Central Administrative Tribunal - Hyderabad
G Babu Rao vs M/O Railways on 19 March, 2024
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/020/0837/2021; OA/20/698/2021;
OA/20/33/2022; OA/20/74/2022; OA/20/886/2020
HYDERABAD, this the 19th day of March, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
Hon'ble Mrs. Shalini Misra, Administrative Member
O.A./837/2021
1. G. Leela Krishna,
S/o Late. G.V.Seethapathy, aged 51 Years, Occ: Chief Loco
Inspector (Group 'C'), East Coast Railway, Waltair Division,
Visakhapatnam.
2. Pillala Srinivasa Rao,
S/o Narayana Rao, aged 47 Years, Occ: Chief Loco Inspector,
East Coast Railway, Waltair Division, Visakhapatnam.
3. Kinthali Anantha Rao,
S/o Mukhalingam, aged 49 Years, Occ: Chief Loco Inspector,
East Coast Railway, Waltair Division,
Visakhapatnam
4. T. Venkata Viswa Prasad, S/o T. Rajayya, aged 45 Years,
Occ: Chief Loco Inspector,
East Coast Railway, Waltair Division, Visakhapatnam.
5. G. Rama Mohan,
S/o Buchi Babu, aged 50 Years, Occ: Chief Loco Inspector,
East Coast Railway, Waltair Division,
Visakhapatnam.
...Applicants.
(By Advocate: Mr. KRKV Prasad)
Vs.
1. Union of India represented by The Secretary,
Railway Board, Ministry of Railways, Rail Bhavan,
New Delhi.
2. The Executive Director/Pay Commission-II,
Page 1 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
Ministry of Railways, Railway Board, Rail Bhavan,
New Delhi.
3. The General Manager, East Coast Railway,
Chendrasekharpur, Bhubaneswar - 751023, Oddissa.
4. The Senior Divisional Electrical Engineer (Operations)
East Coast Railway, Waltair Division,
Visakhapatnam, Andhra Pradesh
5. The Senior Divisional Personnel Officer,
East Coast Railway, Waltair Division,
Visakhapatnam, Andhra Pradesh.
... Respondents.
(By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)
O.A./698/2021
1. E.V. Rama Krishna, S/o Late. Krishna Murthy, aged 46 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
2. Danta Ramesh, S/o D. Pakeeru, aged 43 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
3. M. Chinnodu, S/o M. Pydithalli, aged 45 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
4. K. Bhaskara Rao, S/o Suryanarayana, aged 48 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
5. G. Ranganayakulu, S/o G. Ranga Rao, aged 49 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
6. N. Anand, S/o Late. N. Appala Naidu, aged 45 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
7. Billa Srinivasa Rao, S/o Appala Narayana Rao, aged 50 Years,
Occ: Loco Pilot (Goods), 0/0 The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
8. V. Ramakrishna, S/o Late. Venkanna, aged 48 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
Page 2 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
9. K. Srinivasa Rao, S/o Appala Raju, aged 50 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
10. V. Siva Kumar, S/o Surya Rao, aged 50 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North Halt, Waltair Division,
Visakhapatnam.
11. N. Durga Prasad, S/o N. Narasimha Murthy, aged 50 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
12. S. Ramakrishna, S/o S. Kesava Rao, aged 47 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North Halt, Waltair Division, Visakhapatnam.
13. B. Appala Naidu, S/o Kotayya, aged 45 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
14. P.V. Durga Prasad, S/o P.V. Subbarao, aged 48 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
15. K. Sreenivasa Rao, S/o Gangadhara Janardhana Rao, aged 51 Years,
Occ: Loco Pilot (Goods),
O/o The Chief Crew Controller, East Coast Railway, Marripalem
Halt, Waltair Division, Visakhapatnam.
