Central Administrative Tribunal - Bangalore
Mallikarjun Vazirappa vs Central Railway on 26 March, 2026
1
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00213/2023,
ORIGINAL APPLICATION NO.170/00396/2024,
ORIGINAL APPLICATION NO.170/00601/2024
AND
ORIGINAL APPLICATION NO.170/00604/2024
ORDER RESERVED ON 26.02.2026
DATE OF ORDER: 26.03.2026
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
ORIGINAL APPLICATION NO.170/00213/2023,
Mallikarjun Vazirappa,
S/o Sri Vajeerappa, Aged 66 years
Retired Senior Section Engineer, Group 'C'
Central Railway, Solapur Division
H. No. 236, Block KK4, Kashi Kamal Apartments
Behind: High Court, Afzalpur Road
Kalaburgi 585 103, Karnataka State .... Applicant
(By Shri S. Srinivasa Rao, Advocate)
Vs.
1. Union of India
Represented by General Manager,
Central Railway,
Mumbai (CSTM) 400 001, Maharashtra
2. The Senior Divisional Personnel Officer
Central Railway, Solapur Division
Solapur 430 001, Maharashtra ...Respondents
(By Shri S. Sugumaran, Senior Panel Counsel)
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
2
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
ORIGINAL APPLICATION NO.170/00396/2024,
1. Sripada Raju A,
Aged 62 years,
S/o Sri Aswathachar K
Retired Traffic Inspector, Group 'C'
South Western Railway, Hubli Division
H. No. 152, Earthwall Pratham
F1, First Floor, 5th Cross, HMT Layout
Gidada Konenahalli, Bengaluru 560 056
Karnataka State
2. A. Naga Raju, aged 67 years
S/o Sri A. Nallappa
Retired Station Superintendent
Group 'C', South Western Railway
Hubli Division, H. No. 4, Gangavathi Garden Layout
Beside: Manoj Park, Sulla Road, Bengeri Extension
Hubballi 580 023, Karnataka State
3. Arvind Veerappa Hosamani
Aged 65 years
S/o Sri Veerappa
Retired Station Superintendent,
Group 'C', South Western Railway
Hubli Division, H. No. 138
Vasant Nagar, 4th Cross, Kusugal Road
Keshwapur, Hubbali 580 023
Dharwad, Karnataka State
4. B.N. Gurumurthy, aged 64 years,
S/o Sri H.N. Nagappa,
Retired Station Master, Group 'C'
H. No. 301, B-Block, Sai Siri Heritage
Uttarhalli Main Road, Kengeri
Bengaluru 560 060, Karnataka State
5. C D Balaji Prasad
Aged 65 yers
S/o Sri C R Devarajulu Naidu
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
3
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
Retired Station Superintendent, Group 'C'
H. No. 17, Sri Laxmi Prasanna Nilayam
JC Layout, Behind: BBMP Office
Horamavu Main Road
Bangalore 560 013, Karnataka State
6. H.R. Shivappa
Aged 64 years
S/o Sri Rudrappa
Retired Station Superintendent
Group 'C', South Western Railway,
Hubli Division, H.No. 592,
Kamala Nilaya, Industrial Road
VTC, Siramagondana Halli
Davangere 577 005, Karnataka State
7. Illal Mukund Tirumalrao
Aged 63 years
S/o Sri Illal Tirumalrao
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
Anugraha, Plot No. 371, Parameswar Nagar
Behind: Joti Pife Factory, Indi Road
Vijaypur 586 101, Karnataka State
8. K.S. Mallikarjuna Gupta
Aged 64 years
S/o Sri K.S. Satyanarayana Setty
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
H. No. 238/58 A, Adarsh Nagar, Main Road
Arasina Kunte, Nelamangala Tq.,
Bengaluru Rural 562 123, KS
9. Manohar Balaram Patil
Aged 66 years
S/o Sri Balaram V. Patil
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
Plot No. 4842/B 23, Flat No. 1
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
4
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
Above Lokamanya Society
2nd Main, 2nd Cross, Sadashiv Nagar
Belgaum 590 010, Karnataka State
10. M. Hanmanth, aged 65 yeas
S/o Sri Manikappa
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
H. No. 106, Akshay Colony, 4th Phase
Behind: Chetana College, Shirur Park Road
Hubballi 580 021
Dharwad, Karnataka State
11. M. Rajasekhar, aged 67 years
S/o Sri M. Basaiah
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
C/o Sri Veerabhadrappa
Veerabhadreshwara Nilaya, PWD Quarters
Near: Alam Darga, Bellary Road
Hospet 583 201, Bellary, Karnataka State
12. Sandeep Chickerur, aged 62 years
S/o Sri Bandachar Chickerur
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
H. No. 305, Sri Vishnubliss Apartment
Shanbognagappa Layout, Bilekahalli
Bengaluru 560 076, Karnataka State
13. Shiddalingappa Kalyanappa Koti
Aged 66 years
S/o Sri Kalyanappa
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
V.N.T. Road, Kalyan Ganga Nilaya
Gadag 582 101, Karnataka State
14. Shailendra L. Malagatti
Aged 62 years
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
5
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
S/o Sri Laxman
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division,
No. D 28, Almatti Dam Site
Almatti Taluq, Nidagundi District
Vijayapura 586 201, Karnataka State
15. Surendra Prakash
Aged 64 years
S/o Sri Muniswamy Rao Shinde
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
Plot No. 190, Shrivaari, Shivaji Colony
Tilakwadi, Belagavi 590 006, Karnataka State
16. Swamy Gouda
Aged 66 years
S/o Sri Subbe Gowda G
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
H. No. 144, Hari Priya Nilaya
2nd Cross, Netaji Nagar
Allanahally 570 028, Mysore, KS
17. Somashekaraiah
Aged 64 years
S/o Sri Annayappa
Retired Traffic Inspector, Group 'C'
South Western Railway
Hubli Division, H. No. 65
Viswakarma Nagar
Byrasandra Agara, Kengeri
Thataguni Post, Bengaluru South Taluk
Bengaluru 560 082, Karnataka State
18. Shaik Suraj
Aged 65 years
S/o Sri S.C. Mahaboob
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
6
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
H. No. 38/103, Brundavan Colony
Near Chalukya Hall, Behind: KV 2 School
Hubli 580 020, Dharwad
Karnataka State
19. Vinod Shankar Muchandi
Aged 62 years
S/o Sri Shankar R Muchandi
Retired Station Superintendent, Group 'C'
South Western Railway, Hubli Division
H. No. 1363, 4th Cross, Tabib Land
Hubli 580 020
Dharwad, Karnataka State
20. Veerabhadragouda M Patil
Aged 65 years
S/o Sri Marigouda Patil
Retired Station Master, Group 'C'
South Western Railway, Hubli Division
Flat No. 206, OM Paradise Apartments
Tenginakal Layout, Akshaya Colony
Vidya Nagar, Hubballi 580 021
Karnataka State .... Applicants
(By Shri S. Srinivasa Rao, Advocate)
Vs.
