Karnataka High Court
Union Of India vs Radhakrishnan Edakkattil on 22 April, 2022
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
WRIT PETITION No.12664 OF 2020
C/W
WRIT PETITION No. 12658 OF 2020
WRIT PETITION No. 12659 OF 2020
WRIT PETITION No. 12662 OF 2020
WRIT PETITION No. 12665 OF 2020
WRIT PETITION No. 12675 OF 2020 (S CAT)
IN WRIT PETITION No.12664 OF 2020
BETWEEN :
1. UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
2. THE CHIEF PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
3. THE SR. DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
2
BENGALURU DIVISION
BENGALURU - 560 023 ... PETITIONERS
(BY SHRI. ABHINAY Y.T, ADVOCATE)
AND :
1. T PRAHALADA
S/O THOPAIAH
AGED ABOUT 47 YEARS
LOCO INSPECTOR
OFFICE OF DIVISIONAL
ELECTRICAL ENGINEER
TRACTION ROLLING OPERATION
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023
RESIDING AT NO.24/7
SREE VARADADRI
GOPALLAPPA LAYOUT
PAPIREDDY PALYA
NAGABHAVI II STAGE
BENGALURU - 560 072
2. KATTA NARSIMHA RAO
LOCO INSPECTOR
OFFICE OF DIVISIONAL
ELECTRICAL ENGINEER
TRACTION ROLLING OPERATIONS
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023 ... RESPONDENTS
(BY SHRI. VENKATESH KUMAR B.S, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 17 JANUARY 2020 PASSED IN OA NO.31 OF 2019
PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
3
BENGALURU (ANNEXURE-D) AND CONSEQUENTIALLY DISMISS
THE APPLICATION IN ITS ENTIRETY AND ETC.,
IN WRIT PETITION No.12658 OF 2020
BETWEEN :
1. UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
2. THE CHIEF PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
3. THE SR. DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
BENGALURU DIVISION
BENGALURU - 560 023
4. THE SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD), RAIL BHAVAN
NEW DELHI - 110 001 ... PETITIONERS
(BY SHRI. ABHINAY Y.T, ADVOCATE)
AND :
1. P.G. RAJAN
AGED ABOUT 52 YEARS
WORKING AS CHIEF LOCO INSPECTOR
ELECTRICAL ENGINEER/TRO/SBC
DIVISIONAL MANAGER'S OFFICE
SOUTH WESTERN RAILWAYS
BENGALURU - 560 023.
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
4
AND RESIDING AT NO.23A
"SHREYAS", 4TH CROSS
2ND MAIN, BAPUJINAGAR
BENGALURU - 560 026.
2. T. PRAHALADA
S/OF THOPAIAH
AGED ABOUT 47 YEARS
LOCO INSPECTOR
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023. ... RESPONDENTS
(BY SHRI. VENKATESH KUMAR B.S, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 17 JANUARY 2020 PASSED IN OA NO.1794 OF
2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU (ANNEXURE-D) AND CONSEQUENTIALLY DISMISS
THE APPLICATION IN ITS ENTIRETY AND ETC.,
IN WRIT PETITION No.12659 OF 2020
BETWEEN :
1. UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
2. THE CHIEF PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
5
3. THE SR. DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
BENGALURU DIVISION
BENGALURU - 560 023
4. THE SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD), RAIL BHAVAN
NEW DELHI - 110 001 ... PETITIONERS
(BY SHRI. ABHINAY Y.T, ADVOCATE)
AND :
1. RADHAKRISHNAN EDAKKATTIL
AGED ABOUT 51 YEARS
WORKING AS CHIEF LOCO INSPECTOR
ELECTRICAL ENGINEER/TRO/SBC
DIVISIONAL MANAGER'S OFFICE
SOUTH WESTERN RAILWAYS
BENGALURU - 560 023
AND RESIDING AT NO.15
"THULASEEDALAM"
GREEN GARDEN ROAD
HORAMAVU PO
BENGALURU - 560 113.
2. T PRAHALADA
S/O THOPAIAH
AGED ABOUT 47 YEARS
LOCO INSPECTOR
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023 .... RESPONDENTS
(BY SHRI. VENKATESH KUMAR B.S, ADVOCATE)
....