16. G.V.S.S. Rama Varma, S/o Gan Raju, aged 49 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
17. K.V. Ramana, S/o Appa Rao, aged 45 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
18. B.T.V. Satyanarayana, S/o B. Satyam, aged 51 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
19. P.V.S.R. Kumar, S/o P. Venkata Rao, aged 52 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
20. A. Sreeramulu, S/o Appala Naidu (Late), aged 52 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
Page 3 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
21. N. Trinadha Rao, S/o Late. Krishna Murthy, aged 47 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
22. V. Suryanarayana, S/o Appala Ramayya, aged 44 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
23. Seela Boyina S.N. Murthy, S/o Late. S. Venkateswara Rao, aged 44
Years, Occ: Loco Pilot (Goods),
O/o The Chief Crew Controller, East Coast Railway, Simhachalam
North, Waltair Division, Visakhapatnam.
24. Molli Jaya Kumar, S/o M. Veera Raju, aged 44 Years, Occ: Loco
Pilot (Goods), 0/ The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
25. Thogaru Vijay Kumar, S/o V. Kothandapani, aged 44 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Koraput, Waltair Division.
26. Sagi Sathi Raju, S/o S. Appala Raju, aged 42 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
27. V.S.N. Sridhar.L, S/o L. Mallikharjuna Rao, aged 48 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
28. P.S.R. Krishna, S/o Sree Ramulu Naidu, aged 46 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
29. Yamalapalli Satyam, S/o Appala Swamy, aged 44 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
30. Dusi Gopala Krishna, S/o Lakshmana Rao, aged 47 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
31. Hema Sundara Rao, S/o Simhadri Naidu, aged 44 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
32. M. Rambabu, S/o Yeruku Naidu, aged 41 Years,
Occ: Loco Pilot (Goods), 0/0 The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
33. K. Ravi Kumar, S/o K. Appala Naidu, aged 43 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
Page 4 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
34. Y. Kiran Kishore, S/o Y. Suryanarayana, aged 46 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
35. M. Srinivasa Rao, S/o M. Venkata Rao, aged 48 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
36. P.R. Prasad, $/o Late. Hari Panigrahi, aged 47 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
37. K.B.V. Satyanarayana, S/o Nageswara Rao, aged 46 Years, Occ:
Loco Pilot (Goods), 0/ The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
38. K. Rajasekhar, S/o K. Raja Rao, aged 46 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
39. P. Prasada Rao, S/o Late. Ramulu, aged 47 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
40. N.J. Reddy, S/o Ramana Reddy, aged 48 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
41. B.S. Reddy, S/o Late. B.L. Swamy, aged 47 Years,
Occ: Loco Pilot (Goods), O/o The Chief Traction Crew Controller,
East Coast Railway, Marripalem Halt, Waltair Division,
Visakhapatnam.
42. M. Ramesh, S/o Late. Surya Rao, aged 48 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
43. M.R. Someswara Rao, S/o Sivananda Rao, aged 49 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
44. S. Venu, S/o S. Rama Rao, aged 47 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
45. R. Jogarao, S/o Rama Rao, aged 49 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, cast Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
46. B.S. Prakash Rao, S/o Gangu Naidu, aged 50 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
Page 5 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
47. V.V. Rama Rao, S/o V. Appalanarayana, aged 45 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
48. Y. Nageswara Rao, S/o Surapu Naidu, aged 50 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
49. K.V.S. Ravi Kiran, S/o K. Narasimha Murthy, aged 45 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
50. B.K.Haranath, S/o B. Trinadh, aged 47 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
51. K.V.V. Yugandhar Kumar, S/o K.S.V. Siva Rao, aged 46 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
52. Asapu Srinivas, S/o A.N.Raju, aged 49 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
53. P.V. Prasad, S/o P. Bala Raju, aged 47 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
54. Gedela Appala Naidu, S/o Demudu, aged 43 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Koraput, Waltair Division.