1. Union of India
Represented by General Manager,
Rail Soudha, South Western Railway,
Gadag Road, Hubli 580 020, Karnataka State
2. Senior Divisional Personnel Officer
DRM Office Complex
South Western Railway
Keshwapur
Hubli 580 020
Karnataka State ...Respondents
(By Shri S. Sugumaran, Senior Panel Counsel)
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
7
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
ORIGINAL APPLICATION NO.170/00601/2024
1. Rafi Ahmed Ghouri
Aged 63 years
S/o Shri Abdul Basheer Ghouri, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 52, 3rd C Cross
Lingarajapuram
Bengaluru 560 084
Karnataka State
2. C. Lakshmi Narasimhaiah
Aged 64 years
S/o Sri Chinna Narasimhappa, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 152, EKYA, 3rd Main Road, 8th Cross
Maruthi Nagar, YELAHANKA
Bengaluru 560 064, Karnataka State
3. Govinda Rao G
Aged 64 years
S/o Sri Gopala Rao, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 33, 1st Main
1st Cross, Kesava Nagar
Patel Badavane
Harihar Davangeri 577 601
Karnataka State
4. Ganjigatti J P
Aged 65 years
S/o Sri Parsuram Ganjigatti, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 1721/A, 100 Bed Hospital Road
M J Nagar, Bellary District
Hospet 583 201, Karnataka State
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
8
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
5. Jayanta Prasad Samal
Aged 60 years
S/o Sri K.C. Samal, Group 'C'
Retired Commercial Inspector
South Western Railway, Hubli Division
H. No. 110, 1st Stage, R.C. Nagar
Belgaum Dist., VTC Tilakwadi 590 006
Karnataka State
6. Krishna Pada Mistry
Aged 62 years
S/o Sri Adhir Mistry, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
Rehabilitation Colony - 2, Dist. Raichur
Sindhanur 584 128, Karnataka State
7. Narayana Naik M
Aged 62 years
S/o Sri Venkappa Naik M., Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 224/3, Kodyalbail
Ubaradka, Mithur, Dakshina Kannada
Sullia 574 248, Karnataka State
8. N. Manjunatha
Aged 62 years
S/o Sri V. Nagaraja, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 17, Sri Sai Nilaya, 1st Cross
Gurudev Nagar, KMF Dharwad, Vidya Nagar
Dharwad 580 004, Karnataka State
9. Pugazhendi Nambi Rajan
Aged 65 years
S/o Sri L. Doraiswamy, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
9
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
C/o. L Dorai Swamy, Plot No. 12, 13th Ward
Geetharajan Illam, Tungabhadra HLC Area
Indira Nagar, T B. Dam
Vijayanagara 583 225
Karnataka State
10. Prakash Yellappa Patil
Aged 60 years
S/o Sri Yallappa Bharama, Group 'C'
Retired Senior Technician (Telecom Maintainer)
South Western Railway, Hubli Division
Plot No. 47, RS No. 48/B
Samved Building, Sai Hall Road
Belgavi 590 010, Karnataka State
11. P Nagaraj
Aged 62 years
S/o Sri V Parthasarathy Naidu, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
Flat No. 201, Durga Apartment
Behind: Sarvodaya Colony
Hindwadi, Belagavi 590 011
Karnataka State .... Applicants
(By Shri S. Srinivasa Rao, Advocate)
Vs.
1. Union of India
Represented by General Manager,
South Western Railway
Rail Soudha, Gadag Road,
Hubli 580 020, Karnataka
2. Senior Divisional Personnel Officer
DRM Office Complex, Hubli Division
South Western Railway, Keshwapur
Hubli 580 020, Karnataka ...Respondents
(By Shri S. Sugumaran, Senior Panel Counsel)
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
10
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
ORIGINAL APPLICATION NO.170/00604/2024,
1. K. Venkataramani
Aged 61 years
S/o Sri V. Krishna Murthy, Group 'C'
Retired Commercial Supervisor
South Western Railway, Hubli Division
H. No. 102, Sai Aradhana, 4th Cross
Vikas Nagar, R.K. Town Ship Road
Yerandahalli, Bommasandra
Bengaluru 560 099, Karnataka State
2. Anil Kumar D
Aged 60 years
S/o Sri C.K. Divakaran, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 142/1, Karthika, Chatamala
District: Pathanamthitta
Thiruvalla, PO, Kerala 689 101
3. A G Deshpande
Aged 65 years
S/o Sri Gopalrao H Deshpande, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
K S Pavvati House, Killa
Bhagalkot 587 101, Karnataka State
4. D S Harish
Aged 62 years
S/o Sri D H Sharma Rao, Group 'C'
Retired Traffic Inspector
South Western Railway, Hubli Division
C/o Sri Shardha Kulkarni, H. No. 12
Reddi Colony, Vidhya Nagar
Dharwad 580 031, Karnataka State
5. Dattatray Ghanashama Rao
Aged 61 years
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
11
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
S/o Sri Ghanashama Rao, Group 'C'
Retired Chief Commercial Clerk
South Western Railway, Hubli Division
Flat No. S/4, Annapurna Krupa Apartment
Khanapur Road, Goaves
Belagavi 590 006, Karnataka State
6. Elias Mathai V
Aged 62 years
S/o Sri V.K. Mathai, Group 'C'
Retired Chief Commercial Inspector
South Western Railway, Hubli Division
R/at: Veleeparambil House, Perumbalam P.O.
