Central Administrative Tribunal - Hyderabad
K Ranga Raju vs M/O Railways on 27 April, 2023
OA/363/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/021/363/2016
HYDERABAD, this the 27th day of April, 2023
Hon'ble Mr. Sudhi Ranjan Mishra, Judicial Member
Hon'ble Mr. B. Anand, Administrative Member
K. Ranga Raju,
S/o. Laxmipati Raju,
Occ: Enquiry cum Reservation Clerk,
O/o. CCM/PM, Reservation Complex,
Secunderabad Division,
South Central Railway,
Secunderabad, Telangana State.
.... Applicant
(By Advocate : Sri T. Samba Siva Rao)
Vs.
1. The Union of India rep. by its
The General Manager,
South Central Railway,
Rail Nilayam, III floor,
Secunderabad - 500 071.
2. The Divisional Railway Manager,
Secunderabad Division,
S.C. Railway, Sanchalan Bhavan, I Floor,
Secunderabad - 500 071.
3. The Senior Divisional Personnel Officer,
Secunderabad Division, South Central Railway,
Sanchalan Bhavan, IV Floor,
Secunderabad - 500 071.
... Respondents
(By Advocate: Sri P. Narayana, Sr. PC for CG)
----
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OA/363/2016
ORAL ORDER
(As per Hon'ble Mr. Sudhi Ranjan Mishra, Judicial Member) The present O.A. is filed seeking the following relief:
"........to direct the respondents herein to grant the applicant his seniority and fixation of pay in grade Rs.4000-6000 instead of Rs.3200-3590 on his alternate absorption due to medical de- categorization vide Memorandum dated P 8/II dated 23.5.2011 issued by the CPO/SCR/SC and the consequential promotions and the MACPs w.e.f. 30.06.1998 along with arrears of pay and allowances with penal interest of 24% p.a."
2. The brief facts of the case are that the applicant joined the Railway as Diesel/ Electrical Assistant which is a running category (now Assistant Loco Pilot) in the scale of pay of Rs.3050-4590 on 29.6.1994. He was medically decategorized on 30.06.1998. On screening, he was absorbed in alternative post as Commercial Clerk in the scale of Rs.3200-3590 on 16.12.1998. Subsequently, he was promoted as Sr. Commercial Clerk in the scale of Rs.4000-6000 on 5.2.2001 and was further promoted as Enquiry-cum-Reservation Clerk in the scale of Rs.4500-7000 on 20.06.2005. The grievance of the applicant is that after medical decategorization, respondents have not accommodated him in the proper scale of of Rs.4000-6000/- as per rules. Instead, they have erroneously accommodated the applicant in the lower scale of pay of Rs.3200-3590/-, which is contrary to rules. The applicant made representation in this regard requesting to accommodate him in the correct pay scale of Rs.4000-6000/-. On 23.01.2010, the applicant submitted his representation to the 3rd respondent for not taking running element of 30% while providing Page 2 of 5 OA/363/2016 alternative appointment, which provision is applicable to the running staff. The applicant submitted another representation on 20.02.2013, duly quoting the Railway Board S.C. No.138/1999 and Chief Personnel Officer letter dated 23.5.2011 for granting scale of Rs.4000- 6000/- while providing alternative appointment. On 12.2.2014, he submitted another representation with the same prayer.
3. Respondents filed a detailed reply wherein they stated that Railway Administration had responded to the applicant's representation through 'NIVARAN', the online staff grievances re- addressing system. On 19.7.2016, the 3rd respondent forwarded the NIVARAN application to the Chief Personnel Officer, Secunderabad to get the approval of the General Manager duly quoting the Sl.Cir No.97/2005 and thus the employee is eligible for pay scale of Rs.4000-6000/- in terms of S.C. No.138/1999. On 20.12.2016 approval of the General Manager to accommodate the applicant in the pay scale of Rs.4000-6000 by constituting a screening committee, has been communicated by SPO/T for CPO/SC to DRM/P/SC. Thereupon, approval of the General Manager to constitute a screening committee and to review the case of the applicant to accommodate him in a suitable post and in equivalent Grade Pay i.e. in the scale of Rs.4000-6000/-, further re-fixing his pay, seniority and promotions, etc. was communicated vide order dated 20.12.2016. As per the orders of the General Manager, the applicant was screened on 6.7.2017 for offering alternate employment. However, it is submitted by the respondents that no vacant suitable post in the pay scale of Page 3 of 5 OA/363/2016 Rs.4000-6000/- is available. It is further submitted by the respondents that the applicant will be screened again for absorption into equivalent suitable alternative post subject to availability of vacancies in pay scale of Rs.4000-6000/-. In response to this contention, learned counsel for the applicant submitted that when no suitable post is available, a supernumerary post carrying the same scale of pay should be created for the applicant. He cited the order dated 2.2.2009 passed by this Tribunal in a similar matter bearing O.A. No.259/2008 in support of his contention.
4. Heard the learned counsel for the parties and perused the pleadings and the written arguments filed by the applicant.
5. The applicant was medically decategorized on 30.06.1998. After screening, he was absorbed in alternative post as Commercial Clerk in the pay scale of Rs.3200-3590/- on 16.12.1998. The claim of the applicant is that as per rules, he should have been accommodated in the pay scale of Rs.4000-6000/- while absorbing in alternative post. It is clearly mentioned in the reply statement that the approval of the General Manager was obtained to constitute a screening committee to review the case of the applicant to accommodate him in a suitable post in the pay scale of Rs.4000-6000/- and to re-fix his pay, seniority and promotions, etc. Accordingly, the applicant was screened on 6.7.2017 for offering alternative post. However, no vacant suitable post in the pay scale of Rs.4000-6000/- is available as of now. As such, it is stated by Respondent No.3 that the applicant will be given equivalent Page 4 of 5 OA/363/2016 suitable alternative post subject to availability of vacancies in the pay scale of Rs.4000-6000/-.
6. In view of the above, the O.A. is allowed directing the respondents to provide equivalent suitable alternative post to the applicant in the pay scale of Rs.4000-6000/- as and when vacancy arises and thereafter re-fix his pay, seniority, etc., as per rules and also pay him arrears of pay and allowances. With regard to the penal interest claimed by the applicant, it is ordered that he shall be paid interest from the date of filing of this O.A. i.e. 12.04.2016 till the date of actual payment at the rate applicable to G.P.F. deposits. There shall be no order as to costs.
(B. ANAND) (SUDHI RANJAN MISHRA)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/pv/
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