55. Nydana Prasadu, S/o Rama Rao, aged 45 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
56. Ganesh Moturu, S/o Sita Ramulu, aged 45 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
57. K. Ashok Kumar, S/o Saibaba (Late), aged 45 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
58. G. Narendra Kumar, S/o Mohan Rao, aged 51 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
59. G. Kanna Rao, S/o Suryanarayana, aged 45 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
Page 6 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
60. R. Manmath Reddy, S/o Late. R. B. Reddy, aged 50 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
61. K.V.S. Gupta, S/o Subramanyeswara Rao, aged 51 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Koraput, Waltair Division.
62. B. Ramesh Kumar, S/o Naram Naidu, aged 48 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
63. C.A. Narasimha Raju, S/o Late. Ramaraju, aged 48 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Koraput, Waltair Division.
64. R. Lakshmana Rao, S/o R. Malli Babu, aged 47 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
65. Lalam Suresh, S/o Late. L. Ramachandra Rao, aged 49 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
66. V.S.K.Sarma, S/o V. Visweswara Rao, aged 43 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
67. M.V.R. Mohan Rao, S/o Thaviti Raju, aged 50 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
68. M. Sarada Babu, S/o M. Adinarayana, aged 49 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
69. Medikonda Ajay Kumar, S/o M. Dasu, aged 44 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Marripalem Halt, Waltair Division, Visakhapatnam.
70. P. Ravi, S/o Apparao, aged 42 Years,
Occ: Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Marripalem Halt, Waltair Division, Visakhapatnam.
71. Pulugu Eswara Rao, S/o P. Sanyasappa Rao, aged 47 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Vizayanagaram, Waltair Division, Visakhapatnam.
72. B. Narayana Rao, S/o Satyanarayana, aged 46 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
73. B.V. Siva Varma Raju, S/o B.K.M. Raju, aged 39 Years, Occ: Loco
Pilot (Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
Page 7 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
74. L. Rama Krishna, S/o Late. Satyam, aged 46 Years, Occ: Loco Pilot
(Goods), O/o The Chief Crew Controller, East Coast Railway,
Simhachalam North, Waltair Division, Visakhapatnam.
75. D.U. Maheswar Rao, S/o D. Appa Rao (Late), aged 46 Years, Occ:
Loco Pilot (Goods), O/o The Chief Crew Controller, East Coast
Railway, Simhachalam North, Waltair Division, Visakhapatnam.
...Applicants.
(By Advocate: Mr. KRKV Prasad)
Vs.
1. Union of India represented by The Secretary,
Railway Board, Ministry of Railways, Rail Bhavan,
New Delhi.
2. The Executive Director/Pay Commission-II,
Ministry of Railways, Railway Board, Rail Bhavan,
New Delhi.
3. The General Manager, East Coast Railway,
Chendrasekharpur, Bhubaneswar - 751023, Oddissa.
4. The Senior Divisional Electrical Engineer (Operations)
East Coast Railway, Waltair Division,
Visakhapatnam, Andhra Pradesh
5. The Senior Divisional Personnel Officer,
East Coast Railway, Waltair Division,
Visakhapatnam, Andhra Pradesh.
... Respondents.
(By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)
O.A./33/2022
1. Gobbaka Srinivasa Rao, S/o G.Mallayya Swamy,
aged 41 years, Occ: Senior Assistant Loco Pilot, Marripalem,
East Coast Railway, Waltair Division, Visakhapatnam.
2. A.V.S.S.S.Prasad, S/o Appala Naidu, aged 45 years,
Occ: Senior Assistant Loco Pilot, East Coast Railway, Waltair
Division, Visakhapatnam.
Page 8 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
3. M.Purushothama K Swamy, S/o Siva Rao, aged 45 years, Occ:
Loco Pilot (Shunting), Marripalem.
East Coast Railway, Waltair Division, Visakhapatnam.
...Applicants.
(By Advocate: Mr. KRKV Prasad)
Vs.
1. Union of India represented by The Secretary,
Railway Board, Ministry of Railways, Rail Bhavan,
New Delhi.
2. The Executive Director/Pay Commission-II,
Ministry of Railways, Railway Board, Rail Bhavan,
New Delhi.
3. The General Manager, East Coast Railway,
Chendrasekharpur, Bhubaneswar - 751023, Oddissa.
