Central Administrative Tribunal - Kolkata
Arun Mukherjee vs Eastern Railway on 9 June, 2022
1 0.A. 350/00650/2014 'CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/00650/2014 Date of order: 9.6.2022 Present : Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member '1. Arun Mukherjee, S/o Sri Sudhangshu Mukherjee, Aged about 49 years, | Is working as Instructor, Supervisors Training Centre, Kancharapara, Eastern Railway, Residing at 158/A, Sashi Babu Road, P.O.- Kanchrapara, Dist.-North 24 Parganas, Pin-743145.
2. Gautam Barat, S/o Late Benoy Kumar Barat, Aged about 55 years, Is working as Instructor, Supervisors Training Centre, Kancharapara, Eastern Railway, Residing at P.O. & Vill. - Kampa, _Kanchrapara, Dist. -North 24 Parganas,
- Pin-743193.
3. Ranjan Gangopadhyay, S/o Sri Mayataru Gangopadhyay, Aged about 57 years, Is working as Instructor, Supervisors Training Centre, Kancharapara, Eastern Railway, Residing at 129/A, Siraj Mondal Road, P.O.- Kanchrapara, Dist.- 24 Parganas (N), Pin -743145.
4, Swapan Kumar Bhattacharya, S/o Late Mahadeb Bhattacharya,
- Aged about 57 years, Is working as Instructor, Supervisors Training Centre, Kancharapara, Eastern Railway, Residing at Misri Pukur Road, P.O.-Hazinagar, Dist. -24 Parganas (N), . Pin -743135.
ty E\\S Y ar O. ay a OLA, $50/00650/2014 Partha Pratim Pal, S/o Late Monoj Kumar Pal, Aged about 36 years, Is working as Senior Instructor BTC/ RPA in Supervisors Training Centre, Pastern Railway, Kanchrapara, Residing at Block E, 2° Floor, Sonar Bhuban, GP Road, P.O-Kalyant, | Dist- Nadia, Shyamal Kumar Roy Chowdhury, .
S/o Late Sunil Kumar Roy Chowdhury, Aged about S7 years, is working as Instructor, Supervisors Training Centre, Kancharapera, Eastern Railway, Residing at F-57/185/526 Bansberia Ghat Road, Rathtala, P.O. Kalyani, Dist Nadia Amitava Ghosh, S/o Late Prafulla Chandra Gh osh, Aged about 57 years, ig working as Sr. instructor, Supervisors Training Centre, Kancharapara, Bastern Railway, Residing at 8.8. Road, 6,Indira Nagar, Kolkata FOO O81. > ao Applicants
- YVERSUS-
1. Union ef India through the General Manager, Eastern Raibway, L7, NLS. Road, (Fairly Place}, Kolkata-700 OO1. .
The Chief Personnel Officer, Bastern Raikway, 17 N.S.Road, Fairly Place, Kolkata-700 O01.
BS
3. The Chief Works Manager, tastern Railway, Kanchrapara, P.O.- Kanchrapara, DMist- North 24 Parganas, Pin- 743 l45.
4. The Workshop Personnel Officer, 3 O.A. 350/80650/2014 astern Railway, Kanchrapara, P.O. Kanchrapara, Dist- North 24 Parganas, Pin- 743148, a Respondents For the Applicants ' Mr. A, Chakraborty, Counsel For the Respondents ; Mr. A.K. Chattopadhyay, Counsel ORDER (Orat} Heard Ld. Counsel for both sides,
2. Applicants have sought for the following relieft-
"f] An order do issue directing the respondents to grant teaching allowance (15% of the basic pay in the revised scale of pay and also grant arrears.
(31) The Office order dated 15.4.2014 issued by the Workshop Personnel Officer cannet be tenable in the eye of law and as such same may be quashed."
3. Brief facts alluded to seek the relief are:-
The applicants claim that they are entitled to teaching allowance @iS% of the basic pay per month but the same was not granted to them on the ground that they were not. screened by any screening committee. It is argued that there is a provision for conducting sereeniny test in respect of Faculty Members who impart training to the trainees. That Rule provides that until screening is done and the Faculty Members not found fit to be retained and are repatriated to their respective parent cadres, such persons who have worked as Faculty Members may be allowed Training Allowance from the date of joining on 1.4.2005 whichever is later till the date of reversion, Therefore, there is no bar to grant Training Allowance @ 15% of the basic pay even if the applicants are net screened.
