Central Administrative Tribunal - Lucknow
Ghanshyam And Others vs Northern Railway on 11 December, 2024
CAT, Lucknow Bench OA No. 332/00063 of 2022 Ghanshyam and Ors. Vs. U.O.I.& Ors.
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No.332/00063/2022
Dated, this11thday of December, 2024
Hon'ble Mr. Justice Anil Kumar Ojha, Member-Judicial
Hon'ble Mr. Pankaj Kumar, Member-Administrative
1. Ghanshyam, aged about 53 years, Son of Shri Teerath Prasad,
Resident of 972 Manas Nagar, Kanpur Road, Krishna Nagar,
Lucknow.
2. Dinesh Chandra, aged about 55 years, S/o Late Shri Ram Autar,
Resident of 973/MNG/646, Manas Nagar, Kanpur Road, Krishna
Nagar, Lucknow.
3. Sanjeev Singh, aged about 55 years, S/o Late Shri Virendra Singh,
Resident of 280/38 K, Blunt Square, Lucknow.
4. Vindeshwar Prasad aged 55 years, S/o Late Shri Garjun Prasad,
Resident of K-55/56, New Shubham City, Pandit Khera Ali Nagar
Sunehra, Post Sadrauna Thana, Krishna Nagar, Lucknow.
5. Ramjee, aged about 54 years, S/o Lae Shri Ram Pyare, Resident of
H. No. 548/432 A, Surya Nagar, Behind RDSO, Gurudawara,
Manak Nagar, Lucknow.
6. Hare Ram Ranjan, aged about 57 years, S/o Late Shri Gathaual
Ram, Resident of Q. No. 12C, East Railway Colony (Malgodam Road),
Sultanpur.
7. Gopi Nath Murmu, aged about 58 years, S/o Late Shri Paltu Mohan
Murmu, Resident of Q. No. L-II 8C, Loco Colony, Sultanpur.
8. Bhagwan Singh Meena, aged about 53 years, S/o Late Shri Chhote
Lal Meena, Resident of Q. No. LD-117 A, Santipuram, Rly Colony,
Alambagh, Lucknow.
.....Applicants
By Advocate: Shri Praveen Kumar
VERSUS
1. Union of India through the General Manager, Northern Railway
Baroda House, New Delhi.
2. The Divisional Railway Manager, Northern Railway, Hazratganj,
Lucknow.
3. The Senior Divisional Personnel Officer, Northern Railway,
Hazratganj, Lucknow.
4. The Senior Divisional Mechanical Engineer (O&F), Northern Railway,
Hazratganj, Lucknow.
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CAT, Lucknow Bench OA No. 332/00063 of 2022 Ghanshyam and Ors. Vs. U.O.I.& Ors.
5. The Senior Divisional Finance Manager, Northern Railway,
Hazratganj, Lucknow.
.....Respondents
By Advocate: Smt. Prayagmati Gupta
ORDER (ORAL)
Per Hon'ble Mr. Pankaj Kumar, Member-Administrative In this case relating to stepping up of pay, the applicant has sought the following reliefs:
"1. To quash the copy of impugned order dated 26.11.2020 and order dated 15.05.2020 contained as Annexure No. A-1A and A-1B to this OA, with all consequential benefits.
2. To grant benefits of stepping up of pay to the applicants at par with their juniors in terms of RBE No. 90/2016 with all consequential benefits.
3. To grant arrears of pay as a result of stepping up of pay alongwith interest @ 12% per annum from the date of due till the actual date of payment.
4. Any other relief, which this Hon'ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.
5. Cost of the present case."
2. The facts of the case are that the applicants 1 to 7 were promoted to the post of Loco Inspector from the posts of Loco Pilot (Passenger)/Senior Loco Pilot (Passenger) in 2008 and applicant 8 was promoted, like-wise, in 2012. One Sushil Kumar, who was junior to the applicants, was promoted to the post of Loco Inspector in 2016, i.e., after the promotion of the applicants. However, Sushil Kumar, on promotion was drawing higher pay than the applicants. The applicants represented to the respondents and having failed to elicit a response, approached this Tribunal in OA No. 559 of 2019 whereupon this Tribunal, vide order dated 06.11.2019, directed the respondents to dispose of the applicants' representation. The respondents rejected the applicants' representation vide order dated 15.05.2020 which was again challenged by the applicants in OA No. 356 of 2020. Vide order dated 02.08.2021 in OA Page 2 of 4 CAT, Lucknow Bench OA No. 332/00063 of 2022 Ghanshyam and Ors. Vs. U.O.I.& Ors. No. 356 of 2020, the applicants were allowed to submit a fresh comprehensive representation and the respondents were directed to dispose of the same by examining whether the applicants were similarly situated as the employees who had been benefitted and if so, extend the same benefits to them. The applicants, thereafter, submitted representation dated 06.09.2021 which came to be rejected by the respondents vide order dated 26.11.2021. Aggrieved, the applicants have preferred this OA.
3. The applicants contend that the respondents have failed to consider Railway Board's circular RBE No. 236/2009 providing that stepping up of pay should be allowed where junior is drawing higher pay in comparison to his senior. They have also cited RBE No. 90/2016 and RBE No. 133/2019 is support.
4. The respondents state that the anomaly in fixation of pay of chief Loco Inspectors appointed prior to 01.01.2016 with reference to their juniors appointed after 01.01.2016 and drawing more pay than their seniors has been addressed vide RBE No. 133/2019. As the applicants were selected from cadre of Sr LPP and Sushil Kumar and others were selected from different cadre of LPM, the claim of stepping up is not justified.
5. We have heard both the parties. During the hearing, learned counsel for the applicant drew our attention to order dated 12.08.2024 passed by us in OA No. 86 of 2023 in which we have taken note of striking down of paragraphs 3 (f), (g) and (h) of RBE No. 133/2019 by this Tribunal's Bangalore Bench in OA No. 213 and 215 of 2022 vide their judgment and order dated 19.03.2024. Briefly stated, by the said judgment and order dated 19.03.2024, the treatment of Loco Pilot (Goods), Loco Pilot (Passenger) and Loco Pilot (Mail/Express), carrying the same scale of pay/pay band and grade pay,as constituting different Page 3 of 4 CAT, Lucknow Bench OA No. 332/00063 of 2022 Ghanshyam and Ors. Vs. U.O.I.& Ors. cadres for the purpose of stepping up of pay was held to be arbitrary. In deciding O.A. No. 86 of 2023 vide order dated 12.08.2024, we saw no reason to differ with the finding of the Coordinate Bench of Bangalore. Learned counsel for the respondents conceded the aforementioned factual scenario.
6.1 In view of the foregoing, the respondents are directed to decide the stepping up of pay of the applicants at par with their juniors in light of this Tribunal's judgment and order dated 12.08.2024 in OA No. 86 of 2023 within a period of three months from the date of receipt of certified copy of this order.
6.2 Pending MAs, if any, are also disposed of.
6.3 The Parties shall bear their own costs.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Vidya Ben Digitally signed by Vidya
Ben Waghela
Waghela Date: 2024.12.13 16:12:26
+05'30'
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