Kerala High Court
K.Bijeesh vs Union Of India on 20 August, 2025
2025:KER:63609
O.P.(CAT) No.272 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 20TH DAY OF AUGUST 2025 / 29TH SRAVANA, 1947
OP (CAT) NO. 272 OF 2019
AGAINST THE ORDER DATED 04.07.2019 IN OA NO.284 OF 2015 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT IN OA:
K.BIJEESH
AGED 42 YEARS
S/O.BALACHANDRAN NAIR, PHARMACIST/RAILWAY
HOSPITAL/PALAKKAD/SOUTHERN RAILWAY/PALAKKAD DIVISION
RESIDING AT, RAILWAY QUARTER NO.172-A RAILWAY COLONY,
HEMAMBIKA NAGAR, PALAKKAD-682009
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS/RESPONDENTS IN OA:
1 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,
HEAD QUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600003
2 THE SENIOR DIVISIONAL PERSONNEL OFFICER
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O.P.(CAT) No.272 of 2019
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SOUTHERN RAILWAY, PALGHAT DIVISION PALGHAT-678002
3 THE CHIEF PERSONNEL OFFICE
SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK
TOWN .P.O., CHENNAI-600003
4 THE CHIEF PERSONNEL OFFICER
SOUTHERN WESTERN RAILWAY HEADQUARTERS LAKSHMI
BALAKRISHNA SQUARE, 3RD FLOOR, STATION ROAD, HUBLI-
580020
5 THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI-110001
6 THE SR.DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY, HUBLI-580020
BY ADVS.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SHRI.K.SHRI HARI RAO, SENIOR PANEL COUNSEL
SRI.B.RAJESH, SC, RAILWAYS
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 20.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(CAT) No.272 of 2019
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JUDGMENT
Dated this the 20th day of August, 2025 NITIN JAMDAR, C.J.
By this petition, the Petitioner / Original Applicant has challenged the order passed by the Central Administrative Tribunal, Ernakulam Bench, dated 4 July 2019, dismissing the Original Application filed by the Petitioner.
2. The Petitioner was appointed as a Pharmacist Entry Grade on 1 October 1999 in the Hubli Division of the South Central Railway. Thereafter, the Petitioner was promoted to Pharmacist Grade II on 15 May 2007. While working as Pharmacist Grade II, he applied for the post of Pharmacist through the proper channel in response to an employment notification issued by the Railway Recruitment Board, Chennai, and he was selected and appointed in the Southern Railway. Upon confirmation of his appointment, he tendered his resignation on 6 January 2009, which was accepted on 18 February 2009, and he was relieved from South Central Railway on 17 March 2009. He reported at Southern Railway on 18 March 2009, and he was posted in Salem Division.
3. On 30 March 2010, a master circular was issued by the Ministry of Railway (Railway Board) revising the pay structure of Pharmacist Grade II. The Pharmacist (Entry Grade) working on a non-functional basis after two years of regular service in the Grade Pay of ₹2800 were entitled to the pay of a Pharmacist on the merger of Pharmacist Grade II and I. The Petitioner made a 2025:KER:63609 O.P.(CAT) No.272 of 2019 -4- representation to the Respondent Southern Railway that in view of this position, he may be granted placement in the higher Grade Pay of ₹4,200/- with effect from 1 January 2006. On 27 December 2012, this representation was considered and his pay was fixed accordingly in the scale of ₹4500- 7000/5200-20200 with Grade Pay ₹2800/- only with effect from 9 April 2009. The Petitioner thereafter filed O.A.No.284 of 2015 to declare that the Petitioner is entitled to PB-2 + GP ₹4,200/- (NFG) with effect from 9 April 2009.
4. The Respondents contested the Original Application, contending that the case of the Petitioner is not of transfer but the selection was through proper channel to the post of Pharmacist Entry Grade and therefore, he cannot be given the benefit of Pharmacist Higher post which he was holding in the South Central Railway prior to his appointment in Southern Railway. The Tribunal held that the Petitioner is not entitled, as his case is not a request for transfer, but he was selected and appointed to a lower post, knowing fully well that he had applied for a lower post. Accordingly, by the impugned order dated 4 July 2019, the application was rejected.
5. Heard Ms. Kala T. Gopi, learned counsel for the Petitioner and Mr. K. Shri Hari Rao, learned Senior Central Government Counsel.
6. The primary reliance of the Petitioner is on the documents annexed to the Original Application. The master circular issued by the Ministry of 2025:KER:63609 O.P.(CAT) No.272 of 2019 -5- Railways (Railway Board) is dated 30 March 2010. The pay structure of the post of Pharmacist cadre in the railways was revised with effect from 1 January 2006 which is as under:
Designation Pre-revised Pay structure approved pay scale on the recommendation Remarks (Rs.) of Fast Track Committee Pharmacist 4500-7000 Grade Pay of Rs.2800 in Entry grade for (Entry Grade) Pay Band - 1 (Rs.5200- Pharmacist Cadre:
20200) Essential minimum
educational
qualifications of 10+2
in Science or its
equivalent with 2 years
Diploma in Pharmacy
and Registration with
Pharmacy Council of
India or State
Pharmacy Council.