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
6
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 17 JANUARY 2020 PASSED IN OA NO.1784 OF
2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU (ANNEXURE-D) AND CONSEQUENTIALLY DISMISS
THE APPLICATION IN ITS ENTIRETY
IN WRIT PETITION No.12662 OF 2020
BETWEEN :
1. UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
2. THE CHIEF PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
3. THE SR. DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
BENGALURU DIVISION
BENGALURU - 560 023
4. THE SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD), RAIL BHAVAN
NEW DELHI - 110 001 ... PETITIONERS
(BY SHRI. ABHINAY Y.T, ADVOCATE)
AND :
1. KATTA NARASIMHA RAO
AGED ABOUT 52 YEARS
WORKING AS CHIEF LOCO INSPECTOR
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
7
ELECTRICAL ENGINEER/TRO/SBC
DIVISIONAL MANAGER'S OFFICE
SOUTH WESTERN RAILWAYS
BENGALURU - 560 023.
AND RESIDING AT NO.263
33RD MAIN
NANDINI LAYOUT
BENGALURU - 560 096.
2. T. PRAHALADA
S/O THOPAIAH
AGED ABOUT 47 YEARS
LOCO INSPECTOR
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023 .... RESPONDENTS
(BY SHRI. VENKATESH KUMAR B.S, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 17 JANUARY 2020 PASSED IN OA NO.1785 OF
2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU (ANNEXURE-D) AND CONSEQUENTIALLY DISMISS
THE APPLICATION IN ITS ENTIRETY AND ETC.,
IN WRIT PETITION No.12665 OF 2020
BETWEEN :
1. UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
2. THE CHIEF PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
8
DHARWAR DISTRICT
KARNATAKA - 580 020
3. THE SR. DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
BENGALURU DIVISION
BENGALURU - 560 023
4. THE SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD), RAIL BHAVAN
NEW DELHI - 110 001 ... PETITIONERS
(BY SHRI. ABHINAY Y.T, ADVOCATE)
AND :
1. SEBASTIAN KURIAKOSE
AGED ABOUT 53 YEARS
WORKING AS CHIEF LOCO INSPECTOR
ELECTRICAL ENGINEER/TRO/SBC
DIVISIONAL MANAGER'S OFFICE
SOUTH WESTERN RAILWAYS
BENGALURU - 560 023.
AND RESIDING AT NO. 74
ROICHY ENCLAVE
BANCHARA LAYOUT
HORAMAVU
BENGALURU - 560 113.
2. T. PRAHALADA
S/O THOPAIAH
AGED ABOUT 47 YEARS
LOCO INSPECTOR
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023. ... RESPONDENTS
(BY SHRI. VENKATESH KUMAR B.S, ADVOCATE)
....
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
9
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 17 JANUARY 2020 PASSED IN OA NO.1783 OF
2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU (ANNEXURE-D) AND CONSEQUENTIALLY DISMISS
THE APPLICATION IN ITS ENTIRETY AND ETC.,
IN WRIT PETITION No.12675 OF 2020
BETWEEN :
1. UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWA7 DISTRICT
KARNATAKA - 580 020
2. THE CHIEF PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
HEADQUATERS, HUBBALLI PO
DHARWAR DISTRICT
KARNATAKA - 580 020
3. THE SR. DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
BENGALURU DIVISION
BENGALURU - 560 023
4. THE SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD), RAIL BHAVAN
NEW DELHI - 110 001 ... PETITIONERS
(BY SHRI. ABHINAY Y.T, ADVOCATE)
AND :
1. P KALAIMANI
AGED ABOUT 53 YEARS
WORKING AS CHIEF LOCO INSPECTOR
W.P No.12664/2020
C/W W.P NO.12658/2020
W.P NO.12659/2020
W.P NO.12662/2020
W.P NO.12665/2020
W.P NO.12675/2020
10
ELECTRICAL ENGINEER/TRO/SBC
DIVISIONAL MANAGER'S OFFICE
SOUTH WESTERN RAILWAYS
BENGALURU - 560 023
AND RESIDING AT NO.48
LAKSHMI NIVAS
BYARATHI CROSS
KOTHANUR
BENGALURU - 560 077
2. T. PRAHALADA
S/O THOPAIAH
AGED ABOUT 47 YEARS
LOCO INSPECTOR
SOUTH WESTERN RAILWAY
BANGALORE DIVISION
BENGALURU - 560 023 .... RESPONDENTS
(BY SHRI. VENKATESH KUMAR B.S, ADVOCATE)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 17 JANUARY 2020 PASSED IN OA NO.1782 OF
2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU (ANNEXURE-D) AND CONSEQUENTIALLY DISMISS
THE APPLICATION IN ITS ENTIRETY AND ETC.,
THESE WRIT PETITIONS, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 17.03.2022, COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, P.S.DINESH KUMAR
J, PRONOUNCED THE FOLLOWING:-
ORDER
All these writ petitions are filed by the South Western Railway challenging the orders passed by the W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 11 CAT in different O.As. in which, the respondents herein (applicants before the CAT), promoted as Loco- Inspectors have assailed fixation of their salary.