Via: Poochakal, Chertala Taluk,
Alapuzha 688 570, Kerala
7. Francis K Lonppan
Aged 63 years
S/o Sri Lonappan K. Ouseph, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
Flat No. 208, Hemmady Regency
Opp: SBI Malbhat Branch, Margao
South Goa, Goa 403 601, Union Territory of India
8. G Srinivasa Murthy
Aged 64 years
S/o Sri M. Gopalaiah, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 38, Ward No. 18, K H B Colony
Near: Railway Station, Vijayanagara District
Kottur Post 583 134, Karnataka State
9. Hanamanthraya Dhareppa Mosalagi
S/o Sri Dhareppa Mosalagi
Aged 63 years, Retired Commercial Supervisor, Group 'C'
South Western Railway, Hubli Division
Residing at Near: Mallikarjun Ashram
At post Vijayapura 586 103, Karnataka
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
12
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
10. Muralidhar Adhyapak
Aged 62 years
S/o Sri V V Adhyapak, Group 'C'
Retired Chief Commercial Clerk
South Western Railway, Hubli Division
H. No. S/8, SaiRaj Phase One Apartment
Nehru Road, Near: Lele Ground, Tilakwadi
Belagavi 590 006, Karnataka State
11. Mohana Gowda, aged 62 years
S/o Sri Kollurappa Gowda, Group 'C'
Retired Chief Commercial Inspector
South Western Railway, Hubli Division
Shree Veerabhaddreshwara Niwasa
Plot No. 11/B, Kallur Layout
Near: Shakti Colony, Second Stage
Hubballi 580 032, Karnataka
12. Mohan Krishna Honnavar, aged 66 years
S/o Sri Krishna, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. Ameya 1/A - 504, Convent Town Ship
VTC Dandeli (Rural) 581 325, Karnataka
13. M Thamarai Selvan, aged 66 years
S/o Sri P. Muthiah, Group 'C'
Retired Station Superintendent
South Western Railway, Hubli Division
H. No. 202, Venugram Gajra, Godse Nagar
Belagavi 590 006, Karnataka State
14. O Pampapathi
Aged 66 years
S/o Sri Obulumma, Group 'C'
Retired Commercial Supervisor (Booking)
South Western Railway, Hubli Division
Plot No. 20, Ward No. 22, Bondihatti Road
Gold Smith Colony, Cowl Bazaar,
Bellary 583 102, Karnataka State
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
13
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
15. Prema Kumar C P,
Aged 69 years,
S/o. Sri Prabhakaran C T, Group 'C',
Retired Traffic Inspector,
South Westem Railway, Hubli Division,
Hridyam (Chungath), Varikkamkunnu,
Vadakara Post-688 605, Vadayar, Kottayam, Kerala State
16. P C Punnoose,
Aged 65 years,
S/o, Sri P J Chako, Group 'C',
Retired Station Master,
South Western Railway, Hubli Diviion,
R/at: Arackal House, Kuthirapanthy,
Thiruvampady Post, Alleppey - 688 002, Kerala State
17. Prince Varghese,
Aged 60 years,
S/o Sri P.P. Varghese, Group 'C'
Retired Senior Section Engineer,
South Wester Railway, Hubli Division,
H. No. B-06, Sainik School Campus,
Bijapur - 586 102, Karnataka.
18. Sarangapani Chandra Sekhar,
Aged 60 years,
S/o. Sri M V Sarangapani, Group 'C',
Retired Station Superintendent,
South Western Railway, Hubli Division,
H. No. 47, Pacific Park, Stage 2, Gadag Road,
Hubballi - 580 020, Karnataka State.
19. Samuel Abnejar Abnes,
Aged 62 years,
S/o. Abnejar, Group 'C',
Retired Chief Commercial Clerk,
South Western Railway, Hubli Division,
Plot No. 5/7/9, Gangadhar Nagar,
Near: Jingouda School,
VTC Shindoli Post-591 124, Karnataka.
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
14
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
20. Surendra Narayan Malabari,
Aged 64 years,
S/o. Sri Narayan G, Group 'C',
Retired Station Superintendent,
South Western Railway, Hubli Division,
C/o. Narayan G, Tharayil House,
Yamuna Nagar, Kizhakkemukkola,
VTC Periapuram, Post Tanur MBR-676 302, Kerala State.
21. V Vasantha Rao, Aged 64 years,
S/o. Sri A Venkata Rao, Group 'C',
Retired Commercial Supervisor,
South Western Railway, Hubli Division,
H. No. 26, 5th Cross, 'A' Block,
Sharavathi Nagara, Shivamogga-577 201
Karnataka State.
22. V Vijayan,
Aged 63 years,
S/o. Sri P Venkatachalam, Group 'C',
Retired Station Superintendent,
South Western Railway, Hubli Division,
H. No. 150, 4th Cross, 7th Main,
Bhavani Nagar, 2nd Stage,
Railway HBCS, Mallathahalli,
Bengaluru-560 056, Karnataka State .... Applicants
(By Shri S. Srinivasa Rao, Advocate)
Vs.
1. Union of India, Represented by
The General Manager,
South Western Railway,
Rail Soudha, Gadag Road
Hubli 580 020, Karnataka
2. Senior Divisional Personnel Officer,
DRM Office Complex, Hubli Division,
South Western Railway, Keshwapur
Hubli 580 020, Karnataka ...Respondents
(By Shri S. Sugumaran, Senior Panel Counsel)
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
15
OA.No.170/00213/2023, OA.No.170/00396/2024
OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
ORDER
PER: JUSTICE S. SUJATHA, MEMBER (J)
Since common and akin issues are involved, all these matters are clubbed, heard together and disposed of by this common order.
FACTUAL BACKGROUND
2. Facts in brief are that the applicants are retired railway employees of various departments of South Western Railway, Hubli Division (OA Nos. 396/2024, 601/2024 and 604/2024) and Central Railway, Solapur Division (OA No. 213/2023). Applicants claim that they are entitled to the bunching benefits in their pay fixation as per 6th Central Pay Commission (CPC) recommendations, since pay scales of Rs. 5000-8000/-, Rs. 5500-9000/- and Rs. 6500-10500/- were merged and provided with a common Grade Pay of Rs. 4200/-/ Rs. 4600/-, representations submitted by them in this regard have been rejected. Being aggrieved, the applicants have approached this Tribunal seeking for the following reliefs:
OA NO.170/00213/2023 "(a) It is prayed to call for the records pertaining to the case.
(b) It is prayed to set aside the impugned order:
No. SUR/P/C&W/CPGRAM/23 dated 11.05.2023:issued by Respondent No. 2 vide Annexure No. 1
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 16 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
(c) It is prayed to issue an order or an appropriate direction to the 2nd respondent to refix my pay as per the provisions as submitted in the Grounds Para 5 with effect from 01.01.2006 and arrange all the consequential financial benefits.
(d) It is further prayed that the judgment benefit of fixation of pay with bunching increments, as mentioned in the ground's para; may please be extended in my case also; as I am similarly situated employee in the best interests of Justice and for appreciation, the Original Application Number is reproduced hereunder for perusal of this Hon'ble Tribunal.
S.C SHARMA vs. UOI - O.A. No. 141/2012- CAT/JAIPUR."
Similar reliefs are claimed in the other connected matters. SUBMISSIONS ON BEHALF OF THE APPLICANTS:
3. Learned counsel Shri S. Srinivasa Rao representing the applicants in all matters argued that consequent on implementation of 6th CPC recommendations, while revising the pay of the applicants as on 01.01.2006, the authorities have not properly followed the instructions issued for fixation of pay of the existing employees, i.e., as per rule 7 (1) (A) (i) and (ii) of the Railway Services (Revised Pay) Rules, 2008 ('Rules' for short). As per the Rules, pay scales of Rs. 5000-8000/-, Rs. 5500-9000/- and Rs. 6500- 10500/- were merged and a common Grade Pay of Rs. 4200/- or Rs. 4600/- was provided. Accordingly, when the pay scales were merged KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 17 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE or upgraded, the pay of the employees shall be fixed as per the Rule 7 (1) (A) (i) and (ii) by following Note 2A or 2B and the illustration available in the explanatory memorandum. Learned counsel submitted that the applicants' pay fixed in accordance with fitment table provided in OM dated 30.08.2008 is totally incorrect since the said fitment table is applicable to normal replacement and not to the cases of merger or upgradation. The applicants are entitled to the benefit of bunching as per Illustration 4A of Rule 7 (i) of the Rules which is equal to 3% of Pay Band plus corresponding Grade Pay in terms of the order of Jaipur Bench of this Tribunal in S.C. Sharma vs. Union of India and Ors. in OA No. 141/2012 and connected matters (DD: 28.02.2013). Reliance is placed on the Revised Pay Schedules as per RBE No. 108/2008 and the following OMs:
1) OM No. F. No. 1/1/2008-1C dated 30.08.2008
2) OM No. AB.14017/66/2008-Estt. (RR) dated 09.03.2009
3) OM No. AB. 14017/61/2008-Estt. (RR) dated 24.03.2009
4) RBE No. 172/2008 dated 11.11.2008
5) OM No. F. No. 1/1/2008-1C dated 13.11.2009 (GP 4600) KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 18 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE The following judgments have been referred to, in support of his contentions:
1) S.C. Sharma vs. Union of India and Ors. in OA No. 141/2012 and connected matters, (DD: 28.02.2013) Jaipur Bench.
