Central Administrative Tribunal - Jaipur
Naresh Kumar vs West Central Railway on 26 August, 2025
OA No. 183/2022 & other connected OAs
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
OA No. 183/2022, OA No. 271/2022 with MA No. 616/2023,
OA No. 272/2022 with MA No. 615/2023, OA No. 273/2022
with MA No. 617/2023, OA No. 522/2022 with MA No.
553/2023, OA No. 523/2022 with MA No. 580/2023, OA No.
525/2022 with MA No. 552/2023, OA No. 528/2022 with MA
No. 551/2023, OA No. 578/2022 with MA No. 142/2023 & OA
No. 579/2022 with MA No. 143/2023
ORDER RESERVED ON: 21.08.2025
DATE OF ORDER: 26.08.2025
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
OA No. 183/2022
Bijendra Kumar Meena son of Shri Gokul Ram Meena, aged
about 30 years, resident of 136, Gali No. 10, Saraswati
Colony, Kota Junction, Kota - 324002 and presently working
as Assistant (Helper), Workshop (Millwright/Yard), West
Central Railway, Kota Workshop, Kota - 324002.
..... Applicant
(Group-C, Mob. 7891092906)
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon), West Central Railway,
Kota Workshop, Kota - 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
OA No. 271/2022 with MA No. 616/2023
Roop Singh Meena son of Late Shri Shyo Prasad Meena, aged
about 36 years, resident of 44, Badano Society, Rangpur
Road, Kota - 324002 and presently working as Assistant
(Helper), Workshop (Wheel Inspection Shop), West Central
Railway, Kota Workshop, Kota-324002.
..... Applicant
(Group-C, Mob. 6361014145)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
OA No. 272/2022 with MA No. 615/2023
Naresh Kumar son of Shri Parshhu Ram, aged about 39 years,
resident of House No. 3, Gali No. 4, Pratap Colony, Rangpur
Road, Kota Junction, Kota-324002 and presently working as
Assistant (Helper), Workshop (Wagon Repair Shop), West
Central Railway, Kota Workshop, Kota-324002.
..... Applicant
(Group-C, Mob. 8279250051)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
OA No. 273/2022 with MA No. 617/2023
Rajendra Meena son of Shri Hari Phal Meena, aged about 34
years, resident of Quarter No. RE-II, 15-A, Railway Colony,
Kota Junction, Kota-324002 and presently working as
Assistant (Helper), Workshop (Body Repair Shop), West
Central Railway, Kota Workshop, Kota-324002.
..... Applicant
(Group-C, Mob. 9887364934)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
OA No. 522/2022 with MA No. 553/2023
Bhakti Ram Meena son of Late Shri Manohar Lal Meena, aged
about 40 vyears, resident of Quarter No. 351-A, Railway
Workshop Colony, Near KVS School, Kota Junction, Kota-
324002 and presently working as Assistant (Helper),
Workshop (Box Shop), West Central Railway, Kota Workshop,
Kota-324002.
..... Applicant
(Group-C, Mob. 8600814827)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
OA No. 523/2022 with MA No. 580/2023
Muklesh Kumar Meena son of Late Shri Kalu Lal Meena, aged
about 30 years, resident of House No. 74, Saraswati Colony,
Gotheda Road, Kota Junction, Kota-324002 and presently
working as Assistant (Helper), Workshop (Machine Shop),
West Central Railway, Kota Workshop, Kota-324002.
..... Applicant
(Group-C, Mob. 7746973664)
Shri C.B. Sharma, counsel for the applicant
Versus
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
OA No. 525/2022 with MA No. 552/2023
Ramkesh Jatav son of Late Shri Hari Singh Jatav, aged about
43 years, resident of C/o Shiv Karan Choudhary, House No.
17, Purana Rangpur Road, Kota Junction, Kota-324002 and
presently working as Assistant (Helper), Workshop (Box
Shop), West Central Railway, Kota Workshop, Kota-324002.
