Central Administrative Tribunal - Hyderabad
K Satyanandam vs M/O Railways on 10 October, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL: HYDERABAD BENCH AT HYDERABAD 0A/021/01179/2014 "Date of CAV : 05-09-2018 Date of Order ;jo° - }o-2018 Between - :
_K, Satyanandam S/o late. Stik K.David,-
"Aged about 55. years, Occ : RPF Constable (MD), Presently Duftry in O/o Sr. DME, S CRly, Sanchalan Bhavan, Secunderabad, R/o Hyderabad. ": * .. Applicant AND'
1. The Chairman, Min of Railways, 7 . ----
Railway Board, Rail Bhavan, .
New Delhi.
2. The General Manager, South Central Railway, | Rail Nilayam, Secunderabad.
3. The Chief Personnel Officer, South Central Railway, :
Rail Nilayam, Secunderabad.
4. The Divisional Railway Manager (P), South Central Railway, Sec'bad Division, _ 4" Floor, Sanchalan Bhavan, | Secunderabad -- 500 071. . . : . Respondents Counsel for the Applicant | Mr. V.Venkateswara Rao Counsel for the Respondents : Mrs.M.Venkateswari, SC for Rlys CORAM:
THE HON'BLE MR.B.V.SUDHAKAR, ADMINISTRATIVE MEMBER THE HON'BLE MR.SWARUP KUMAR MISHRA, JUDICIAL MEMBER (Order per Hon'ble Mr.Swarup.Kumar Mishra, Judicial Member) 4G v4 (Order per Hon'ble Mr.Swarup- kumar Mishra, Judicial) Member) This application is filed "Uorre of section 19 of the Administrative Tribunals Act, 1985 to declare the letter No.SCR/P-SC/143/EP/MD/ADMN, dated 23-12-2013 issued by Respondent No.4 as illegal, arbitrary and unconstitutional and set aside the same by holding that the applicant --
herein is entitled for grant of Grade Pay of Rs.4200 with the corresponding -
pay scale as 3 stage financial upgradation under Modified Assured Career Progression Scheme (MACPS) on completion of 30 years of service w.e.f. 17-4-2013 on par with his 1983 batch RPF constables with all consequential benefits such as arrears of pay and allowances, seniority etc. and pass any other order or orders as is deemed fit, proper, necessary and expedient in the circumstances of the case.
2. The brief facts of the case are that the applicant was initially appointed as Constable in the Railway Protection Force (RPF) in the pay scale of Rs.225-308 with effect from 17-04-1983 on regular basis. The said scale of pay was revised to Rs.825-1200 with effect from 1-1-1986 as per the recommendations of IV CPC. He was medically decategorised with effect from 24-6-1996 as he was found unfit for B-1 category and found fit for C-1 category by the Medica! Superintendent of Railway Hospital at Lalaguda as he was suffering from serious illness of 'elilepsy'.. Thereafter, he was forced to avail LAP and EOL till he was posted as peon in the lower scale of pay of Rs.750-940/2550-3200 {V CPC) in the O/o Sr.DME (P), Secunderabad vide orders dated 27-3-1997 contrary to the provisions of law. He joined the post in the said lower scale, as he was not getting Salary 2 Fo a Tt 4 ing, jtedifficult to maintain his family without i eal for about 9 months and fj salary. He was entitled to be absorbed in the equivalent grade or post in the scale of pay of Rs.825-1206. which was revised to the scale of pay of Rs.2750-4400 with effect from 1-1-1996 as per the recommendations of V CPC on his medical decategorisation on 24-6-1996 according to the provisions of Sec. 47(1) of Persons with Disabilities Act, 1995. Aggrieved by denial of benefits accrued to him by law as consequence of medical decategorisation, he approached this Hon'ble Tribunal by way of filing
-0.A.No.771 of 2003 for necessary reliefs.