4. The Senior Divisional Personnel Officer,
East Coast Railway, Waltair Division,
Visakhapatnam, Andhra Pradesh.
5. The Divisional Railway Manager,
East Coast Railway, Khurda Road Division,
Khurda, Jatni District- 752050
... Respondents.
(By Advocate: Mrs. K Rajitha, Sr. PC for CG)
O.A./74/2022
1. Jagga Rao Yellapu, S/o Appa Rao Yellapu,
aged 45 years, Occ: Office Superintendent,
O/o Senior Divisional Personnel Officer, East Coast Railway,
Waltair Division, Visakhapatnam.
2. D. Ram Mohan Rao, S/o D.V. Rao, aged 46 years,
Occ: Office Superintendent,
O/o Senior Divisional Personnel Officer, East Coast Railway,
Waltair Division, Visakhapatnam.
3. D.V.S.Prasad, S/o D.Narasinga Rao, aged 51 years,
Occ: Office Superintendent, O/o Senior Divisional Personnel
Officer, East Coast Railway, Waltair Division, Visakhapatnam.
4. B.Srinivasa Rao, S/o Krishna, aged 50 years,
Page 9 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
Occ: Office Superintendent,
O/o Senior Divisional Personnel Officer, East Coast Railway,
Waltair Division, Visakhapatnam.
5. N.S.P.Rao, S/o N.N.M. Reddy, aged 49 years,
Occ: Office Superintendent,
O/o Senior Divisional Personnel Officer,
East Coast Railway, Waltair Division,
Visakhapatnam
...Applicants.
(By Advocate: Mr. KRKV Prasad)
Vs.
1. Union of India represented by The Secretary,
Railway Board, Ministry of Railways, Rail Bhavan,
New Delhi.
2. The Executive Director/Pay Commission-II,
Ministry of Railways, Railway Board, Rail Bhavan,
New Delhi.
3. The General Manager, East Coast Railway,
Chendrasekharpur, Bhubaneswar - 751023, Oddissa.
4. The Senior Divisional Personnel Officer,
East Coast Railway, Waltair Division,
Visakhapatnam, Andhra Pradesh.
... Respondents.
(By Advocate: Mrs. K Rajitha, Sr. PC for CG)
O.A./886/2020
1. G.Babu Rao, S/o G.Venkata Rao, aged 53 Years, Occ: Loco
Pilot (Pass.), O/o The Chief Crew Controller, South Central
Railway, Vijayawada.
2. B.Nagendra Prasad, S/o B.Subba Rao, aged 44 Years, Occ: Loco
Pilot (Pass.), O/o The Chief Crew Controller, South Central
Railway, Vijayawada.
3. A.Murali Nath, S/o Hanumanthaiah, aged 51 Years,
Occ: Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Bitragunta.
Page 10 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
4. M.V.V.S.H.Rajasekhar, S/o M.M.Raju, aged 48 Years, Occ:
Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Rajahmundry.
5. G.Udaya Kishore, S/o Chandra Rao, aged 47 Years,
Occ: Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Rajahmundry.
6. E.Srinivasa Rao, S/o E.Muni Swamy, Aged 48 Years, Occ: Loco
Pilot (Pass.), O/o The Chief Crew Controller, South Central
Railway, Vijayawada.
7. M.V.V.S.N.Murthy, S/o Chandradhara Rao, aged 47 Years,
Occ: Loco Pilot (Pass.), 0/ The Chief Crew Controller, South
Central Railway, Vijayawada.
8. Ch. V.R.Subba Reddy, S/o Narayana Reddy, aged 43 Years,
Occ: Loco Pilot (Pass.), O/ The Chief Crew Controller, South
Central Railway, Vijayawada.
9. M.Suresh Babu, S/o M.S.S.Prasad, Aged 48 Years,
Occ: Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Vijayawada.
10. V.Nageswara Rao, S/o V.Kotaiah, Aged 52 Years,
Occ: Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Bitragunta.