..... Applicant
(Group-C, Mob. 9301068990)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
OA No. 528/2022 with MA No. 551/2023
Chandra Prakash Meena son of Shri Moti Lal Meena, aged
about 42 years, resident of Quarter No. 56-CD, Railway
Workshop Colony, Kota Junction, Kota-324002 and presently
working as Assistant (Helper), Workshop (Mill Wright
Shop),West Central Railway, Kota Workshop, Kota-324002.
..... Applicant
(Group-C, Mob. 9967472567)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Ashish Dadhich, counsel for the respondents
OA No. 578/2022 with MA No. 142/2023
Dharm Raj Meena son of Late Shri Ram Karan Meena, aged
about 43 years, resident of 35, Gali No. 11, Saraswati Colony,
Near Railway Station, Kota Junction, Kota-324002 and
presently working as Assistant (Helper), Lifting Shop, Wagon
Repair Workshop, West Central Railway, Kota - 324002.
..... Applicant
(Group-C, Mob. 9633224021)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Prashant Joshi, counsel for the respondents
OA No. 579/2022 with MA No. 143/2023
Meghraj Meena son of Shri Ram Phool Meena, aged about 35
years, resident of Quarter No. 186-B, Railway Workshop
Colony, Kota Junction, Kota-324002 and presently working as
Assistant (Helper), Wheel Shop, Wagon Repair Workshop,
West Central Railway, Kota-324002.
..... Applicant
(Group-C, Mob. 9633928834)
E mail: [email protected]
Shri C.B. Sharma, counsel for the applicant
Versus
1. Union of India, through General Manager, West Central
Zone, West Central Railway, Indira Market, Jabalpur -
482001.
2. Chief Works Manager (Wagon Repair), West Central
Railway, Kota Workshop, Kota -- 324002.
3. Senior Divisional Personnel Officer, West Central
Railway, Kota Workshop, Kota -- 324002.
..... Respondents
Shri Prashant Joshi, counsel for the respondents
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
ORDER
Per: RANJANA SHAHI, JUDICIAL MEMBER
At the request of learned counsels for the parties, OA
No. 183/2022, OA No. 271/2022, OA No. 272/2022, OA No.
273/2022, OA No. 522/2022, OA No. 523/2022, OA No.
525/2022, OA No. 528/2022, OA No. 578/2022 and OA No.
579/2022 are taken up together for disposal as common
question of law and facts is involved in the aforesaid
matters/OAs as these OAs.
2. For the sake of convenience, brief facts of OA No.
183/2022 are taken up. The relief sought for by the applicant
in the said OA is as under: -
"(i) That the respondents may be directed to hold good
pay & allowances of the applicant Rs. 27200/- as on
01/04/2022 by quashing order dated 26/04/2022
(Annexure-A/1) with all consequential benefits.
(ii) That respondents be further directed not to recover any amount from the applicant from pay & allowances and applicant be allowed to draw pay Rs. 27200/- as on 01/04/2022 with due increments with all consequential benefits.
(iii) Any other order, direction or relief may be passed in favour of the applicant, which may be deemed fit, just and proper under the facts and circumstances of the case.
(iv) That the costs of this application may be awarded."
Digitally signed by NATHU LALNATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
OA No. 183/2022 & other connected OAs
3. The brief facts of the case, as stated by the applicant,
are that he was initially appointed as Helper on 06.07.2013 in
Jabalpur Division and thereafter while working in Jabalpur
Division, he was promoted to Grade-III, Grade Pay of Rs.
1900/- vide order dated 06.08.2016 and his pay was fixed as
Rs. 20500/- and thereafter he was further promoted to
Grade-II, Grade pay Rs. 2400/- (Level-4) vide order dated
26.04.2019 and in the month of April 2019, he was allowed
pay at the stage of Rs. 25500/-. The applicant sought "on
request transfer" by way of reversion from Level-4 to Level-1
and the same was approved by the competent authority vide
order dated 27.12.2019 in pursuance to that the applicant
joined Kota Division on 28.12.2019 and he was allowed pay at
the stage of Rs. 25500/- for the month of December, 2019.