2) Writ Petition No. 15672/2024, DD: 21.06.2024 in Union of India and Ors. vs. Maganti Ramana Kumar, Hon'ble High Court of Telangana.
3) K.A. Harilal and Ors. vs. Union of India and Ors, in OA No. 279/2018 (DD: 05.10.2023), Ernakulam Bench.
4) A.S.R. Muthry and Ors. Vs. Union of India and Ors in OA No. 137/2022 and connected matters (DD:
05.03.2024), Hyderabad Bench.
SUBMISSIONS ON BEHALF OF THE RESPONDENTS:
4. Learned counsel Shri S. Sugumaran representing the respondents submitted that the cause of action for the applicants arose about 16 years back as the grievance of the applicants alleged to have happened while fixing their pay in the revised pay of 6th CPC, for the bunching effect not accorded to them, hence, the KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 19 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE application is badly hit by limitation and deserves to be dismissed in limine. The pay of the applicants was fixed in accordance with Railway Board's instruction RBE No. 103/2008 and the bunching effect was rightly not given to them as they are not entitled for the same as per the Rules. Referring to Rule 7 of the Rules and the Illustrations given therein (RBE No. 103/2008), learned counsel submitted that in the case of merger of pay scales, pay in the revised Pay Bands will be fixed in the manner prescribed in accordance with clause (1) (A) (i) and (ii) of Rule 7 by multiplying the existing Basic Pay as on 01.01.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of 10. This methodology has been duly adopted in fixation of pay of the applicants. If pay in two or more consecutive stages arrived at is the same, then one increment would have been added (as bunching increment) to the second similar consecutive stage. The fitment table S1 to S5 and higher pay New (Group A Entry) as per RBE No. 108/2008 is self-explanatory. The revised pay of the applicants arrived at, in terms of the said Rule in the two or more consecutive stages, is not the same. Hence, the applicants are not entitled to any bunching benefits.
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 20 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
5. We have carefully considered the submissions of the learned counsel for the parties and perused the material on record. ANALYSIS
6. The moot point that arises for our consideration is, whether the applicants are entitled to bunching benefits in terms of Rule 7 (1)(A) (i) and (ii) of the Railway Services (Revised Pay) Rules, 2008 (RBE 103/2008) read with Note 2A/2B and the Illustrations 4A/4B appended to the explanatory memorandum to the said Rules?
7. OA No. 213/2023 is taken as the lead case for the better appreciation of facts inasmuch as the claim of the applicants. The worksheet (6th CPC) - pay fixation with bunching benefits submitted by the applicant in OA No. 213/2023 reads thus:
"6TH CPC - PAY FIXATION WITH BUNCHING BENEFIT MALLIKARJUN VAZIRAPPA SSE/SUR/CR 5th CPC Last Basic as on 01.01.2006 ... Rs. 7700/- 6th CPC equalling is PB 2 Scale of Pay is Rs. 6500-10500 GP 4600 6th CPC Basic to be fixed (7700 x 1.86 + GP) = Rs. 14330 + 4600 Pay Fixed in 6500-10500 Scale at 14330 + 4600 = 18930/-
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 21 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE COMPUTATION OF BUNCHING INCREMENTS INCREMENTS EARNED ... 18/2 = 9 Increments 6th CPC Starting Basic is Rs.5000/- and last basic is Rs.7700/- Hence, increments earned = 7700 - 5000 = 2700/150 = 18 Bunching increments eligible = 18/2 = 9 increments 6th CPC Basic starting ..... Rs. 14330/- (9 increments to be added)
1. Increment @ 3% .... 14330+429 = 14759
2. Increment @ 3% ..... 14759+442 = 15201
3. Increment @ 3% ..... 15201+456 = 15657
4. Increment @ 3% ..... 15657+469 = 16126
5. Increment @ 3% ..... 16126+483 = 16609
6. Increment @3% ...... 16609+498 = 17107
7. Increment @3% ...... 17107+513 = 17620
8. Increment @3% ...... 17620+528 = 18148
9. Increment @3% ...... 18148+544 = 18692 6th PAY FIXATION IN PB 2 @ Rs. 19160 + 4600 = Rs. 23760/-
NEW BASIC AS ON 01.01.2006 = Rs. 19160 + 4600 = Rs. 23760/-
Note: Pension and Pensioner benefits shall be calculated on this basic."
Pay of the said applicant in OA No. 213/2023 in the 6th CPC is fixed by the department at Rs. 18930/-. No bunching benefits granted as not admissible.
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 22 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
8. RBE No. 108/2008 dated 11.09.2008 provides Schedules for revised scales of pay. In Annexure-A, the First Schedule, Section I reads thus:
ANNEXURE-A "THE FIRST SCHEDULE Section I Revised pay structure for posts carrying scales in Group 'D', 'C', 'B' & 'A', except posts for which different revised pay structure is notified separately.
(In Rs.)
