmen/
Cabinment/Switchmen
Upto 7 years service 15 days
Upto 15 years service 30 days
Upto 23 years service 45 days
Above 23 years service 60 days
1. No change in the existing categories of staff eligible for award.
2. Length of service will be counted while working in safety category only. The scheme shall be implemented from 1.1.1999.
3. It the staffs has been promoted from one eligible category to another eligible category then the total of his service span in all such eligible categories combined is to be counted.
4. While assessing suitability of staff for grant of award any staff who has been punished with a major penalty either in an 4 accident case or in a case related to violation of safety rules and safety norms will be debarred permanently.
5. The underlying principle is that a generally careless, negligent, indisciplined or recalcitrant worker should not be considered for an award even if he has an accident free award.
(a) Any staff who has been punished with a major penalty in connection with any other case also will not be eligible for the award.
(b) Any staff who has been punished with a minor penalty either in an accident case or in a case relating to violation of safety rules and safety norms, will be given the award at a reduced scale as follows:
Punishment Percentage award amount
To be reduced
For one minor penalty 30%
For two minor penalty 70%
For three or more minor No award
Penalty
This has the approval of Finance Directorate of Board's Office.
Please acknowledge the receipt.
(Indra Ghosh) Executive Director (Safety) Railway Board."
5. The counter affidavit has been filed wherein the respondents supported the impugned order dated 16.2.2016 and pleaded that the same is correctly passed. The applicant was promoted as station superintendent w.e.f. 29.05.2003 after setting aside order of punishment and worked as such till his retirement.
6. It has been contended by counsel for the respondents that the applicant retired from the post of Station Superintendent as such he does not fall within the categories specified in circular dated 06.07.1998 and clarification dated 17.02.2014 and 28.04.2015. Hence, he is not entitled for accidental free service award . The copy of letter dated 28.04.2015 having clarification with regard to station superintendent has been annexed as Annexure CR-6 which reads as under:
"Government of India Ministry of Railways (Railway Board) No. 86/Safety-I/24/35 New Delhi, dated 28.04.2015 The Chief Operating Manager (G) Northern Railway, Baroda House, New Delhi.5
Sub: Accident-Free Service Award to Railway staff.
Please refer to your letter No. 403-T/AFSA/Optg./Rule dated 25.03.2015 on the above subject.
In terms of the existing instructions, those safety categories of staff are eligible for Accident-Free Service Award whose work continuously expose then to the possibility of committing mistakes due to momentary lapse which can lead to an accident.
As the work of Station Superintendent, Yard Master, Traffic Inspector, shuntman, shunting Jamadar and Gateman does not come within the purview of these instructions, they are not entitled for Accident-Free Service Award.
Sd/-(Ashish Mehrotra) Director Safety-I Railway Board."
7. Rejoinder affidavit has been filed by the applicant reiterating earlier stands taken by applicant.
8. Heard Ld. Counsel for the applicant Sri Praveen Kumar and Sri B.B.Tripathi for the respondents and perused the records of the case.
9. As per applicant the applicant he served for more than 27 years as Assistant Station Master/Station Master on the basis of taking over charge of station superintendent on 20.11.2010. Contrary to it as per respondents the applicant worked as Assistant Station Master/Station Master for less than 23 years on the ground that the applicant was promoted on the post of station superintendent w.e.f 29.5.2003. It is not in dispute that the applicant retired from the post of station superintendent on 30.11.2012.
10. In view of the aforesaid facts the controversy requires to be answered by this Tribunal is that if railway employee during his entire service tenure worked under categories specified in the circular dated 06.07.1998 and retires from another post not entitled for Accidental Free Service Award, whether such railway servant would be entitled to the benefit of the Accidental Free Service Award?
11. The similar controversy was recently set at rest in another OA. No.332/00242 of 2015 , Chottey Lal Gupta Vs. Union of India and oters, decided on 19.07.2017 by this tribunal. The relevant portion of that judgement as contained in para12,13 and 14 is reproduced herein below:
6"12. It is also clear from perusal of this circular that length of service will be counted while working in the specified category only. The aim of scheme is to motivate employees to perform duties with all sincerely, responsibility, devotion and in a zero negligence manners relating to security of Railways and its passengers.
13. It is also not in dispute that the post of station superintendent does not fall within the category specified in the circular. From the perusal of circular it is emerged out that award would be payable at the time of retirement. It is not borne out that employees in the specified category must have retired from such category and only then he will be entitled to award. The requirement is that the award would be payable at the time of retirement. The qualifying period for award is different i.e. minimum upto 7 years and thereafter beyond 23 years in the specified categories. If railway employees rendered entire service only in the specified category there is no dispute that he would be entitled to benefit of the scheme in case he fulfil the other conditions for grant of award as per circular. However, those employees who worked in the specified category for any specified period indicated in the circular during his entire service period they would also be entitled to get the award at the time of retirement irrespective of the fact that they have retire from the post of specified category mentioned in circular or not.
14. There is a logic behind it as is evident from para-2 of this circular which makes it clear that entire length of service shall be viewed in totality for the purpose of granting award. For grant of Award the entire length of service shall be looked into at the time of retirement. This means that if an employee worked for specified period in specified category as a part of entire length of service and if he in entire length of service committed some misconduct irrespective of fact that such misconduct was committed during specified period in specified categories or not the award would be subject to that misconduct as is evident from other conditions contained in para- 4& 5 of the scheme.
12. In view of the judgement in OA, No.245 of 2105(supra) passed , this Tribunal is of the firm view that decision of the respondent (impugned order dated 16.02.2016) for not granting the benefit of the scheme to the applicant on the ground that he retired from the post of Station Superintendent, a safety category not entitled for aforesaid award as per the circular dated 06.07.1998 is not sustainable keeping in mind the fact that the applicant admittedly served for more than 23 years as Assistant Station Master/Station Master(as per applicant) and less than 23 years (as per respondents) before his retirement as Station Superintendent.7
13. Accordingly, the petition is allowed. The impugned order dated 16.02.2016 is quashed. The respondents are directed to consider the claim of the applicant for grant of Accident Free Service Award on the basis of length of service rendered by him as assistant station master/station master before promotion to the post of station superintendent in the light of this judgement, if the applicant is otherwise entitled and satisfy the other conditions specified in the circular dated 06.07.1998 within a period of 2 months from the date of communication of this order.
14. If the applicant is found entitle for award in the light of this judgement, the amount of award as specified in the circular dated 06.07.1998 shall be paid within one month thereafter to the applicant with simple rate of interest @ 8% p.a. from the date of his retirement till the date of actual payment is made to the applicant.
15. There shall be no order as to costs.
(Justice V. C. Gupta) Member (Judicial) JNS