3. it is further averred in the application that, OA No.771/2003 was allowed vide order dated 30-6-2004 with the following directions : -
(a) the applicant shall be placed ina supernumerary post created in the scale of pay of Rs.825-1200 /-2750-4400 for the period from 25"
June, 1996 to 27 March, 1997 and he be paid the pay and allowances for the said period at the same rate he was drawing prior to his medical decategorisation in the said scale of pay;
(b) the applicant shall be absorbed in the alternative post / grade in the scale of pay of Rs.825-1200 / 2750-4400 with effect from 28°"
March, 1997 consequent on his medical decategorisation as per the provisions of Sec. 47(1} of the Persons with Disabilities Act, 1995; and
(c) the applicant shall be granted the first stage financial upgradation under the ACP Scheme to the scale of pay of Rs. 3050-4590 with effect from 1* Sept., 1998 along with arrears of pay and allowances with al! consequential benefits, such as, arrears of pay and allowances, seniority etc. AES * f ae me Thereafter, the Respondents chave preferred WP No.673/2005 in the No aed . "
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Hon'ble High Court anc ih® same was dismissed on merits vide judgment dated 14-3-2005 upholding the order of the Tribunal dated 30-6-2004 and the same became final and binding on the Respondents. The said directions were partly complied with and the applicant has not been absorbed in the alternative equivalent pos / grade so far for which C.P was filed separately.
4, (t is further averred in the application that, from 10-10-1997, as clarified by the concerned authorities, ail the RPF constables are already placed in the'said scale of pay as a result of revision. Therefore, the question of granting the said scale of pay as 1* stage financial upgradation under ACP scheme with effect from 1-10-1999 does not arise. Till July, 2003 his designation was being shown as peon drawing the basic pay of Rs.3380/- in the pay slips. The pay scale of peon was Rs.750-940 / 2550- 3200 then. From Aug. 2003, he was shown as Duftry and basic pay of basic pay of rs.3475/-. No orders were communicated to the applicant regarding his appointment as Duftry. The pay scale of Duftry was Rs.2610-3540. The pay scale of neither the peon nor duftry is equivalent to the pay scale of RPF constable in which cadre he was medically decategorised.
5. The applicant further states that the VI CPC pay sales have come into force with effect from 1-1-2006. According to the recommendations of the VI CPC, the pay scale of the RPF Constable ie Rs.3050-4590 has been revised to Rs.5200-20200 with the Grade Pay of Rs.2000. Even before the implementation of V CPC scales of pay, the applicant was medically 4 mF "
decategorised on 24-6: 1966, white he was in the pay scale of Rs.825-1200 which became the pay scales of Rs.2750-4400 with effect from 1-1-96 and Rs.3050-4590 with effect from 10-10-97. The ACP scheme was introduced with effect from 1-9-1998, as per which, the next higher scales of pay in the hierarchy have to be granted to the incumbents on completion of 12 years and 24 years of service as 1 and 2" stage financial upgradations. The Modified ACP scheme (MACPS) was introduced in 2009, as per which, the next highe scales of pay / grade pays in the hierarchy have to be granted to the incumbents on completion of 10, 20 and 30 years of service ie the 1° & 2" stage upgradations, if any, granted under the ACP scheme have to be ignored, Thus, the applicant herein is eligible and entitled to be granted next higher scales of pay / grade pays with effect from 17-4-93, 17-4-2003 and 17-4-2013 on completion of 10,20 and 30 years of service towards 1", 2"? and 3" stage financial upgradations under MACP scheme. Thus, he is supposed to be granted the pay scale of Rs.9300-34800 + Gp Rs.4200 now, towards the 3™ stage financial upgradation under MACP scheme since he completed 30 years of service on 17-4-2003, whereas, he is granted the GP _ Rs.2000 only with the corresponding pay scale of Rs.5200-20200 from Nov. 2009 only as shown in the pay slips. It has resulted in huge financial loss to him. Therefore he is deemed to be in the RPF constable cadre, holding supernumerary post and working in the office of the Sr.DME, SC Rly, Secunderabad and he is entitled to all the benefits and treatment on par with his 1983 batch RPF constables and he cannot be discriminated in this respect.