11. G.Venkateswara Rao, S/o Rama Rao, aged 46 Years, Occ: Loco
Pilot (Pass.), O/o The Chief Crew Controller, South Central
Railway, Rajahmundry.
12. B.Raghava, S/o Krishna Reddy, Aged 43 Years,
Occ: Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Bitragunta.
13. V.V.V.Satyanarayana, S/o Marini Raju, Aged 46 Years, Occ:
Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Vijayawada.
14. Y.Konda Reddy, S/o Peda Konda Reddy, aged 47 Years, Occ:
Loco Pilot (Pass.), O/o The Chief Crew Controller, South
Central Railway, Bitragunta.
15. Y.Govinda Reddy, S/o Linga Reddy, aged 48 Years, Occ: Loco
Pilot (Pass.), O/o The Chief Crew Controller, South Central
Railway, Bitragunta.
...Applicants.
(By Advocate: Mr. KRKV Prasad)
Page 11 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
Vs.
1. Union of India represented by
The Secretary, Railway Board, Ministry of Railways,
Rail Bhavan,
New Delhi and 3 others.
2. The General Manager,
South Central Railway, Rail Nilayam, Secunderabad.
3. The Principal Chief Personnel Officer,
South Central Railway, Rail Nilayam, Secunderabad.
4. The Senior Divisional Personnel Officer,
South Central Railway, Vijayawada Division, Vijayawada.
... Respondents.
(By Advocate: Mr. B Rajeshwar Rao, Sr. PC for CG)
Page 12 of 16
OA/837/2021, OA698/2021, OA/33/2022,
OA/74/2022, OA/886/2020
COMMON ORDER (ORAL)
(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member) Since the issue involved in all the O.As is similar, all these O.As are taken up for hearing together and a common order is being passed. However, O.A./837/2021 is taken up as a lead case. The prayer sought in the said O.A. is as follows:
"This Hon'ble Tribunal may be pleased to call for the records pertaining to the pay fixation of the applicants at the time of promotion of Loco Pilot (Goods) and the replies dated 12.04.2019 and 05.02.2020; and set aside and quash the said letters, duly declaring the action of the respondent Waltair division in not revising the pay of the applicants in the post of Loco Pilot (Goods) by applying FTR- 5 table enclosed to the instructions issued by Railway Board vide RBE No.109 of 2008 and the clarificatory instruction dated 13.02.2020 - as illegal, arbitrary, discriminary and unjust; and direct the respondent Railways to fix the the minimum pay of the applicants at the time of promotion as Loco Pilot (Goods) at Rs.14,790/- and accordingly revising the pay of the applicants from time to time and grant all consequential benefits including payment of difference in pay and other allowances, benefit of increments on the revised pay etc., to the applicants and pass such other order or orders as deemed fit and proper in the interest of justice."
2. The Brief facts of the case are that the applicants joined as Asst. Loco Pilots, and they were promoted on Loco Piltot (Goods) and Chief Loco Inspector as Loco Pilot (Goods). Their pay scale of Rs.5000-8000/- in 5th CPC, PB-2 with Grade pay Rs.4200/- corresponding to Level-6 in 7th CPC the pay of the applicants was fixed on promotion to the post of Loco Pilot (Goods) by following RBE No. 108 of 2008, instead of applying RBE No. 109 of 2008. The 1st respondent-Ministry issued clarifications and other Zonal Railways granted benefit of pay fixation of running cadre employees by following the instructions and the FTR tables enclosed to RBE No. 109 of 2008 vis-à-vis the Railway Servants (Revised Pay) Rules, 2008. The Applicants filed the present O.As seeking revision of earlier fixations as the representations were rejected and the impugned decision is resulting in drawing less pay than their entitlement causing loss in each month's salary. Hence, this O.A. Page 13 of 16 OA/837/2021, OA698/2021, OA/33/2022, OA/74/2022, OA/886/2020
3. After notice the respondents have appeared through their counsel, filed a detailed reply and opposed the relief. The respondents also filed the documents on record. The applicants being departmentally promoted staff and not direct recruits, the said Railway Board instructions i.e. RBE No. 158/2018 are not applicable in the case of the applicants and as such they are not entitled for any re-fixation of pay. The learned counsel for the respondents further contended that the reliance made by the applicants stating therein that as per the said clarification given by the Railway Board in RBE No.158/2018 number of zonal railways have revised their pay fixation of running staff and extended the benefit of minimum pay as prescribed in the FTRs communicated under the RBE No.132/2008. As such the Railway Board vide their letter dated 22.02.2021 has directed the North Western Railway and East Central Railway to provide the rationale behind pay fixation done by them and also directed to provide the reason behind it for not referring the matter to the Railway Board if any doubt persists with them. Without understanding the provisions of RBE No.158/2018, these railways have fixed the pay on promotion in the 6 th CPC as per the fitment table provided in RBE No.109/2008, when there was no specific reference made in the said RBE No.158/2018. The learned counsel for the respondents further contended that the matter is seized of before the Railway Board and the same will be considered.