Thereafter, the applicant was given yearly increments and in
the month of March, 2022, he had drawn the pay of Rs.
27200/- but the respondents vide order dated 26.04.2022
(Annexure A/1) reduced the pay of the applicant from Rs.
27200/- to Rs. 24200/- as on 01.07.2021 on the ground that
the applicant is not entitled to protection of last drawn pay on
the previous promoted post from which he had sought
transfer "on own request" as he had not completed one year
service on the promotional post and consequentially ordered
recovery. Hence, the present Original Application.
Digitally signed by NATHU LALNATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
10
OA No. 183/2022 & other connected OAs
4. The respondents have taken a stand that since the
applicant had not completed 12 months of service in the
promoted post, therefore, he cannot be granted pay
protection of the promoted post on being transferred to lower
level to which he had sought transfer "on own request" under
FR 15 (a). The applicant had himself sought transfer at "own
request" by way of reversion from Level-4 to Level-1 and his
request was accepted by the competent authority pursuant to
which he joined at the lower level fully understanding the
implication and accepting the same. The respondents have
relied upon the clarification dated 30.09.2019 (Annexure R/1)
issued by the Railway Board, Ministry of Railways, RBE No.
161, the relevant extracts is reproduced as below: -
"In the letters referred above, mention has been made
"of an employee holding a higher post on regular basis and has completed a minimum period of 24 months in that higher post" / ""Government Servant holding a post on regular basis".
2. In this regard clarification was sought from the Establishment Directorate, who have clarified as follows:
"Vide E(NG)'s letter no. E(NG)1-98/CN5/1 dated 02.08.2001 probation period is now 12 months in each grade (non-gazetted staff). Therefore, for the purpose of protection of pay as circulated by F(E)'s instructions on own request transfer from higher post to lower post, "regular" service will denote 12 months completion of service (i.e. probation period) in the higher post without pay adverse action, unless duration of probation has specifically been provided for a particular post in rules".Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
11
OA No. 183/2022 & other connected OAs
Admittedly the applicant had been promoted to the post of
Technician Grade-II on 26.04.2019, he made a request for
transfer by way of reversion from Level-4 to Level-1, which
was approved by the competent authority vide order dated
27.12.2019 in pursuance to which the applicant joined at the
demoted Level-1 on 28.12.2019.
5. The respondents have relied upon the provisions of Rule
1313 of the Indian Railway Establishment Code (IREC), which
reads as under:
"1313. (FR-22) (I) -The initial pay of a railway servant who is appointed to a post on a time scale of pay is regulated as follows:-
(a) (1) Where a railway servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time scale of the higher post shall be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or rupees twenty five only, whichever is more.
Save in cases of appointment on deputation to an excadre post, or to a post on ad-hoc basis, the railway servant shall have the option , to be exercised within one month from the date of promotion or appointment as the case may be, to have the pay fixed under this rule from the date or such promotion or appointment or to have the pay fixed initially at the stage of the time scale of the new post above the pay in the lower grade or post from which he is promoted on regular basis, which may be re-fixed in accordance with this rule on the date of accrual of next increment in the scale of the pay of the pay of the lower grade or post. In cases where an ad-hoc promotion is followed by regular appointment without break, the option is admissible as from the date of initial appointment/promotion, to be exercised within one month from the date of such regular appointment:
Digitally signed by NATHU LALNATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
12
OA No. 183/2022 & other connected OAs
Provided that where a railway servant is, immediately before his promotion or appointment on regular basis to a higher post, drawing pay at the maximum of the time scale of the lower post, his initial pay in the time scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the time scale of the lower post or rupees twenty five, whichever is more;
(2) When the appointment to the new post does not involve such assumption of duties and responsibilities or greater importance, he shall draw as initial pay, the stage of the time scale which is equal to his pay in respect of the old post held by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis;
Provided that where the minimum pay of the time scale of the new post is higher than his pay in respect of the post held by him regularly, he shall draw the minimum as the initial pay;
Provided further that in a case where pay is fixed at the same stage, he shall continue to draw that pay until such time as he would have received an increment in the time scale of the old post; in cases where pay is fixed at the higher stage, he shall get his next increment on completion of the period when an increment is earned in the time scale of the new post.
On appointment on regular basis to such a new post, other than to an ex-cadre post on deputation, the Railway servant shall have the option, to be exercised within one month from the date of such appointment, for fixation of his pay in the new post with effect from the date of appointment to the new post or with effect from the date of increment in the old post.
(3) When appointment to the new post is made on his own request under (Rule 227 (a) (2)-RI (FR-15A) (2)) and the maximum pay in the time scale of that post is lower than his pay in respect of the old post held regularly, he shall draw that maximum as his initial pay".
6. The respondents further stated that Railway Board's RBE No.188/1999 dated 20.08.1999 mentions that "In terms of the extant rules [including ACS No.19 issued under Board's letter of even number dated 24.02.1995 (RBE No0.19/1995)] in the case of an employee holding a higher post on regular basis and has completed a minimum period of 24 months in that higher post and seeks transfer on his own request to a Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2025.08.28 KUMAWAT 16:47:38 +05'30' 13 OA No. 183/2022 & other connected OAs lower post, fixation of his pay in the lower grade would be done at the stage equal to the pay drawn by him in the higher post subject to the maximum of the lower post not being exceeded. In case there is no stage in the lower grade equal to the pay being drawn by the employee in the higher post, his pay in the lower grade will be fixed at the stage next below the pay being drawn in the higher post and the difference will be paid as personal pay to be absorbed in future increments.
Further, Master Circular No. 19 [No. E(NG)I-88/CN5/2 dated 20.01.1989 (RBE 23/1989)] relating to Confirmation of Non-gazetted Railway Servants, stipulates that where recruitment rules do or do not provide for a probation period on promotion, the benefit of confirmation in a promotion grade will follow only after a period of 24 months has elapsed from the date of promotion on regular basis.
7. The respondents stated that the pay protection of the previously held higher post of Technician Grade-II which he is claiming is not available to him once he himself had sought transfer to lower post under FR 15 (a) because the pay protection under Rule 1313 (1) (a) (3) of the Indian Railway Establishment Code, in view of the Master Circular No. 19 (No. E(NG)I-88/CN5/2 dated 20.01.1989 (RBE 23/1989)] Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2025.08.28 KUMAWAT 16:47:38 +05'30' 14 OA No. 183/2022 & other connected OAs read with clarification dated 30.09.2019 issued by the Railway Board, Ministry of Railway, the benefit of confirmation in a promotion grade will be available only after completion of 12 months of service in the higher post.
8. Heard both sides and perused the material available on record. Issue involved is whether the employee who seeks transfer "on own request" under FR 15 (a) which provides for placing him in lower level, is entitled to the pay of previously held promotional post on joining at lower level pursuant to transfer "on own request" though he had not completed the period of 12 months on the previously held promotional post?
9. The similar controversy has been dealt with and adjudicated upon by the Jabalpur Bench of this Tribunal vide its order dated 16.05.2018 in the matter of Ashok Katare vs. Union of India & Ors. (OA No. 364/2011), wherein it has been held as follows: -
11. Thus, having taken into account the provisions of Rule 1313 (ibid), Railway Board's orders, the decision of this Tribunal in the matters of Gopal Mohan Yadav (supra) and the fact that the applicant was reverted to his old post in the lower grade, at his own request, within one year, from which he was promoted, we are of the considered opinion that the respondents have not committed any irregularity while fixing the applicant's pay on reversion to the lower post and therefore, the applicant is not entitled for protection of his pay as sought by him."