6. It is further averréd inthe' application that the applicant herein 12 i aa i submitted representation, gole%4'7-10-2013 requesting for grant of financial benefits due to him as per the circulars relating to the revision of pay scales, ACP and MACP. Thereafter, the 4° respondent issued orders dated 31-10-2013 ordering G.P of Rs.2000 and Rs.2400 as 2™ and 3 stage MACP illegally and arbitrarily. Aggrieved by that, the applicant submitted another representation dated 12-11-2013 on which no action was taken. Then he sought information under RTI Act vide his application dated 2-12- 2013 regarding status of his representations and the reasons for not allowing the scale of pay of Rs.3050-4590 with effect from 1-1-1996 and other related information. Thereafter, the PIO in his own official capacity furnished copy of his letter dated 23-12-2013 rejecting the appticant's claim and asserting that 2°? ,3% stage MACPS ie Grades Pay of Rs.2000 and Rs.2400 are extended to him as per his eligibility, which is not correct. The grade pay of rs.2400/- was never granted to him so far as is evident from the latest pay slips of the applicant.
7. It is further averred in the application that, all his batch RPF constables have been granted the G.P Rs.4200 as 3% Stage financial upgradation under MACPS with effect from various dates in 1983 on completion of 30 years of service, as is evident from the orders passed on 20-3-2014 by the Security Branch of the S.C. Railway but the applicant's case has been deliberately ignored though he is eligible and entitled to the same. Such an action on the part of the authorities is contrary to the i"
provisions of Sec. 47(1) of the Persons with Disabilities Act, 1995. Hence this application.
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8. Respondents have filed reply statement stating that, the financial benefits under ACP Scheme have come into existence with effect from 01.10.1999 and not from 01.09.1998. Even though the employee had completed more than 12 years, he was granted 1° ACP Scheme. The revised scales of RPF are not applicable to the said employee since he was absorbed as Peon on medical de-categorisation on 09-04-1997 only i.e., prior to revision of scales of RPF with effect from 10.10.1997. Hence his contention that he is eligible for GP 4200 in MACP Scheme on completion _ of 30 years of service is not correct.
9, The Respondents further states that the applicant's contention that he is still continuing on supernumerary post is not correct since the supernumerary post ceased to exist from the date of absorption in alternative post as clearly brought out in letter dated 08.05.2006. The applicant's name is reflecting in the seniority list of duftry category along with other employees. The Respondents further state that, vide letter dated 23.12.2013 stating that the scale of constable / RPF has been modified from 10.10.1997 and not from 01.01.1996.
10. The Respondents further state that, as the applicant's batch mates are working in RPF Department as on the date of revised scales i.e., as on 10.10.97 and now also continuing in RPF Department only and hence the revised grades are applicable to > rev OMY Accordingly they were granted 7~ GP of rs.4200 as 3 MACPS on completion of 30 years of service in their department. But on the date of revising "the RPF scales ie on 10.10.1997, the applicant had already been medically de-categorised and absorbed as. peon and hence not eligible for extending the scale of Rs.3050-4590 and also for GP 4200 on par with his batch mates. Accordingly the Respondents pray for dismissal of the O.A as the same is devoid of merits.
11. We have heard Mr. V. Venkateswara Rao, learned counsel for the applicant and Mrs. M. Venkateswari, learned Standing Counsel for Railways.
12. In support of his contentions, learned counsel for the applicant relied upon the decision of this Tribunal in OA No.771 of 2003, decided on 30.07.2004 which was confirmed by the Hon'ble High Court in WP No.673/2005 vide order dated 14.03.2005.
43. The applicant was medically decategorised due to epilepsy. !t has been held by this Tribunal in the previous OA ie OA No.771/2003 that the applicant was medically decategorised for valid reasons on the basis of the medical certificate furnished by the Medical Supdt., of Railway Hospital. As per the provisions of Section 47 (1) and (2) of Persons with disabilities Act, 1995 stipulates as follows :-
"47. Nondiscrimination in Government employment - reduce in rank, an employee who acquired a disability during his service.
vale ot Provided that, if an \agnployée, After acquiring disability is not suitable for the post he washoldirig" could be shifted to some other post with the same pay scale and service benefits :
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is later.
