Central Administrative Tribunal - Lucknow
Chhotey Lal Gupta vs Union Of India on 19 July, 2017
1
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No. 332/00242/2015
Order reserved on : 13.07.2017
Order pronounced on : 19.07.2017
HON'BLE SHRI JUSTICE V.C. GUPTA, JUDICIAL MEMBER
Chhotey Lal Gupta, aged about 60 years son of-Shri Raurdeen
Gupta, resident of - village - Darbarpur, Post-Maharani Paschim,
Sultanpur.
.........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 H.G. Upadhyay.
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 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 26 years.
2. To grant the said benefits along with interest @ 12% PA from the date of due till actual date of payment.
3. Any other relief, which this Hon'ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.
4. Cost of the present case may also be awarded as the applicant has unnecessarily been dragged into litigation for such pity matter."2
2. The brief facts giving rise to this petition are that the applicant was initially appointed on the post of signaler on 22.10.1980. He was promoted on the post of Assistant Station Master in April, 1983 and worked as such till 9th May, 2009 and thereafter he was promoted on the post of Station Superintendent in May, 2009. He retired from the post of Station Superintendent on 28.02.2015. It was further contended that the applicant was charge-sheeted and punished thereafter on 10.10.2006. An appeal was preferred against the order of punishment was also rejected. Aggrieved by the same applicant preferred an original application no. 460/2007 before this Tribunal which was allowed and punishment order was set-a-side. A writ petition preferred by the respondents also dismissed on 15.05.2014 and applicant was finally promoted to the post of station superintendent in May, 2009. 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 in pursuance of circular No. 86/safety-I/24/35 dated 06.07.1998. The same 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.
3
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 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."
3. The perusal of circular reveals that award may be given on specified period of service by making payment of basic pay to number of days which the employee will get at the time of his retirement. The applicant claims that he worked as an employee of category-B (Assistant Station Master/Station Master) for more 4 than 23 years as such he is entitled under award scheme the basic pay of 60 days. The post on which the applicant was promoted as station superintendent was not included in the eligible category for the award. The Railway Board's in letter dated 17.02.2014 insisted that benefit should be extended of the circular dated 06.07.1998 to all eligible employee. As the applicant is satisfying the conditions of circular dated 06.07.1998 therefore, he is entitled to claim accidental free service award equivalent to 60 days basic pay.
4. His claim was declined by informing him vide letter dated 21.05.2015 (Annexed as Annexure No. 6) issued in reply to an application under RTI Act that he has been retired from the post of Station Superintendent as such he is not entitle to Accidental Free Service Award. The benefit thus cannot be granted at the time of retirement. The information furnished to the applicant vide letter dated 21.05.2015 is extracted herein below for ready reference:
"
V "
"
No. 86/Safety-I/24/35 " Driver/Motormen/ SMs/ASMs/Pointsmen/Cabinmen/Switchmen "
5. The counter affidavit has been filed wherein the order dated 21.05.2015 was said to be passed correctly as such supported the same.
6. The perusal of para-11 of the CA reveals that the period for which applicant served as Assistant Station Master till promotion 5 to station superintendent is not denied. For ready reference para- 11 of the CA is extracted herein below:
"That the contents para no. 4.1 of Original Application are wrong and not admitted as stated, hence denied. In reply thereto, it is submitted that the applicant was initially appointed on the post of Signal on 21.10.1980 and thereafter he was promoted as Assistant Station Master in April, 1983 and lastly he was promoted as Station Superintendent in the month of May, 2009 and he worked as such till the date of his superannuation i.e. 28.02.2015."
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 categories specified in circular dated 06.07.1998 and clarification dated 17.02.2014 and 18.05.2015. Hence, he is not entitled for award of accidental free service. The copy of letter dated 28.04.2015 having clarification with regard to station superintendent has been annexed as Annexure CR-2 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.
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 has been filed by the applicant reiterating earlier stands taken by applicant.
8. Heard Ld. Counsel for the applicant Sri Praveen Kumar and Sri H.G. Upadhyay for the respondents and perused the records of the case.
69. This fact is not disputed that the applicant served more than 23 years as Assistant Station Master/Station Master before promotion to the post of station superintendent. It is also not denied that the applicant has been retired from the post of station superintendent in the year 2015.
10. In view of the admitted fact the controversy remains to be answered is that if railway employee during his entire service tenure worked under categories specified in the circular dated 06.07.1998 and retire from another post, would he be entitled to the benefit of the Accidental Free Service Award?
11. (a) The perusal of circular dated 06.07.1998 reveals that this award would be payable only at the time of retirement.
(b) Para-2 of this circular speaks that entire length of service of staff should be viewed in totality for the purposes of granting this award.
(c) The quantum of award will vary depending on the total length of service in all the eligible categories combined for example in category-A, if employee rendered services upto 7 years he would be entitled 20 days basic pay under award. Similar for category-B if employee rendered upto 7 years service he would be entitled to 15 days basic pay as award.
(d) This basic pay does not include any allowance.
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 born 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 7 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.
15. Therefore, this Tribunal is of the view that decision of the respondents for not granting the benefit of the scheme to the applicant due to the reason that he retired from the post of Station Superintendent which is not specified category in the circular dated 06.07.1998 but who admittedly served for more than 23 years as Assistant Station Master/Station Master before his retirement as Station Superintendent is not sustainable..
16. Accordingly, the decision taken for not granting the benefit of the scheme to the applicant is liable to be set-a-side and petition deserves to be allowed.
17. The petition is allowed. The impugned decision communicated vide letter dated 21.05.2015 to the applicant is quashed. The respondents are directed to consider the claim of the applicant for grant of Accident Free Service Award in the light of this judgment, if he 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 the order.
18. If the applicant is found entitle for award in the light of this judgment, the amount of award as specified in the circular dated 06.07.1998 shall be paid within one month thereafter to the 8 applicant with simple rate of interest @ 8% p.a. from the date of his retirement till the date of actual payment made to the applicant.
19. There shall be no order as to costs.
(Justice V. C. Gupta) Member (Judicial) JNS