4. The applicants have cited a decision in Debasis Chakraborty & ors, v. Union of india & ors. (S.E. Railway) in OA. No, 104 of 2013 where under identical circumstances where they wer asking for training 4 0.4. 350/00650/2014 allowance from the date the applicants had joined as faculty members with arrears, this Tribunal ordered as under:-
"3. We had directed the respondents to clarify by way of an affidavit:-
(i) Whether the notice dated 29.4.2013 is issued in terms of RBE 139 /2005 for the purpose of granting of Training Allowance to the various Trainers including the present applicants or whether it is a selection notice to induct Trainers/Instructors on a regular basis and in such a case since the applicants have admittedly served as Trainers since 2007 but have not been subjected to any screening, the date of such screening to enable the present applicants to earn Training Allowance.
(ii) Whether the applicants who are discharging duties as Trainers, even without screening are entitled to Training Allowance in terms of para 7 of RBE 139/05.
4, Pursuant to our directions, an affidavit has been filed by the respondents on 22.1.2014, declaring the following:
"3. It is stated that for the first time the Railway administration is going to screen the willing candidates by inviting applications from the willing and eligible staff who intend to work as instructor on regular basis in the Training Institute as per guidelines of the Railway Board.
Notification was issued on 29.04.2013 followed by corrigendum dated 08.05.2013 seeking option of the candidate who will be screened and selected as Instructor on regular basis for imparting training. This is not a selection but a screening process to induct Trainer/instructor on regular basis. Initially none of the Instructors have been subjected to any screening following Railway Board's guidelines and the first time it is being cone to pick the eligible candidates for imparting training at Training Institute. In such screening the applicants as well as those who are fulfilling the criteria can apply for the post and after completion of the screening process the eligible candidates will be posted on regular measure as Instructor in the said Training Institute. Their working period under no circumstances will cross 8 years.
4. Against point No. 2 it is clarified that Par 7 of Board's letter will be followed in a true spirit."
. 5, The Para 7 of the referred circular reads as hereunder:-
"7, Until such time the screening is done and the Faculty Members not found fit are repatriated to their respective parent cades, such persons who have worked an Faculty Members may be allowed training "Allowance from the date of joining or 1.4.2005 whichever is later the date of reversion."
6. Since the respondents have already expressly agreed to follow para 7 of Board's letter in a true spirit there appears to be no impediment in grant_of training allowance to the applicants if they have served _as Trainers/ Faculty Members. Thus, with the consent of the parties O.A. is disposed of with a direction upon the respondents to follow para 7 of the RBE 149/05 for grant of training allowance to the a licants, they are otherwise entitled to in terms of para 7 of RBE 149/05, from the date they discharged duty as Faculty Members and release the payments along with arrears within a period of 1 month from - the date of receipt of a copy of this order.
7. OA is accordingly disposed of." 5 GA. 350/00650/2014 --
3 The respondents Have repelled as under:-
The applicants posted/deputed te the post of Instructor as an adhoc measure and purely on tenure basis at Supervisors' T raining Centre Kanchrapara. They joined as such knowing fully well that they were not eligible for teaching allowarice in terms of para 5 g of RBE No, | 139/2005 further communicated under CPO's SI. No. 122{9} /2005. Presently, they are getting Special Pay as Instructor.
That, as per extant rule those who are posted in training school should be selected by 03 member of committee at SAG level. Furthermore, admissibility of the allowance in cach individual case will be examined by the committee at appropriate level, to be constituted as per CPO's SL No. 86(07}/2005.
That, notification for fillmg up the post of Instructor was issued vide CWM/KPA fetter No. 88E/2/L/Tech. Schoo! /R(s} dtd. 22,2,2010 and subsequently dt. 16.4.2014 but none of the applicants opted for the same at their own volition.
Subsequently, in. compliance to the Tribunal's interim order dated 21,5,.2014 in the aforesaid matter, the applicants have submitted their options against notification dated 16.4.2014.