(2) No promotion shall be denied to a person merely on the ground of his disability.
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section."
Taking into consideration the facts and circumstances of the case and the said provisions, this Tribunal in the earlier OA had directed that:
(i) The applicant shall be placed in a supernumerary post created in the scale of pay of Rs.825-1200/2750-4400 for the period from 25°" June, 1996 to 27" March, 1997 and he be paid the pay and allowances for the said period at the same rate he was drawing prior to his medical decategorisation in the said scale of pay.
(ii) | The applicant shall be absorbed in the alternative post / grade in the scale of pay of Rs.825-1200/2750-440/- with effect from 28" March, 1997 consequent on his medical decategorisation as per the provisions of Section 47(1) of the Persons with.
Disabilities Act, 1995 ; and
(iii) The applicant shall be granted the first stage financial upgradation under ACP Scheme to the scale of pay of Rs.3050- 4590/- with effect from 1* September, 1998 along with arrears of pay and allowances with all consequential benefits, such as, arrears of pay and allowances, seniority etc.,.
The Hon'ble Supreme Court in the case of Kunal Singh Vs. Union of India & Another [ 2003 (2) SLR 502], observed as follows :-
"QO. kaa It must be remembered that an employee does not acquire or suffer disability by choice. An employee, who acquired disability during his service, is sought to be protected under section 47 of the Act specifically. Such employee, acquiring disability, if not protected, 9 would not only suffer himself, but possible all those who depend on"
him would also suffer. The very frame and contents of section 47 clearly indicate its mandatory nature. He very opening part of section reads : no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service". The section further provides that if an employee after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits; if it is not possible to adjust the employee against any post he will be kept ona supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Added to this no promotion shall be denied to a person merely on the ground of his disability as is evident from sub-section (2) of section 47. Section 47 contains a clear directive that the employer shall not dispense with or reduce in rank an employee who acquires a disability during the service. In construing a provision of social beneficial enactment that too dealing with disabled persons intended to give them equal opportunities, protection of rights and full participation, the view that advances the object of the Act and services its purpose must be preferred to the one which obstructs the object and paralyses the purpose of the Act. Language of section 47 is plain and certain, casting statutory obligation on the employer to protect an employee acquiring disability during service."
In that view of the matter, it was not open to the Respondents that the applicant is not entitled to the pay scale of RPF constable since he has been actually working as Peon due to his medical decategorization. It is immaterial that in the above circumstances as to whether the applicant had in fact worked as RPF Constable or was given an alternate post for any particular reason, by taking the said plea the Respondents cannot refuse to sanction the financial benefit which his batchmates are getting with effect from 10.10.1997. He was also entitled to GP Rs.4200/- under MACP as such the financial upgradation due to completion of 30 years of service on par with his batchmates. The denial of the same to the applicant is illegal, arbitrary, discriminatory and is in violation of the spirit of Section 47 of Equal Opportunities to Persons with Disabilities Act, 1995. Hence the letter dated 23.12.2013 vide Annexure A-1 is set aside. Therefore even though 10 "Sy H :
ee ere the applicant was not able to perform the duties of RPF constable and has er been assigned the post of Peon, he is entitied to get the revised scales which his batchmates as RPF constable are getting with effect from 10.10.1997 in the scale of pay of Rs.3050-4590 and also GP Rs.4200/- on par with his batchmates with all consequential benefits.
15. The OA is allowed as per the observations and findings given above.
The Respondents are granted three months time from the date of receipt of a copy of this order to fully comply with these orders.
16. OA is allowed to the extent indicated above. In view of the final disposal of the OA, MA No.149/2016 is dismissed as no order is necessary.
No order as to costs.
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