2. For the sake of convenience, respondents shall be referred by their names.
3. We have heard Shri. Y.T.Abhinay, learned Advocate for appellants and Shri. B.S. Venkatesh Kumar, learned Advocate for respondents.
4. Brief facts necessary for disposal of these petitions are, T. Prahalada1 joined as Assistant Loco- pilot in 1992 and promoted as Loco-pilot in 2006. Railways notified eight posts of Loco-Inspectors by promotion. After the written examination, a panel of six names consisting of (i) P.G. Rajan,
(ii) K. Narasimhamurthy, (iii) Radhakrishna Eddakkatil,
(iv) Lakhanlal Dongre, (v) T. Thangaraj, and (vi) Katta 1 Respondent No.1 in W.P. No.12664/2020 W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 12 Narasimha Rao, was issued on November 14, 2011 against eight posts.
5. The said panel was subject matter of following four cases before the CAT:
• O.A. No.762/2012 (By Bhagavan Prasad), which was allowed with a direction to consider his case in two months;
• O.A. No.135/2014 (By T. Prahalada), which was allowed and accordingly his name was included as last person in the panel under ST category; • O.A. No.359/2015 (By Radha Krishna Eddakkatil), which was allowed with a direction to assess the suitability of candidates by perusing written examination marks.
6. Railways issued a new panel dated December 17, 2018 consisting of eight persons namely,
(i) K. Narasimhamurthy, (ii) P.G. Rajan, W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 13
(iii) Radhakrishnan Eddakkatil, (iv) Ambatipudi Charles,
(v) Lakhanlal Dongre, (vi) T. Thangaraj,
(vii) T. Prahallada and (viii) Katta Narasimha Rao.
7. Railways re-fixed the pay of Prahallada by taking the date of his promotion as 21.11.2011 on proforma basis, the date on which his junior Katta Narasimha Rao was promoted. As a result, Prahallada's salary was re-fixed reducing from Rs.1,09,100/- to Rs.94,100/-. Feeling aggrieved, Prahallada filed O.A. No.170/00031/2019. The CAT has allowed the said O.A. and directed the Railways to pass necessary orders within two months. Feeling aggrieved, Railways has filed W.P No.12664/2020.
8. The respondents in other writ petitions namely W.Ps. No.12658/2020, 12659/2020, 12662/2020, 12665/2020 and 12675/2020 have filed their respective O.As. before the CAT seeking stepping- W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 14 up of their pay. The said O.As. have been allowed. Feeling aggrieved, the Railways have filed the said writ petitions challenging the orders passed by the CAT.
9. Shri. Abhinay for the Railways submitted that Prahallada's name was not included in the Select list and the six others (namely, P.G. Rajan, K. Narasimhamurthy, Radhakrishna Eddakkatil, Lokhanlal Dongre, T. Thangaraj, and Katta Narasimha Rao) were promoted from the post of Loco-pilot to Loco Inspector. Prahallada's name was included pursuant to CAT's order2 in O.A. No.135/2014. As he was working as a Loco-pilot between 2011 to 2016, his salary was higher. Railways have considered his promotion with effect from 2011 and therefore, rightly re-fixed the salary reducing from Rs.1,09,100/- to Rs.94,100/-. The CAT has allowed his subsequent O.A. No.31/2019, on the assumption that Katta Narasimha 2 Dated 22nd April, 2015 W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 15 Rao ought to have been allotted 49.5 marks and Prahallada 48.75 marks.
10. In substance, Shri. Abhinay argued that there is no error in re-fixation of Prahallada's salary by reducing the same and consequently, the applicants in other O.As. before CAT shall not be entitled for stepping-up of pay.