Present scale Revised pay structure
Sl Post/ Present Scale Name of Correspondin Correspo
No Grade Pay g Pay nding
Band/ Bands/Scales Grade
Scale Pay
(1) (2) (3) (4) (5) (6)
1 S-1 2550-55-2660-60-3200 -1S 4440-7440 1300
2 S-2 2610-60-3150-65-3540 -1S 4440-7440 1400
3 S-2A 2610-60-2910-65- -1S 4440-7440 1600
3300-70-4000
4 S-3 2650-65-3300-70-4000 -1S 4440-7440 1650
5 S-4 2750-70-3800-75-4400 PB-1 5200-20200 1800
6 S-5 3050-75-3950-80-4590 PB-1 5200-20200 1900
7 S-6 3200-85-4900 PB-1 5200-20200 2000
8 S-7 4000-100-6000 PB-1 5200-20200 2400
9 S-8 4500-125-7000 PB-1 5200-20200 2800
10 S-9 5000-150-8000 PB-2 9300-34800 4200
11 S-10 5500-175-9000 PB-2 9300-34800 4200
12 S-10A 6000-190-9800 PB-2 9300-34800 4200
13 S-12 6500-200-10500 PB-2 9300-34800 4200
14 S-13 7450-225-11500 PB-2 9300-34800 4600
15 S-14 7500-250-12000 PB-2 9300-34800 4800
16 S-15 8000-275-13500 PB-2 9300-34800 5400
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
23
OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE 17 New 8000-275-13500 PB-3 15600-39100 5400 Scale (Group A Entry) 18 S-19 10000-325-15200 PB-3 15600-39100 6600 19 S-21 12000-375-16500 PB-3 15600-39100 7600 20 S-24 14300-400-18300 PB-4 37400-67000 8700 21 S-26 16400-450-20000 PB-4 37400-67000 8900 22 S-27 16400-450-20900 PB-4 37400-67000 8900 23 S-29 18400-500-22400 PB-4 37400-67000 10000 24 S-30 22400-525-24500 PB-4 37400-67000 12000 25 S-31 22400-600-26000 HAG+ 75500- (annual Nil Scale increment @ 3%) 80000 26 S-32 24050-650-26000 HAG+ 75500- (annual Nil Scale increment @ 3%) - 80000 27 S-33 26000 (Fixed) Apex 80000 (Fixed) Nil Scale Notes:
(i) The revised pay structure is applicable for all categories of Railway servants irrespective of their designations strictly on the basis of the existing scales of pay except as may be specifically prescribed otherwise by Ministry of Railways (Railway Board).
(ii) Group 'B' gazetted officers in the existing scale of Rs.8000-
13500 in all the Organized Services will be granted Grade Pay of Rs.5400 in PB-3 retaining the existing classification of Group 'B' gazetted.
(iii) The existing classification of Railway servants in group 'D', 'C', 'B' & 'A' on the basis of the existing scales of pay will continue in the revised pay structure till further orders except as may be specifically prescribed otherwise by Ministry of Railways (Railway Board). No change in the classification should be made in the revised scales." KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 24 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
9. Section II reads thus:
"Section II Entry Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 PB-1 xxxx PB-2 (Rs. 9300-34800) Grade Pay Pay in the Total Pay Band 4,200 9,300 13,500 4,600 12,540 17,140 4,800 13,350 18,150"
10. Posts for which different revised pay structure is notified as per Annexure 'B' in the pay scale of Rs.6500-10500/- in PB-2 Grade Pay is revised as Rs.4600/-, hence, pay scale of Rs. 6500- 10500/- got merged with the pay scale of Rs. 7450-11500/- in Grade Pay Rs. 4600/-. Grade Pay of Rs 5000-8000/-, Rs. 5500- 9000/- got merged in the Grade Pay of Rs. 4200/-.
11. To adjudicate on the issue involved, firstly, the primary aspect of, 'what is bunching' has to be analysed. Ordinarily, bunching occurs in the fixation of pay when the pay at two or more consecutive stages in a pay scale/Grade Pay in the pre-revised scale get fixed at the same scale in the corresponding pay scale/level in KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 25 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE the revised pay structure. Before the 6th CPC, government employees had pay scales with different stages. The 6th CPC introduced Pay Bands and Grade Pays to streamline the pay structure. When the pay of two or more pre-revised stage gets revised in the same stage in the revised pay band, it is called bunching.
12. As per the 6th CPC recommendations, Rs. 5000-8000/-, Rs. 5500-9000/-, Rs. 6500-10500/- were merged in PB 2, Grade Pay Rs. 4200/Rs. 4600. Thus, on account of revision of the pay structure as per the 6th CPC recommendations, employees at different levels of pre-revised pay scales were placed on the same revised pay level in certain pay scales. To alleviate the problem of bunching in such cases, bunching benefits have been recommended ensuring the employees pay progression was not unfairly impacted by the revision so that the senior getting higher pre-revised pay compared to his junior should not be made to suffer.
13. Relevant portion of Rule 7 (1) (A) (i) (ii) & (iii) of the Rules reads thus:
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 26 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE "7. Fixation of initial pay in the revised pay structure:
(1) The initial pay of a Railway servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2006, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely:-
(A) in the case of all employees:-
(i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
(ii) if the minimum of the revised pay band/ pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;
Provided further that:-
Where, in the fixation of pay, the pay of Railway servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching.
In the case of pay scales in higher administrative grade (HAG) in the pay band PB-4, benefit of increments due to bunching shall be given taking KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 27 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE into account all the stages in different pay scales in this grade. In the case of HAG+ scale, benefit of one increment for every two stages in the pre-revised scale will be granted in the revised pay scale. If by stepping up of the pay as above, the pay of a Railway servant gets fixed at a stage in the revised pay band/ pay scale (where applicable) which is higher than the stage in the revised pay band at which the pay of a Railway servant who was drawing pay at the next higher stage or stages in the same existing scale is fixed, the pay of the latter shall also be stepped up only to the extent by which it falls short of that of the former.
(iii) The pay in the pay band will be determined in the above manner. In addition to the pay in the pay band, grade pay corresponding to the existing scale will be payable.
Note - Illustration 1 on the above is provided in the Explanatory Memorandum to these Rules.
(B) xxxx (C) xxxx (D) xxxx Note 1 (a) xxxx Note 2A Where a post has been upgraded as a result of the recommendations of the Sixth CPC as indicated in the Schedule to these Rules, the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale will be payable in addition. Illustration 4A in this regard is in the Explanatory Memorandum to these Rules. KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 28 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE Note 2B In the case of merger of pay scales, pay in the revised pay bands will be fixed in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the merged scale will be payable in addition. Illustration 4B in this regard is in the Explanatory Memorandum to these Rules."
14. Explanatory Memorandum to the Railway Services (Revised Pay) Rules, 2008 (RBE 103/2008 dated 04.09.2008) provides Illustration 4A and 4B, which reads thus:
"Illustration 4A: Pay fixation in cases where posts have been upgraded e.g. posts in pre-revised pay scale of Rs.3050-75-3950- 80-4590 to Rs.3200-85-4900 scale
1. Existing Scale of Pay Rs.3050-4590 (Corresponding Grade Pay Rs.1900)
2. Pay Band applicable PB-1 Rs.5200-20200
3. Upgraded to the Scale of Rs.3200-4900 Pay (Corresponding Grade Pay Rs.2000)
4. Existing basic pay as on Rs.3125 1.1.2006
5. Pay after multiplication by a Rs.5813 (Rounded off to factor of 1.86 Rs.5820)
6. Pay in the Pay Band Rs.5820
7. Pay in the pay band after Rs.6060 KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 29 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE including benefit of bunching in the pre-revised scale of Rs.3050-4590, if admissible
8. Grade Pay attached to the Rs.2000 scale of Rs.3200-4900
9. Revised basic pay - total of Rs.8060 pay in the pay band and grade pay Illustration 4B: Pay fixation in cases where pay scales have been merged e.g. pre-revised pay scales of Rs.5000-8000, Rs.5500- 9000 and Rs.6500-10500
1. Existing Scale of Pay Rs.5000-150-8000
2. Pay Band applicable PB-2 Rs.9300-34800
3. Merged with the scale of pay Rs.6500-200-10500
4. Existing basic pay as on Rs.5600 1.1.2006
5. Pay after multiplication by a Rs. 10416 (Rounded off to factor of 1.86 Rs.10420)
6. Pay in the Pay Band PB-2 Rs.10420
7. Pay in the Pay Band after Rs.10420 including benefit of bunching, if admissible
8. Grade Pay attached to the Rs.4200 scale of Rs.6500-200-10500
9. Revised basic pay - total of Rs.14620"
pay in the pay band and grade pay KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 30 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
15. Para 2 (ii) of the OM dated 30.08.2008 reads thus:
"(ii) The tables in Annex-I will be applicable in cases where normal replacement pay scales have been approved by the Government. In cases of upgradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A and 2B below Rules 7(1) and in the manner indicated in Illustrations 4A & 4B respectively of the Explanatory Memorandum to the CCS (RP) Rules, 2008."
[Fitment Tables are enumerated in Annexure I]
16. Clarification to Note 2A below Rule 7 of the Rules given by the Government of India vide OM dated 13.10.2008 reads thus:
"Clarification to Note 2A below Rule 7 of the CCS (RP) Rules, 2008 -
xxxxx
2. Accordingly, in cases of upgradation of posts as a result of recommendations of Sixth CPC, the fitment table attached with the O.M. of even number dated 30th August, 2008 corresponding to the pre-revised scale shall be used for the purpose of determination of pay in the pay band. To the pay in the pay band so determined, the grade pay corresponding to the upgraded post is to be added. This will be the revised pay of the Government servant who has been upgraded as a result of Sixth CPC recommendation.
3. To illustrate, CPMF Constables have been upgraded from pre-revised scale of Rs.3050-4590 to the pay scale of Rs.3200-4900 corresponding to the grade pay of Rs.2000 in PB-1. In the case of a CPMF Constable drawing the basic pay of Rs.3575 as on 1.1.2006, his pay in the pay band will be fixed in accordance with the fitment table of the pre-revised scale of Rs.3050-4590. Hence, his revised pay in the pay band will be Rs.6650 as per the table corresponding to the pre-revised scale of Rs.3050-4590. To this, the Grade Pay of Rs.2000 corresponding to the upgraded pay scale of Rs.3200-4900 will KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 31 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE be added. Consequently, his revised basic pay would be Rs.8650 as on 1.1.2006.
4. The above procedure is to be adopted in all cases where pay scales have been upgraded by the Pay Commission, including Constabulary and other ranks in the CPMFs/CPOs, Postmen and similar cadres in Department of Posts, Assistants and Section Officers in the Central Secretariat and other headquarter organization and the common category cadres of Teachers and Nurses. This list is illustrative and not exhaustive.
5. All administrative Ministries/Departments are directed to ensure that in no case is there any deviation from the above [subject to other provisions of CCS (RP) Rules, 2008]. Pay fixed in the case of upgradations in any manner other than the above, will be rectified."
The relevant paragraphs of OM dated 13.09.2008 issued by the Government of India, Ministry of Finance reads thus:
"Clarification 6: Procedure for placing employees in upgraded scales in case of merger of scales/upgradations recommended by the Sixth CPC.-
(i) Where all posts in one or more pre-revised scales are merged with a higher pre-revised scale and given a common replacement scale/grade pay, the suitability of the incumbents need not to be assessed for granting them the higher replacement scale/grade pay and the incumbents will automatically be granted the replacement pay scale/grade pay recommended by the Commission. Their pay will be fixed in the accordance with the fitment table annexed to this Department's O.M. of even number dated 30.08.2008.
(ii) Similarly, in the case of upgradations recommended by the Pay Commission, i.e. where all posts in a particular grade have been granted a higher replacement pay scale/grade pay, the suitability of the incumbents need not be assessed for granting them the higher replacement scale/grade pay. The incumbents will automatically be granted the replacement pay scale/grade KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 32 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE pay recommended by the Commission. Their pay in the pay band will be fixed with reference to their fitment table corresponding to pre-revised pay scale. However, the Grade Pay corresponding to the upgraded post will be granted.
Note: CCS (Revised Pay) Rules, 2008 define the term "basic pay" in the revised pay structure as the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay, etc. In the case of Government servants in the pay scales of HAG+ and above basic pay means the pay in the prescribed scale." These clarifications issued with the illustration shown therein clarifies further for fixing the pay in the pay band with reference to the fitment table. However, in the case of upgradation as per illustration 4A, for the existing pay as on 01.01.2006 of Rs. 3125/- multiplying with the factor of 1.86 rounding off the resultant figure to the next multiple of 10 would be Rs. 5820/- (Rs. 3125x1.86 = Rs. 5813/- rounded off to Rs. 5820/-). This would be the pay in the Pay Band of PB 1 Rs. 5200-20200/-. In the case of upgradation, the Grade Pay of Rs. 2000/- corresponding to the upgraded pay scale of Rs. 3200-4900/- is added. Consequently, pay in the Pay Band after including benefit of bunching being admissible herein, is Rs.6060/-, i.e., 3% of Rs. 5880/- = 176.4 rounded off to 180 + 5880 (lower revised basic pay of Rs. 3050 in the fitment table) = 6060. Hence, the revised pay is Rs. 8060/-. It is significant to note that in the case KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 33 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE of Rs. 3125/-, there is bunching since the lower revised basic pay of Rs. 5880 is the same. Illustration 4A is specific to the pay of Rs. 3125/- in the scale Rs. 3050-4590/- upgraded to Rs. 3200-4900/-.
17. It is beneficial to refer to the clarification issued by the Department of Posts, Ministry of Communications dated 29.09.2022. Clarification issued on the following point of reference is quoted hereunder:
"ii. On merger and upgradation of Junior Accounts Officer (JAO) from pay scale of Rs. 6500-10500 to AAO cadre (GP Rs.
4800/- corresponding to pre-revised pay scale of Rs. 7500- 12000/-) in 6th CPC w.e.f. 01.01.2006, whether the pay would be fixed at Rs. 18,750/- as per the fitment table of pre-revised pay scale of Rs. 7500-12000/- in terms of illustration 4A by giving benefit of bunching?
xxxxx
3. As regards clarification on point No. (ii), it is noted that the erstwhile post of JAO in the pre-revised pay scale Rs 6500- 10500 was merged with Assistant Accounts Officer, which was upgraded to the pay scale of Rs.7500-12000 (corresponding to Grade Pay of Rs.4800/-) in 6th CPC w.e.f. 01.01.2006. The Department of Expenditure OM No. 1/1/2008-IC dated 13.10.2008 which further reiterated in DOP&T OM No 7/7/2008-CS.I(A) dated 03.01.2014, provides that "Where a post has been upgraded as a result of the recommendations of the Sixth CPC, the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of the Rule 7 by multiplying the existing KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 34 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE basic pay as on 01.01.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pays corresponding to the upgraded scale will be payable in addition. Illustration 4A in this regard is in the Explanatory memo to these Rules." To illustrate, if basic pay of any JAO as on 01.01.2006 was Rs. 6500/- his/her fixation as per illustration 4A of CCS (RP) Rules, 2008 will be as follows:-
Sl Event Illustration A Illustration B
(i) Basic Pay as on Rs. X (Rs. 6500/- in Rs. 6900/-
01.01.2006 in JAO scale Rs. 6500-10500) cadre
(ii) Pay Band applicable PB-2nd Rs. 9300-34800
(iii) Upgraded to scale of Rs. 7500-12000 Pay
(iv) Pay after Rs. X x1.86 (rounding Rs. 12,840/-
multiplication by off the resultant figure
factor of 1.86 to the next multiple of
10) = Rs. Y = Rs.
12,090/-
(v) Band Pay in the PB- Rs. Y (Rs. 12,090/-) Rs. 12,840/-
2nd
(vi) Grade Pay attached Rs. 4800/-
to the scale Rs.
7500-12000
(vii) Revised basic pay - Rs. Y + Rs. 4800/- = Rs. 12,840/-
total of Band Pay Rs. Z + 4800/- =
and Grade Pay Rs. 17,640/-
(viii) Basic pay in the 12,090 + 4800 =
revised pay as on 16,890/-
01.01.2006 i.e., Rs.
Z is
3.1 The issue of grant of fixation benefit as per the fitment table of pre-revised scale of Rs. 7500-12000 by virtue of bunching in the basic pay corresponding to lower scale Rs. 6500-10500/- up to the minimum basic pay of the former scale KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 35 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE i.e. Rs. 13950/- to get their pay fixed at Rs. 18,750/- in term of illustration 4A wherein benefit of bunching has been shown effected while fixing the existing pay Rs. 3125/- in the scale of Rs. 3050 to 4590 to the revised pay scale on upgradation to the scale of Rs. 3200-4900 has also been examined. It is noted that when the existing pay Rs. 3125/- is multiplied by a factor of 1.86 it comes to Rs. 5820/- which, in fact, bunched with its lower revised basic pay of Rs. 5880/- (when Rs. 3050/- is multiplied by the factor of 1.86) as per the fitment table of the scale of Rs. 3050-4590. Therefore, as per provisions of Rule-7 of CCS (RP) Rules, 2008 the Govt. servant drawing pay of Rs. 3125/- becomes entitled for the benefit of bunching in the pre- revised scale of Rs. 3050-4590 and, thus, placed to next scale Rs. 6060/- which is coincidentally equal to the initial basic pay of the scale of Rs. 3200-4900 to which the post in scale Rs. 3050-4590 was upgraded. It does not, per se, means that the benefit of bunching is to be effected up to the minimum revised basic pay in the upgraded pay scale in each and every case where scales are upgraded. This is further clear from the fact that as per the fitment table of the pre-revised scale Rs. 6500-10500, annexed with the Department of Expenditure OM No. 1/1/2008-IC dated 30.08.2008, no existing pre-revised Basic Pay is bunched with other, therefore, even the benefit of bunching in terms of Rule-7 of CCS (RP) Rules, 2008 is not admissible to those who were in the pre-revised scale of Rs. 6500-10500."
(emphasis supplied)
18. Illustration explained in Government of India's decision (1) to clarification to Note 2A also is with respect to fixation in scale Rs. 3050-4590/- upgraded to Rs. 3200-4900/-. This has been reiterated by the Railway Board in RBE No. 172/2008 dated 11.11.2008. Comparative table is as under:
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 36 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE Illustration 4A of Illustration explained explanatory in GOI decision (1) memorandum [clarification to Note 2A below Rule 7 of CCS (RP) Rules 2008] (adopted by Railway Board in RBE No. 172/2008) dated 11.11.2008 (1) (2) Note: Both illustrations are in the same existing/upgraded scale Existing scale of pay 3050-4590 3050-4590 (corresponding to GP (corresponding to 1900/-) GP 1900/-) Pay band applicable 5200-20200 5200-20200 Upgraded to the scale of 3200-4900 3200-4900 pay (corresponding to GP (corresponding to 2000/-) GP 2000/-) Existing basic pay as on 3125 3575 01.01.2006 Pay after multiplying 5813 6649 with a factor of 1.86 Pay in the pay band PB- 5820 6650 2 Pay in the pay band after 6060 6650 including of bunching in Bunching as 3050 pre- No bunching here the pre revised scale of revised scale after 3050-4590 if admissible revision 3050x1.86 = 5673 rounded off to 5680. As per the fitment table, junior is getting high - 5880 in the pay of 3050.
Hence, adding
bunching of 3% on
5880 = 176.4 rounded
off to 180
5880+180=6060
Grade Pay attached to 2000 2000
the scale of 3200-4900
Revised basic pay - 8060 8650
Total of pay in the pay
band and grade pay
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'
37
OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
19. The relevant portion of OM dated 07.02.2019 issued by the Department of Expenditure, Ministry of Finance reads thus:
" xxxx
4. The 6th Central Pay Commission in para 2.2.21 of its Report recommended - "To alleviate the problem of bunching in these cases, the Commission has allowed the benefit of one extra increment wherever two or more stages in any of the pre revised pay scales were getting bunched together at one level in the revised pay bands.... The Commission has prepared a detailed fixation chart which gives the fitment in the revised running pay bands in every stage". However, in the fitment charts prepared by the 6th Pay Commission, the Commission illustrated the bunching meant by it. The examples from the fitment tables prepared by the 6th Pay Commission are given in Annexure I.
5. The same principle of bunching was adopted in terms of the fitment table prescribed by the Ministry of Finance, Department of Expenditure, as per the OM No.1-1/2008-IC dated 30.8.2008. The examples of which are given in Annexure II.
xxxxx KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 38 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
20. OM dated 22.05.2019 issued by the Department of Expenditure relates to concordance table for revision of pension of pre-2006 pensioners who retired from the 5th pay scale of 6500- 10500 or equivalent pay scales in the previous Pay Commission periods. In terms of the said concordance table, for the pre-revised basic pay of Rs. 7700/- relating to the applicant in OA No. 213/2023, basic pay in the Pay Band is Rs. 14,330/- adding Grade Pay of Rs. 4600 revised basic pay is Rs. 18,930/- which indeed has been given by the department to the applicant therein.
21. The issue involved in S.C. Sharma, supra, before Jaipur Bench of this Tribunal relates to upgradation of the pay scale of the Technical Officers from Rs. 6500-10500/- to Rs. 7450-11500/- corresponding to the revised Pay Band PB 2 of Rs. 9300-34800/- with Grade Pay of Rs. 4600/- with effect from 01.01.2006 under the provisions of the Rules. The representations filed by the applicants therein having been turned down by passing a speaking order in compliance with the directions issued in the OA filed earlier, the applicant in S.C. Sharma filed OA No. 141/2012. The main ground of challenge was that the pay was not fixed as per Illustration 4A. KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 39 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE In that context, Jaipur Bench of this Tribunal setting aside the so called speaking order directed the respondents to grant benefit of bunching to the applicants therein, as per Illustration 4A of 7 (i) of the Rules which is equal to 3% of Pay Band plus corresponding Grade Pay and after granting benefit of bunching as per Rules, as indicated, the respondents were further directed to make payment of arrears to the applicants after the exercise undertaken for correct pay scale with effect from 01.01.2006. In arriving at the decision, this Tribunal has observed that it appears, the applicants pay has been fixed in accordance with Fitment Table provided in OM dated 30.08.2008 which is totally incorrect because this Fitment Table is applicable to normal replacement and not to the cases of merger or upgradation as in the case of the applicants therein. The relevant paragraphs are extracted hereunder:
"13. Further, the applicants are able to show before us relying upon Appendix-A which has been placed on record alongwith the reply filed by the respondents and more particularly referred clause-7 in which pay in the pay band after including benefit of bunching in the pre-revised scale of Rs. 3050-4590, if admissible has been mentioned. Beyond this term, in the appendix the respondents have manipulated to write down fixed by referring to fitment table given in Annexure I corresponding to the existing pay scale. We are fully satisfied that above referred addition in Clause-7 has been introduced by the respondents deliberately to deny the correct fixation of pay and has wrongly fixed pay of the applicants.
KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 40 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
14. We have thoroughly considered the relevant rules and the OMs as well as the appendices and illustration given in the rules and upon consideration it appears that the applicants pay has been fixed in accordance with fitment table provided in OM dated 30.8.2008 which is totally incorrect because this fitment table is applicable to normal replacement and not to the cases of merger or upgradation as in the case of the applicants.
15. In view of the observations made hereinabove, we are fully satisfied with the submissions made on behalf of the applicants and we deem it proper to quash and set-aside the order dated 12.12.2011 (Ann.A/1) and order vide which pay of the applicants have been wrongly fixed without giving benefit of bunching. The respondents are directed to grant benefit of bunching to the applicants as per illustration 4A of Rule 7(i) of CCS (RP) Rules, 2008 which is equal to 3% of Pay Band + Corresponding grade pay and after granting benefit of bunching as per rules, as indicated above, the respondents are further directed to make payment of arrears to the applicants after the exercise undertaken for correct pay scale w.e.f. 1.1.2006. It is further made clear that the entire exercise is supposed to be undertaken expeditiously, but in case not later than a period of three months from the date of receipt of a copy of this order."
22. Clarification issued by the Government of India to Note 2A and the Illustration provided therein as well as RBE No. 172/2008 were not brought to the notice of this Tribunal, Jaipur Bench in S.C. Sharma, supra. Hence, relying on Para 2 (ii) of the OM dated 30.08.2008, S.C. Sharma case, supra, has been decided merely applying the illustration 4A to all the upgradation cases. KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 41 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE
23. The subsequent decisions in Harilal, Maganti Ramana Kumar and A.S.R. Murthy, supra, have been rendered following S.C. Sharma, supra. There is no cavil with the Grade Pay of Rs. 4600/- applicable to the pay scale of Rs. 6500-10500 in terms of the OM dated 13.11.2009.
CONCLUSION
24. For the reasons stated in the preceding paragraphs, we are of the considered view that illustration 4A is specific to the pay of Rs. 3125/- which gets bunched i.e., gets fixed in the revised pay structure at the same stage with Rs. 3050/- in the existing scale of Rs. 3050-4590/-. The word 'admissible' employed in Illustration 4A & 4B plays a pivotal role to calculate the bunching benefits. In our view, it cannot be ignored. To selectively take an illustration specific to a particular rate of pay in the existing pay scale and uniformly applying it to all rates of pay is not appropriate and the same would be inconsistent with the Rules. The employees would be eligible for bunching, if admissible and not by default. It is clear from the language of Note 2A that it is only the grade pay corresponding to the upgraded pay scale will be given and not the upgraded pay itself. Note 2A deals with upgradation and Note 2B KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 42 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE with merger. In case of Note 2B, merged Grade Pay is applicable not the merged pay scale. Note 2A speaks of fixation as at Illustration 4A in the explanatory memorandum but Note 2A cannot be read in isolation since Government of India's decision contains a clarification to Note 2A. This clarification clearly states that in cases of upgradation, the fitment table attached with OM dated 30.08.2008 corresponding to the pre-revised scale shall be used for the purpose of determination of pay in the pay band and to this, Grade Pay corresponding to the upgraded post is to be added. This will be the revised pay of the government servant who has been upgraded as a result of 6th CPC. Illustration 4A takes an example where bunching was a possibility. This need not be the case always.
25. At the cost of repetition, we observe that in normal replacement the fitment table with Grade Pay provided therein, is added to arrive at the revised pay but in the case of upgradation, Grade Pay applicable to the upgraded pay is added not the pay in the pay band of the upgraded scale as per Illustration 4A to Note 2A. Normal Grade Pay for Rs. 3125/- in the fitment table is Rs. 1900/- but for upgradation Grade Pay of Rs. 2000/- applicable to the upgraded pay is added. This is 4A. Rule 7 (1) (A) (i) envisages KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 43 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE for determining the pay in the pay band/pay scale multiplying the existing basic pay as on 01.01.2006 by a factor of 1.86 and rounding of the resultant figure to the next multiple of 10. Ist proviso appended to (i) and (ii) of Rule 7 (1) (a) carves out an exception that where in the fixation of pay, the pay of Railway Servants drawing pay at two or more consecutive stages in an existing scale gets bunched, i.e., gets fixed in the revised pay structure at the same stage in the pay band, then for every two stages so bunched, benefit of one increment (3% on the pay in the pay band) shall be given. This benefit is only to alleviate bunching and is not automatic. Moreover, in the present set of facts Illustration 4B is applicable. As per the Illustration 4B, no bunching benefit is given with respect to Rs. 5600/-, the basic pay as on 01.01.2006. This is only illustrative and not exhaustive. In case of Illustration 4B, Grade Pay of merged pay scale is applicable whereas in Illustration 4A, Grade Pay corresponding to the upgraded post will be granted. This may vary from case to case depending upon the basic pay as on 01.01.2006. Even assuming Illustration 4A is applicable for the pay scale of Rs. 6500-10500/-, no bunching benefit is available as discussed in the preceding KAVYA SHREE K CAT, Bangalore 2026.03.27 16:11:52+05'30' 44 OA.No.170/00213/2023, OA.No.170/00396/2024 OA.No.170/00601/2024 & OA.No.170/00604/2024/CAT/BANGALORE paragraphs. The calculation of the applicants are misplaced. Hence, the applicants are not entitled to bunching benefits as claimed.
26. For the reasons aforesaid, OAs lack merit, accordingly stand dismissed.
All the pending MAs stand disposed of accordingly. No order as to costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ksk/
KAVYA SHREE K
CAT, Bangalore
2026.03.27 16:11:52+05'30'