5. Heard both sides and perused the records.
6. The learned counsel for the applicants further relied upon the order passed by the Co-ordinate Bench, Allahabad in O.A./430/2020 in the matter of Mr. Prasanjeet Biswas Vs Union of India (North Central Railway) dated 29.02.2024. The learned counsel for the applicants further contended that the main issue which was there under consideration before the Co-ordinate Bench, Allahabad, is in respect of the RBE No.158/2018 dated 12.10.2018 and its interpretation while granting the benefit to the employees when they were promoted, but there was no post available for the direct recruits. While considering the issue, the Bench has referred the orders passed by the Uttarakhand High Court and observed that RBE guidelines are very clear and there is no room for not granting such a benefit under the said OM dated 28.09.2018 adopted by the Railway Board. Thereby, the decision has been taken in favour of the applicants.
Page 14 of 16OA/837/2021, OA698/2021, OA/33/2022, OA/74/2022, OA/886/2020
7. The learned counsel for the applicants further contended that the issue involved in the present O.A. is no more res-integra and is squarely covered by this order since the said RBE No. 158/2018 has been interpreted.
8. On the other hand, Mrs. B Gayatri Varma, learned counsel for the respondents, vehemently opposed the relief on the ground that though it is ordered by the Co-ordinate Bench. The learned counsel for the respondents further contended that the issue has already been taken up before the Railway Board and information has been sought by the Railway Board vide their letter dated 22.02.2021 from the North Western Railway and East Central Railway and the same is seized of for consideration. Hence, this Tribunal cannot interfere in the process of Administration.
9. It is to be noted that while implementing the benefit under the said RBE No.158/2018, some railways have granted the benefit to their employees. However, Railway Board has called the information and reasons as to why without referring to the Railway Board they have interpreted and granted the benefit. The same is pending with the Railway Board from 2021. We had directed the learned counsel for the respondents to seek instructions and as per the instructions sought by the counsel, it is submitted that the Railway Board has to take a decision on this issue.
10. It is also to be noted that for quite a long time, the issue is pending with the Railway Board. Therefore, we request the Railway Board to take a decision finally in regard to granting the benefit under RBE No.158/2018 as interpreted by DOE vide para 8 of the OM dated 28.09.2018 and communicate the same to all the concerned railways and enable them to proceed in the matter and grant the benefit to the employees who are coming under the zone of consideration if they are otherwise eligible and entitled to seek such a benefit as observed in para 8 of OM dated 28.09.2018 and also considering the observation of the Co-ordinate Bench, Allahabad in its order dated 29.02.2024 in O.A/430/2020. The Railway Board is requested to take the decision at the earliest, preferably within three months from the date of receipt of the order.
Page 15 of 16OA/837/2021, OA698/2021, OA/33/2022, OA/74/2022, OA/886/2020
111. With the above direction, all the O.As are disposed of. There shall be no order as to costs.
(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVEMEMBER JUDICIAL MEMBER
/KR/
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