11. Learned Advocate for Prahallada and other applicants before CAT argued opposing the writ petitions.
12. We have carefully considered rival contentions and perused the records.
13. Undisputed facts of the case are, Prahallada's name was not included in the select list of the year 2011. Applicants before CAT in the connected cases (namely P.G. Rajan, K. Narasimhamurthy, W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 16 Radhakrishnan Eddakkatil, Lakhanlal Dongre, T. Thangaraj, and Katta Narasimha Rao) were promoted from the post of Loco-pilot to Loco Inspector in 2011.
14. Prahallada approached CAT by filing O.A. No.135/2014 and succeeded. His name was included in the select list in 2018. His name was shown above Katta Narasimha Rao, whose salary was higher than that of Prahallada. Railways re-fixed Prahallada's salary and reduced it to Rs.94,100/- to match it with that of his junior Katta Narasimha Rao.
15. Admittedly, Prahallada was a Loco-pilot till 2016, which falls under 'running staff' category and other applicants (namely P.G. Rajan, K. Narasimhamurthy, Radhakrishnan Eddakkatil, Ratanlal Dongre, T. Thangaraj, and Katta Narasimha W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 17 Rao) were Loco Inspectors from 2011, which post falls under the category 'non-running staff'.
16. As per seventh pay commission, the fitment factor applicable for 'running staff' is 3.0001 and for 'non-running staff', it is 2.57. Since, Prahallada was in the category of 'running staff', his pay after the seventh pay commission became higher in view of the higher fitment factor and the salary of other applicants was lower in view of the lower fitment factor of 2.57.
17. Prahallada has been promoted pursuant to the order passed in O.A. No.135/2014. The said order has attained finality. Therefore, the question that falls for consideration is whether the other applicants who are promoted as Loco-Inspectors in 2011, are entitled for stepping up of their pay?
18. The answer must be in the negative because, the salary of Prahallada was higher as he had remained W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 18 in the category of 'Running staff' as he was not included in the Select list. His non-selection has been remedied by order in O.A. No.135/2014. Though Prahallada ought to have been promoted in the year 2011, he has been given promotion in 2016. The anomaly in pay has occurred due to the factual matrix of the case namely that, Prahallada had continued to work in the running staff category from 2011 to 2016. He has earned higher pay having rendered service as a Loco-pilot between 2011 and 2016.
19. In normal circumstances, if a junior were getting higher pay, the senior shall be entitled for stepping-up of pay. In this particular case, the other applicants in their respective O.As, who have enjoyed the benefit of promotion between 2011 and 2016 shall not be entitled for any stepped-up pay. By the same logic, re-fixation of Prahalada's pay from Rs.1,09,100/- to Rs.94,100/- by the Railways is also not sustainable. W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 19 The CAT has recorded cogent reasons while allowing O.A. No.31/2019 and we find no legal infirmity in the said order.
20. So far as the orders in the O.As. filed by the applicants3 seeking stepping-up of pay, for reasons recorded hereinabove, we are of the considered opinion that they shall not be entitled for stepping-up of pay though Prahallada's salary is higher, entirely due to performance of his duty as Loco-pilot between 2011 and 2016.
21. In view of the above, following:
ORDER
(a) W.P. 12664/2020 is dismissed;
(b) W.Ps. No. 12658/2020, 12659/2020, 12662/2020, 12665/2020 and 12675/2020 are 3 P.G. Rajan (first respondent in W.P. No.12658/2020) Radhakrishnan Edakkattil (first respondent in W.P. No.12659/2020) Katta Narasimha Rao (first respondent in W.P. No.12662/2020) Sebastian Kuriakose (first respondent in W.P. No.12665/2020) P. Kalaimani (first respondent in W.P. No.12675/2020) W.P No.12664/2020 C/W W.P NO.12658/2020 W.P NO.12659/2020 W.P NO.12662/2020 W.P NO.12665/2020 W.P NO.12675/2020 20 allowed and orders dated January 17, 2020 in O.As.
No. 1794/2018, 1784/2018, 1785/2018, 1783/2018 and 1782/2018 are set-aside and the said O.As. are dismissed;
(c) It is made clear that stepping-up of pay is denied for applicants in O.As. No. 1794/2018, 1784/2018, 1785/2018, 1783/2018 and 1782/2018 in view of the peculiar facts, by virtue of which Prahallada's salary is incidentally higher, without there being any fault on his part.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS