Central Administrative Tribunal - Delhi
Abhay Kumar vs M/O Railways on 12 March, 2021
OA No.1547/2020
Central Administrative Tribunal
Principal Bench
OA No.1547/2020
This the 12th day of March, 2021
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Abhay Kumar S/o Shri Baijnath,
A101, Prateek Fedora, E-11,
Block D, Sector 61, Noida,
Gautam Budh Nagar, UP-201301
Applicant
(Applicant in person)
VERSUS
1. Divisional Railway Manager/P,
DRM Ofice, Northern
Railway
State Entry Road, New Delhi-110055
2. Union ol India,
Through Secretary
Ministry of Railways,
Rail Bhawan, Raisina Road,
New Delhi-110001
Respondents
(By Advocate: Sh. SM Arif)
ORDER (Oral)
Justice. L. Narasimha Reddy:
The applicant initially joined National Thermal Power Corporation (NTPC) as Engineer (Mechanical) on 04.08.2008.
His services were confirmed in the grade of Rs.24900-50500 w.e.f. 04.08.2020. Thereafter, the applicant responded to an advertisement for selection to post in Indian Railways Service Mechanical Engineers (IRSME), issued by the UPSC in the year 2009. He was selected and appointed as IRSME on OA No.1547/2020 28.02.2011. At present, he is working as Senior Divisional representation to the Mechanical Engineer. He made a Director with a request to accord him the benefit o1 pay carrying in the protection. It is stated that pay, which he was not NTPC before his selection/appointment in IRSME, was order dated protected. The Northern Railway passed an of the applicant. It is stated 08.09.2020, rejecting the case is available only when the that the benefit of pay protection selection is by way of interview and not when it is through examination. The applicant filed this open competitive written OA, challenging the order dated 08.09.2020.
2. The applicant contends that the very purpose oi protection of a pay 1s to ensure that the employees, who are working in PSU, are not put to loss when they join the other PSU or a Government department. He submits that the distinction made by the respondents was set aside by this Tribunal in its judgment dated 10.02.2017 in OA No. 3626/2012, following the judgment of the Hon'ble High Court of Delhi in WPC No. 5518/2004.
3. Today, we heard Shri Abhay Kumar, the applicant who argued the case in person, and Shri SM Arif, learned counsel for the respondents.
t. The issue in this case is in a very narrow compass. It is not in dispute that the applicant was working in NTPC in the pay scale of Rs.24900-50500, before he applied for the post of OA No.1547/2020 IRSME, Railways. He was sclected and appointed, but the pay was not protected.
that the OM dated 10.07.1998 has maintained a I t is true method of selection/appointment of a distinction based on the when he joins another PSU, in member of service in one PSU, when selection in the context ol pay protection.
It is only the interview and not involving the basis of other PSU is purely on is examination, that such protection competitive any open based upon the performance extended. Where the selection is extended.
the benefit was not
in the examination,
distinction to be
Court held such
6. The Hon ble Delhi High
Fllowing the same, this
No. 5518/2004.
untenable, in WPC
detailed
the OA No.3626/2012 through a
Tribunal allowed
The same situation
obtains in this case also.
judgment.
the OA and set aside the impugned order.
7. We, therefore, allow
of the applicant shall be refixed, giving
We direct that the pay
within a period of two months
the benefit of pay protection,
of a copy of this order. However, the
from the date of receipt
it shall not result any arrears.
benefit shall be prospective and There shall be no order as to costs.
(MoHd. Jamshed) (Justice L. Narasimha Reddy)
Member [A Chairman
lg/jyoti/ns/