Digitally signed by NATHU LALNATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
15
OA No. 183/2022 & other connected OAs
In the above said judgment of Ashok Katare, another
judgment on similar matter of the Jabalpur Bench of this
Tribunal in the matter of Gopal Mohan Yadav vs. Union of
India and Ors. (OA No. 491/2010) decided on 24.07.2013
had been considered in which while dealing with the similar
controversy, the claim of the applicant therein was rejected
holding as below: -
"(11) Thus this part of the OM simply reiterates the provision on the subject as clarified by the earlier OM dated 14.02.2006. It is apparent from this OM that pay protection to a Government servant on transfer from higher to a lower post is only available when he holds the higher post on regular basis. In this regard, it is apparent from the clarification issued by Railway Board vide their letter dated 4.3.2010 (Annexure R-1) that the respondents have adopted the policy of treating an employee as holding a post on regular basis, only after completion of 24 months/ 12 months on probation period, depending on when the transfer to a lower post had taken place. Since the applicant was transferred to the lower post before 2.8.2001, he could be treated as regular employee, as per the requirement of FR15(a), after completion of 24 months period on higher post. As against this the applicant had completed only 20 months period. Therefore, Railway Board has clarified vide their letter dated 4.3.10 (Annexure R-1) that the applicant was not entitled for pay protection. On the basis of this clarification from Railway Board, the representation of the applicant has been rejected by the respondents vide the order dated 26.3.10 (annexure A-1). Thus, in our considered opinion, there is no violation of relevant rules/regulations in passing of the said order dated 26.3.2010 (Annexure A-1) by which the claim of applicant has been rejected. In these circumstances, we do not find any justification for interfering with the impugned orders of respondents in the case".
Hence, the service period of 24 months / 12
months on the promotional post is mandatory condition
to claim the pay protection on joining the lower post in
pursuance to "own request" transfer.
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
16
OA No. 183/2022 & other connected OAs
10. The respondents have also cited the judgment of the
Hon'ble Supreme Court dated 07™ September, 2018 passed in
the case of Prabhat Ranjan Singh & Anr. Vs. R.K.
Kushwaha & Ors., (Civil Appeal No. 9176/2018 (@SLP (C)
No. 22444/2017), the relevant paras are reproduced as
below: -
"22. The Ministry of Railways has a set of codified rules known as the Indian Railway Establishment Code (IREC). It is not disputed before us that as far as the IREC is concerned the same is notified under the proviso to Article 309 of the Constitution and is statutory in nature. However, it has been urged on behalf of the direct recruits that IREM does not have any statutory force. It would also be pertinent to mention that the DoPT itself has issued a officce memorandum dated 16.02.2018 stating that the matters relating to recruitment, promotion & seniority in respect of Ministry of Railways do not fall within the jurisdiction of the DoPT. We need not refer to all the documents referred to because it is apparent from a bare reading of the Allocation of Business Rules, 1961, that the service conditions of the employees of the Railways are governed by the rules framed by the Railways which will not only include the IREC but also the IREM.
23. Even with regard to the IREM it has been urged by the learned ASG that these rules and the various modifications / amendments issued from time to time to the IREM are also issued under the proviso to Article 309 of the Constitution and as such they have the statutory force.
24. We have gone through the various communications with regard to the IREM and find that all of them make a mention that they have been issued in exercise of powers conferred by proviso to Article 309 of the Constitution. We may specifically refer to only one document, i.e., amendment to the IREM Rules 327 to 341 made in pursuance to the judgment delivered by the CAT on 03.05.2016. The relevant portion of the communication reads as follows: -
Digitally signed by NATHU LALNATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'
17
OA No. 183/2022 & other connected OAs
In exercise of the powers conferred by the proviso to Article 309 of the Constitution the President have further decided that principles for inter-se-seniority of Direct Recruit Group 'A' officers and promotee Group 'B' officers inducted into Group 'A' Junior Scale effective from the panel year 2012- 13, stands modified / amended as per Annexure-I. This leaves no manner of doubt that the rules under IREM Vol. 1 are also statutory rules.