That, on scrutiny it is found that Sri Arun Mukherjee does not possess the requisite technical qualification as asked for vide notification dated 16.4.20] 4, hence this application rejected. on the ground that he failed to fulfill the eligibility eriteria, All the applications forwarded to CPO {ER/KKK for observing the process of selection for being considered for posting at STC/ KPA, That, the applicants are adhoc appointees and they were not allowed the training allowance till they are regularized by a Committee at appropriate level to be constituted as per CPO's Sl. No. 86/(07)/2005 6 0.4, 350/00650/2014 subject to fulfillment of requisite educational qualification and experience.
That, Khublal Prasad, Ex. Sr. Instructor under STC/KPA retired from service on 30.4.2012 and Sri P. Bhattacharjee, Sr. Instructor posted at STC /®PA repatriated to his parent cadre on 9.5,.2014 since his tenure . period of faculty member has expired. Shri Partha Pratim Pal, Sr._ Instructor posted under STC/KPA herein applicant No. S made an application dated 28.11.2011 under RTT Act, 2005 seeking information in regard to fiongbeat of 15% teaching allowance. Sri Pal was given reply vide WPO/KPA's letter dated 22.12.2011.
6. Rival contentions were noted. Since applicants claim that they have imparted training before their screening and identical matters have been decided earlier or in O.A. No. 104 of 2013, let their claim be considered and decided in terms of the said OA. and the WPO/KPA's letter dated 22.12.2011 and the guidelines observed for sanction of Training Allowance which reads as under:-
"Oo. The following guidelines should be observed for sanction of the Training Allowance: ;
(a) Faculty members, beth gazetted and non-gazetted who are drawn from the field and whose duty is to impart training/education to the trainees may be granted Training Allowance at the rate of 15% of the basic pay in the revised scales of pay.
(b) Consequent to the grant of 'Training Allowance' as mentioned in pare (a) above, the existing training allowance, special pay, deputation pay and allowances thereon will not be admissible to the faculty members posted to these training centres, {c} Faculty means "An employee" of the Government who joins a training institute meant for training government officials as a faculty member and whose work is to impact training/ teaching This will also inehide the principals of these training institutes. However, Faculty members recruited directly and specifically for the training institutions are not eligible for this "Training Allowance", (d} Staff, whether drawn from the field or transferred or locally recruited, who are not directly engaged in imparting training /education will not be eligible for the "Training allowance", {e} Training Allowance will be admissible to. the faculty members without any ceiling and will not form the part of pay as defined in FR(9}(2 1} (2003) (2 1)-R-
Yi, but however, will count for purpose of leave salary,
3) Tenure period of faculty members shall not exceed eight years in any case and under any circumstances, 7 OA. 350/00650/2014 ig} The admissibility of the allowance in cach melividual case will be . examined by a Cormumittee at appropriate level ta be constituted as per Board's letter No. E(MPP}2001/19/3- Recommendation No. 37 dated 29.6.3001 (RBE No. T27/ 2001), Fhese comumittess would adopt a strict selection process to find excellent treuners for such appointments. The sidelines for sueh selection | should not only take into account the outstanding service records but alse good training capability and aptitude for the job. Regard should also be given for participation in trainers training course, keenness of interest taken by the officials in providing requistte training to their subordinates im the various jobs held by them and to their performance in their earliest assignment, if any, in posts relating to training. The above instructions should be read with Board's letter No. E(MPP}99/19/1/Pt. dated 11.3.03 (RBE No 49/2003). It should be ensured that before the training centre/ institute and trainers are sanctioned this allowance they must satisfy the above guidelines. The trainers not recommended by the Committee should be repatriated to thelr respective parent oadres. Adhoc appointees will not be allowed this Training Allowance tl they are regularized.
6. These orders will take effect fram 14.2005.
7. Tt is clarified' that such time the sereening is done and the Faculty Memibera net found fit are repatriated to their respective parent cadres, such persons who have worked as Faculty Members may be allowed training Aulewance from, the date of joining or 14,2005 whichever is later till the date of TeVversion,.
8. itis further clarified that Railways have no authority to start a training institute/centre without Board's prior approval." O.A. is thus disposed of. No order as to costs. iDr. Nandita Chatterjee) (Bidisha Banerjee) Administrative Member Judicial Member SP