Pharmacist 5000-8000 Grade Pay of Rs.4200 in Pharmacist Grade II
Grade II pay Bank-2 (Rs.9300- and Grade I will be
34800) merged and designated
Pharmacist 5500-9000 as Pharmacist (Non-
Grade I Functional Grade).
This grade to be
granted to Pharmacist
(Entry Grade) on non-
functional basis after 2
years of regular service
in the grade pay of
Rs.2800.
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Pharmacist Grade II and Grade I was merged and designated as Pharmacist (Non-Functional Grade). This grade is to be granted to a Pharmacist (Entry Grade) on a non-functional basis after 2 years of regular service in the grade pay of Rs . 2800.
7. The Petitioner joined the services of the Southern Railway on 9 April 2009. The Respondents have placed on record that, as per the master circular dated 30 March 2010, upon completing two years of regular service in Southern Railway, placement in NFG in PB-2 + GP ₹4200 was granted with effect from 9 April 2011. The Petitioner seeks it from 9 April 2009. The dispute concerns this two years' difference.
8. According to the Petitioner, the services of the Petitioner in the South Central Railway were protected for all purposes, including leave, pension, provident fund, passes, and increment except seniority, as per the provisions in the manual dated 15 December 1990. So also the Railway Board letter dated 7 February 1961. According to the Petitioner, therefore, considering that the Petitioner's services in the South Central Railway ought to have been taken into account for the benefit, the Master Circular dated 30 March 2010 should have resulted in the grant of Grade Pay of ₹4200 in Pay Band-2 to the Petitioner, with effect from 9 April 2009.
9. Even assuming that Petitioner's services were continued for all 2025:KER:63609 O.P.(CAT) No.272 of 2019 -7- purposes except seniority, the main question that arises is whether the benefits of the Master Circular dated 30 March 2010 are applicable to the facts of the Petitioner's case. When the Master Circular was issued on 30 March 2010, all those who had worked on a non-functional basis after two years of regular service in Grade Pay of ₹2800 were entitled to the upgradation. However, this would mean that had the Petitioner continued in the post of Pharmacist entry grade in the South Central Railway instead of resigning from that post and getting appointed to the post of Pharmacist Entry Cadre at the Southern Railway, then the benefit of up gradation based on two years of regular service in Grade Pay of ₹2800 would have been applicable to the Petitioner as of 2009. At the time of resigning from the services of the South Central Railway, the Petitioner was not working as a Pharmacist Entry Cadre in the Grade Pay of ₹2800/-. Instead, the Petitioner had been promoted to the post of Pharmacist/Grade II in the pay scale of 5000-8000(Pay Band-2 ₹9300-34800 plus GP ₹4200) with effect from 15 May 2007. Therefore, as of 9 April 2009, the Petitioner had not completed two years in the Grade Pay of ₹2800 as Pharmacist Entry Cadre. In fact the Petitioner was already in the post of Pharmacist Grade-II, a higher post. The Respondents rightly considered the Petitioner's two years of service in the post of Pharmacist Entry Cadre in the Southern Railway, and accordingly extended the benefits as per the Master Circular dated 30 May 2010 from 2011.
10. The Tribunal was right in holding that it was the Petitioner's 2025:KER:63609 O.P.(CAT) No.272 of 2019 -8- conscious choice to apply for the post of Pharmacist Entry Cadre from the higher post of Pharmacist Grade-II, which he was holding in South Central Railway. We find no error in the view taken by the Tribunal accepting the contention of the Respondents that the Petitioner is eligible for placement of NFG in PB-2 plus Grade Pay ₹4200 only from the date of completion of two years of regular service in the Grade Pay PB-1 plus Grade Pay ₹2800, considering the fact that, for two years prior to 2009, the Petitioner was not serving in the post of Pharmacist Entry Cadre, but in a higher post of Pharmacist Grade II.
