Central Administrative Tribunal - Kolkata
Palash Das vs S E Railway on 5 February, 2026
1 O.A. 317/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA 350/317/2021 Date of Hearing: 29.01.2026
Date of Order: 05.02.2026
Coram : Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
Palash Das, son of Ranjit Das, Chief Controller, Central Control,
Garden Reach, residing at 444/N, Railway Boundary Road, New
Purbachal, Halisahar, Post Office - Naba Nagar, North 24
Parganas, Pin - 743136.
.............Applicant
-versus-
1. Union of India, service through the General Manager, South
Eastern Railway, 11, Garden Reach Road, Kolkata-700043.
2. The Principal Chief Personnel Officer, South Eastern Railway,
11, Garden Reach Road, Kolkata -700043.
3. The Senior Divisional Personnel Officer, South Eastern
Railway, Chakradharpur, Post Office - Chakradharpur, District
- West Singhbhum Jharkhand - 833102.
...... Respondents.
For the Applicant : Mr. S.K. Bhowmik (Counsel)
For the Respondents : Dr. D. Chowdhury (Counsel)
ORDER
Per Hon'ble Mr. Suchitto Kumar Das, Administrative Member :
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s): Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 2 O.A. 317/2021 "(i) To quash and set aside the order issued by the Principal Chief Personnel Officer, South Eastern Railway, Garden Reach, Kolkata 43 dated 28.08.2020 in OA 350/0116 of 2017 (Palash Das - Vs. Union of India & Ors.)
(ii) An order or direction be issued upon the respondent to pay stipend @ Rs.5500/- instead of Rs.5000/- and entire difference amount thereon.
(iii) An order or direction be issued upon the respondent to fix applicants basic pay by multiplying 1.86 on Rs.5500/- and GP Rs.4200/- i.e. 14430/-
+ DA as per VIth CPC from the date 02.01.2006m like Avay Kumar Mondal of Ranchi.
(iv) An order or direction be issued to the respondent to pay entire arrear amount arising out re-fixation of applicants pay at the rate of Rs.5500/- in place of Rs.5000/-
(v) Any other or further order do issue as this Tribunal seems fit and proper."
2. Applicant was selected as a Traffic Apprentice through Railway Recruitment Board, Kolkata on 05.10.2005. On 16.11.2005 by a letter of Dy. CPO(H/Q), S.E. Railway, the applicant was informed that he is temporarily appointed as Traffic Apprentice in Grade pay Rs.5500/- - Rs.9000/- (RSRP), Rate of Stipend Rs. 5,500/- per month. Applicant along with others on 30.12.2005 was sent for necessary safety Training. After the completion of training, he was posted as SCR (Section Controller), Chakradharpur under Sr. Divisional Operations Manager, Chakradharpur. Though the rate of stipend was mentioned as Rs.5,500/- in the letter dated 16.11.2005, the applicant was paid @ Rs.5000/- per month as stipend during training. Applicant filed one original application no. 116/2017 before this Tribunal which was disposed of without entering into merits of the matter with a direction to dispose of his representation. Railway authority rejected the applicant's prayer by a speaking order dated 28.08.2020. Hence this application.
3. Ld. Counsel for the applicant states that at the time of training, his stipend was fixed @ Rs. 5,000/- per mensem instead of Rs.5,500/- which is not commensurate with the letter of Chief Personnel Officer, S.E. Rly dated Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A. 317/2021 16.11.2005. The applicant was paid @ Rs.5,000/- per mensem whereas Sri Gayadhar Das, TFC Apprentice was granted stipend @ Rs.5,500/- as per CPO/GRC, O.O. No. 63/04/2005-2006 dated 29.11.2006.
Ld. Counsel for the applicant states that after successful completion of his training as Traffic Apprentice from ZRTI/SINI, he was posted as SCR (Section Controller), Chakradharpur in scale of Rs. 5,500 - Rs. 9,000. Accordingly, applicant's payment was fixed as 5,850/- per month. The calculation seems to be Rs. 5,500/- P.M. in 2006, Rs. 5,500 + 175 = Rs. 5,675/- in 2007 and Rs.5,500+175+175 = Rs. 5,850/- from the year 2008. The applicant made an application addressed to Sr. DPO (Optg), S.E. Railway Chakradharpur urging rectification of whimsical decision taken by railway authorities of fixing the pay of the applicant as per 6th pay commission formula i.e. Rs.5000 X 1.86=9300+4200= Rs. 13,500/- from the month of January, 2006 instead of Rs. 5,500 x 1.86=10,230+4200= Rs. 14,430/- per mensem.
Ld. Counsel for the applicant states that RBE letter dated 09.04.2009 clearly stated that the date of next increment in cases where Railway Servants are not able to join post in a particulars grade pay on promotion/appointment on 1st of January of a year due to Sunday and Gazetted Holiday on the post on the 1st working day of the year will be treated to have completed 6 months of service on 1st of July of that year for the purpose of granting annual increment on that day.