25. In view of the above, there can be no manner of doubt that the Railways is not bound by the memorandum issued by the DoPT and are empowered to frame its own rules to lay down the service conditions of its employees. We also hold that the IREM has statutory force and has been issued in exercise of powers vested under the proviso to Article 309 of the Constitution."
11. Hence, the arguments of the learned counsel for the applicant that the Indian Railway Establishment Code does not apply to the applicant as well as the contention that there is no such Memorandum issued by the DOPT regarding completion of a certain period of service on the promotional post does not succeed. As is evident from the above, the Hon'ble Apex Court has held that the Railway is not bound by the Memorandum issued by the DOPT and is empowered to frame its own rules to lay down the service conditions of its employees, their Lordships have further held that Indian Railways Establishment Code (IREC) has statutory force as it Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2025.08.28 KUMAWAT 16:47:38 +05'30' 18 OA No. 183/2022 & other connected OAs is issued in exercise of powers vested under the proviso to Article 309 of the Constitution.
12. Now coming to the contention of the applicant that recovery cannot be affected for which he has invoked the Hon'ble Apex Court's judgment passed in the case of State of Punjab & Ors. Vs. Rafiq Masih (While Washer) & Ors., 2015 (2) SCC (L&S) 33 : (2015) 4 SCC 334; the applicant has almost 02 decades of service left before superannuation, as such, he cannot take refuge under the above cited judgment.
A person cannot be permitted to continue to avail a benefit erroneously extended to him for which he is not legally entitled specially when in order to avail a benefit he invokes the rules / provisions knowing fully well the disadvantageous pre-conditions in order to avail such benefit which he himself applies and accepts. In the present case, the applicant in order to be posted at the place of his choice himself applied for transfer by way of reversion from Level-4 to Level-1 fully knowing that this will result in re-fixation of his pay to the lower level because he had not completed the mandatory period of 12 months of service on the promoted post from which he had sought transfer to the lower post; just because on his joining at the lower post at Kota his pay was Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2025.08.28 KUMAWAT 16:47:38 +05'30' 19 OA No. 183/2022 & other connected OAs erroneously fixed at the same stage that he was drawing in his previous promoted post, he does not become entitled to the benefit wrongly given to him, against the law. If the recovery of wrongful payment to an employee is waived off with blanket orders, it would be disservice to the tax payers of the country. It has to be kept in mind that Govt. money is indeed the taxpayer''s hard-earned money and the Government, the law enforcement authorities as well as the justice delivery forums / courts as the custodians of the public exchequer, which cannot be directed to be spent for any wrongful or against the law payments. The excess amount paid to the applicant was on account of error committed by the functionaries in fixing his pay on transfer from higher to lower level, which was against the rules / provisions of law to which the applicant was not entitled.
13. If the payments erroneously made to the employees are waived off simply on the pretext that it was not on account of any misrepresentation on the part of the employee, as such adopting the "bygones are bygones" principle then there is another angle to it which needs to be considered i.e. this doctrine can be exploited, wrong fixations / payments can be designed thinking that it might not get noticed; in case Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2025.08.28 KUMAWAT 16:47:38 +05'30' 20 OA No. 183/2022 & other connected OAs noticed then at least there will not be any recovery because of "bygones are bygones" practice.
14. In view of the above observations, it is not a fit case for interference by this Tribunal and the same deserves to be dismissed.
15. Accordingly, all the Original Applications (OA No. 183/2022, OA No. 271/2022, OA No. 272/2022, OA No. 273/2022, OA No. 522/2022, OA No. 523/2022, OA No. 525/2022, OA No. 528/2022, OA No. 578/2022 and OA No. 579/2022) hereby dismissed. No order as to costs.
16. In view of the order passed in the OAs, all the pending Misc. Application(s), if any, are disposed off.
(LOK RANJAN) (RANJANA SHAHI)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
2%
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2025.08.28
KUMAWAT 16:47:38
+05'30'