11. The petition is rejected.
Sd/-
NITIN JAMDAR CHIEF JUSTICE Sd/-
BASANT BALAJI JUDGE uu 2025:KER:63609 O.P.(CAT) No.272 of 2019 -9- APPENDIX OF OP (CAT) 272/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION NO.180/00284/2015 DATED 26TH MARCH 2015, ALONG WITH ITS ANNEXURES, FILED BY THE PETITIONER BEFORE THE LEARNED TRIBUNAL EXHIBIT P2 TRUE COPY OF REPLY STATEMENT DATED 09TH SEPTEMBER 2015, ALONG WITH ITS ANNEXURES, FILED BY THE COUNSEL FOR THE RESPONDENTS BEFORE THE LEARNED TRIBUNAL IN OA NO.180/00284/2015 EXHIBIT P3 TRUE COPY OF REJOINDER DATED 15TH MAY 2016, ALONG WITH ITS ANNEXURES, FILED BY THE PETITIONER BEFORE THE LEARNED TRIBUNAL IN OA NO.180/00284/2015 EXHIBIT P4 TRUE COPY OF ORDER DATED 27TH FEBRUARY 2019 IN OA NO.180/00929/2015 RENDERED BY THE LEARNED TRIBUNAL (PRODUCED ACROSS THE BENCH) EXHIBIT P5 TRUE COPY OF ORDER DATED 04TH JULY 2019 IIN OA NO.180/00284/2015 RENDERED BY THE LEARNED TRIBUNAL EXHIBIT P1(A1) TRUE COPY OF LETTER OF RESIGNATION DATED 06.01.2009 SUBMITTED BY THE APPLICANT TO THE 4TH RESPONDENT EXHIBIT P1(A2) TRUE COPY OF MEMORANDUM BEARING NO.SWR/P.478/VIII/NOC DATED 18.02.2009, ISSUED BY THE 4TH RESPONDENT EXHIBIT P1(A3) TRUE COPY OF MEMORANDUM BEARING BO.H/P.502/VIII/VOL I DATED 06.03.2009, ISSUED BY THE DIVISIONAL RAILWAY MANAGER (PER), ON BEHALF OF THE 6TH RESPONDENT EXHIBIT P1(A4) TRUE COPY OF RAILWAY BOARD LETTER BEARING NO.E(NG)60RR/1/5 DATED 07THE FEBRUARY 1961 EXHIBIT P1(A5) TRUE EXTRACT OF THE RAILWAY BOARD ORDER BEARING NO.E(NG)III/79/RR-1/11 DATED 15.12.1980, AS PUBLISHED IN THE MASTER CIRCULAR NO.32 EXHIBIT P1(A6) TRUE EXTRACT OF PARAGRAPH 1405 OF THE INDIAN RAILWAY ESTABLISHMENT MANUAL, VOL.I 2025:KER:63609 O.P.(CAT) No.272 of 2019 -10- EXHIBIT P1(A7) TRUE COPY OF RAILWAY BOARD BEARING RBE NO.47/2010 DATED 30.03.2010 EXHIBIT P1(A8) TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.109/2010 DATED 05.08.2010 EXHIBIT P1(A9) TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.165/2010 DATED 19.11.2010 EXHIBIT P1(A10) TRUE COPY OF MEMORANDUM BEARING NO.H/P.481/VIII/MED/VI PC DATED 18.07.2011, ISSUED BY THE 6TH RESPONDENT EXHIBIT P1(A11) TRUE COPY OF LETTER BEARING NO.P(S)535/VIII/NFG/PHARM/VOL.II DATED 27.12.2012 ISSUED BY THE 3RD RESPONDENT EXHIBIT P1(A12) TRUE COPY OF MEMORANDUM BEARING NO.J/P.524/X/6TH PC/FIX.(PT) DATED 19.02.2013 ISSUED BY THE 2ND RESPONDENT EXHIBIT P1(A13) TRUE COPY OF REPRESENTATION DATED 27.01.2014 SUBMITTED TO THE 2ND RESPONDENT EXHIBIT P1(A14) TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE N.102/2013 DATED 08.10.2013 EXHIBIT P1(A15) TRUE COPY OF REPRESENTATION DATED 30.05.2013 ADDRESSED TO THE 2ND RESPONDENT EXHIBIT P1(A16) TUE COPY OF REPRESENTATION DATED 23.10.2013 ADDRESSED TO THE 2ND RESPONDENT EXHIBIT P2(A17) TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.188/2010 DATED 28.10.10 EXHIBIT P3(A18) TRUE COPY OF RAILWAY BOARD ORDER BEARING RBE NO.147/2015 DATED 23.11.2015 RESPONDENT EXHIBITS EXHIBIT P2(R1) TRUE COPY OF RAILWAY BOARD LETTER ORDER BEARING RBE NO.101/2009 DATED 10.06.2009 EXHIBIT P2(R2) TRUE COPY OF RAILWAY BOARD CIRCULAR BEARING NO.PC-V/2009/ACP/2 DEAD 20.04.2010 EXHIBIT P2(R3) TRUE COPY OF ARREAR STATEMENT VETTED BY ASSOCIATE FINANCE DATED 18.06.2015 EXHIBIT P2(R4) TRUE COPY OF RAILWAY BOARD LETTER BEARING NO.P.C-III/2013 /CRC/7