Ld. Counsel for the applicant states that the pay fixation of one Avay Kumar Mandal who is similarly placed as the applicant shows that his pay was fixed on 02.01.2006 as Rs. 5500 x 1.86 = 10230+4200 = Rs. 14,430/-.
4. Ld. Counsel for the respondents submits that the applicant was empanelled for appointment to the post of Traffic Apprentice vide RRB/Kolkata's letter dated Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A. 317/2021
05.10.2005. A temporary appointment letter was issued in favour of the applicant vide CPO/GRC's letter dated 16.11.2005 in Grade Pay Rs. 5500-9000/- and he was sent to the Principal Zonal Railway Training Institute S.E. Railway, SINI for mandatory initial training on 02.01.2006 for 24 months. His stipend was fixed @ Rs. 5000/-per mensem as per South Eastern Railway Establishment Serial No. 273/1998 dated 03.12.1998 wherein the scale of Traffic Apprentice is shown as Rs. 5000-8000/- and stipend at Rs. 5000/- per month. Thus the payment of stipend @ Rs. 5000/- per month paid was in accordance with the rules.
Ld. Counsel for the respondents submits that the contention of the applicant that Sri Gayadhar Das, TFC Apprentice was granted stipend @ Rs. 5500/- is not correct. Sri Gayadhar Das was initially appointed as TFC Apprentice on 22.09.2003 and after completion of his training of 24 months he was absorbed as regular measure in control group from 09.12.2005. In terms of Estt. Srl. No. 45/91, 216/91 and 109/92, annual increment of Sri Gayadhar Das was granted from his initial appointment as TFC Apprentice on notional basis @5500/- but stipend was not given @ Rs. 5500/-. After attaining the training of 24 months his pay was fixed @ Rs. 5850/- on 01.09.2005 and the actual monetary benefit was given from the date he had taken independent charge w.e.f. 02.12.2005. On completion of training successfully, the applicant was posted as Section Controller w.e.f. 04.02.2008 and his pay was also fixed correctly at Rs. 5850/- in scale of Rs. 5500- 175-9000/- as the pay of Sri Gayadhar Das was fixed keeping in view the guidelines contained in RBE No. 89/1992(S.E. Railway Estt. Srl. No. 109/92).
Ld. Counsel for the respondents submits that after successful completion of training as Traffic Apprentice at ZRTI/SINI, applicant was posted as Section Controller/CKP on 04.02.2008 and his pay was fixed at Rs. 5850/-. After Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A. 317/2021 implementation of 6th PC, the stipend was revised in accordance with Railway Service (Revised Pay) Rules, 2008 issued by Railway Board vide RBE No. 103/2008 circulated under S.E. Railway, Estt. Srl. No. 125/2008. His entry pay in revised pay structure was fixed @ Rs. 9300/- i.e. Pay in Pay Band and Grade Pay Rs. 4200/- total Rs. 13500/- w.e.f. 02.01.2006 i.e. his date of initial appointment as Traffic Apprentice, considering the entry pay in revised pay structure for direct recruit appointed on or after 01.01.2006 with applicable grade pay Rs. 4200/- vide Railway Service (Revised Pay) Rules, 2008.
Ld. Counsel for the respondents submits that the applicant was appointed as Traffic Apprentice and sent to Zonal Railway Training Institute (ZRTI)/SINI as per his training schedule, which commenced from 02.01.2006. Railway Board's Letter No. 64/2009(CPC-VI/2008/1/RSRP/1/Pt. 3 dated 09.04.2009, clearly mentions that if a Railway servant joins post in a grade pay on appointment/promotion on 1st of January of a year, but he could not join the post only because 1st of January on the year happened to be a Sunday or Gazette Holiday, the Railway Servant who join post on the 1st working day of the year will be treated to have complete 6 months of service on 1st July of that year for the purpose of granting them annual increment on that day. In the instant case the applicant was appointed as Apprentice, which is not a working post. So, this Rule is not applicable to the apprentices. Further, the applicant reported at ZRTI/SINI for his initial training which was scheduled to commence from 02.01.2006.
Ld. Counsel for the respondents submits that on verification of fixation chart of Sri Avay Kumar Mandal, it is found that Sri Mandal got promotion w.e.f. 02.01.2006 and as per extent rule of fixation in 6th PC his pay was fixed at Rs. Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A. 317/2021 14,430/- whereas the applicant of this Original Application was initially appointed as Traffic Apprentice w.e.f. 02.01.2006 as per training schedule.
5. Applicant has filed rejoinder and reiterated the contentions made in the O.A.
6. Heard the parties. Perused material on record.
7. Applicant joined training as a Traffic Apprentice on 02.01.2006. During his training period of 24 months, he was paid a monthly stipend of Rs. 5,000/- (basic) plus admissible allowances. After completion of training, he was posted as a Section Controller and his pay was fixed at Rs. 5,850/- p.m. in the scale Rs. 5,500 - 9,000/- after granting two notional increments for the period spent on training.
8. It is the applicant's case that he should have been paid the stipend at the rate of Rs. 5,500/- (basic) during his training period. Bases of his claim are as follows:
(i) Letter of the Chief Personnel Officer dated 16.11.2005 offering temporary appointment as Traffic Apprentice and directing him to undergo training mentions "Rate of Stipend per mensem Rs. 5,500/-.
(ii) One Gayadhar Das and Avay Kumar Mondal were paid Rs. 5,500/- p.m. as stipend during their training period as Traffic Apprentices.
(iii) Applicant's pay was fixed at Rs. 5,850/- p.m. on his posting presumably because he was granted two increments on a basic pay of Rs. 5,500/-. This shows that his stipend during the training period was actually Rs. 5,500/-
and not Rs. 5,000/-.
9. Letter dated 16.11.2005 admittedly mentioned the rate of stipend as Rs. 5,500/- p.m. However, in her speaking order dated 28.08.2020, Principal Chief Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. 317/2021 Personnel Officer, South Eastern Railway has categorically stated that the rate of stipend was inadvertently mentioned as Rs.5,500/- instead of Rs. 5,000/- in their letter dated 16.11.2005. In the corrigendum to RBE No. 115/98 dated 17.11.1998 (RBE No. 265/2018), Railway Board has clarified that the revised rates of stipend for the post of Traffic Apprentice would be Rs. 5000 - 150 - 5150. These instructions held the field at the time of applicant's temporary appointment vide letter dated 16.11.2005. It is therefore clear that the letter dated 16.11.2005 had erroneously mentioned the rate of stipend as Rs. 5500/- p.m. It is a fact that this error was not corrected by the respondents till the speaking order was issued. At the same time, the authorities paid stipend to the applicant at the rate of Rs. 5,000/- during his training period as per RBE No. 265/98. Even the applicant did not point out the apparent discrepancy between the stipend mentioned in the letter dated 16.11.2005 and the actual amount of stipend paid to him, till much later. Be that as it may, an inadvertent error in the letter of 16.11.2005 cannot negate the stipulation regarding the stipend for Traffic Apprentices made in RBE 265/98, particularly when the actual stipend paid to the applicant was as per RBE 265/98.
10. Applicant has relied upon the pay fixation sheets of two of his contemporaries, Gayadhar Das and Avay Kumar Mandal. In both cases, the documents relied upon are pay fixation calculations after the two employees were posted to regular posts. The scale of pay for the Traffic Apprentice as per RBE 265/98 cited above was Rs. 5500 - 9000/-. As per RBE 89/92, on appointment to regular posts, the pay of the Traffic Apprentice was to be fixed after granting notional increments for the period spent by them in training. Thus, Gayadhar Das upon his joining a regular post after completion of his training was granted two notional increments for the two years spent by him on training. There is no Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A. 317/2021 evidence on record that he was actually paid stipend at the rate of Rs. 5500/- during his training or that he was paid any arrears on this account. From the averments made by the applicant in his O.A., it is clear that on his posting to the regular post of Section Controller, his pay was fixed at Rs. 5,850/- in the scale Rs. 5500 - 9000/-, i.e. the same pay and scale as Gayadhar Das. Since the increments granted for the training period were notional, no arrears were due.
11. Respondents have clarified that since Avay Kumar Mondal had already completed his training and had joined a regular post of Traffic Apprentice in the scale Rs. 5500 - 9000/- as on 01.01.2006, therefore, his pay was fixed accordingly after the implementation of the Sixth Pay Commission recommendations. The applicant joined training on 02.01.2006. Therefore, there is no question of fixing his pay corresponding to the scale of pay of Rs. 5500 - 9000/- in 2006, which he would earn only on completion of 24 months training in the year 2008.
12. It appears that the applicant has been misled by the partial information available to him in respect of pay fixation of Gayadhar Das and Avay Kumar Mandal. He has failed to appreciate that grant of notional increment for the period spent on training does not entitle him to a stipend of Rs. 5,500/- during training, nor does it entitle him to any arrears of pay. From the material on record, we find that the stipend during training was paid and his pay on joining the regular post after completion of his training was correctly fixed by the respondents as per the instructions in force at the material time. We also do not find evidence of any discrimination against the applicant in matters of payment of stipend and fixation of his pay. The O.A thus lacks merit and is liable to be dismissed.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A. 317/2021
13. O.A is accordingly dismissed being devoid of merit. No costs.
(Diwakar Singh) (Suchitto Kumar Das)
Member (J) Member (A)
DB
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.02.05 11:23:32+05'30' Foxit PDF Reader Version: 2024.3.0