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HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER The applicant was appointed as a Commercial Clerk in Palghat Division of Southern Railway in 1988. He was promoted as Assistant Station Master in 1990 and in 1991 he sought a transfer to Trivandrum Division which materialized only in 2002. In the meantime, he was promoted as Station Master Grade III in 1991. The pay scales of Assistant Station Master and Station Master Grade III were revised as Rs.4500-7000 and Rs.5000-8000 respectively from 1.1.1996. When the applicant was transferred from Palghat to Trivandrum Division on 18.2.2002, his pay was Rs.5900/- in scale Rs.5000-8000. On joining Trivandrum Division he was absorbed as Assistant Station Master in scale Rs.4500-7000 with a pay of Rs.5875/- + Rs.25 PP with effect from 18.2.2002 as per memorandum dated 15.4.2002 issued by the 2nd respondent. A true copy of which is produced as Annexure A-1. It is stipulated in Annexure A-1 that the applicant would draw his next increment in scale Rs.4500-7000 only on completion of 12 months, which the applicant thought is in accordance with law. Consequently the applicant's pay was raised to Rs.6000/- from 1.2.2003, to Rs.6125 from 1.2.2004, to Rs.6250/- from 1.2.2005 and to Rs.6375/- from 1.2.2006. His increment was withheld for 12 months' (non recurring) from 1.2.2006. The applicant was selected as Traffic Apprentice under 10% LDCE quota for filling up the post of Station Master Grade II in scale Rs.5500-9000 and undergone training as such from 16.6.2006 to 15.6.2008. He was also inducted as Station Master II in scale Rs.5500-9000 from 16.6.2008. During training his pay was raised to Rs.6375/- from 16.6.2006 to Rs.6725/- from 1.6.2007 in the said scale on notional basis. However, the said pay fixation became redundant due to the introduction of 6th Pay Commission pay scale with retrospective effect from 1.1.2006. The applicant contend that he is entitled for refixation of pay at Rs.6000/-, Rs.6125/-, Rs.6250/- and Rs.6375/- respectively on 1st March of 2002, 2003, 2004 and 2005 in scale Rs.4500-7000 with consequential arrears and seeks for a direction to that effect. There is a further prayer for declaration that he is entitled to have his pay refixed at Rs.11860/-. Rs.12300/-, Rs.12760/- plus grade pay of Rs.2800/- each in Pay Band I respectively on 1.1.2006, 1.7.2006 and 1.7.2007 and to have his pay refixed at Rs.13360 + Rs.4200, Rs.13890 + Rs.4200, Rs.14440 + Rs.4200 and Rs.15000 + Rs.4200 in Pay Band II respectively on 16.6.2008, 1.7.2008, 1.7.2009 and 1.7.2010 due to his induction/promotion as Traffic Apprentice/Station Master II from 16.6.2008 with consequential arrears.

2. In the reply statement filed by the respondents they virtually conceded the contentions of the applicant regarding his entitlement for fixation of pay. It is stated in paragraphs 2 and 3 as follows :-

"2. At the outset it is humbly submitted, without adverting to various averments in the OA, that the claim of the applicant for refixation of his pay in Grade Rs.4500-7000 as on 1st March 2002 onwards and for consequent refixation in VI Pay Commission Scale of pay from 1.1.2006 on his induction/promotion as Traffic Apprentice/Station Master-II with effect from 16.6.2008 with consequential arrears has been examined by the respondents on the basis of the averments in the OA. On such examination, a Memorandum No.V/P.524/II/Fixation/Court Case dated 3.5.2011 refixing the applicant's pay with effect from 1.3.2002 and for the subsequent years has been issued. A true photocopy of the said Memorandum is produced herewith and marked as Annexure R-1.
3. It is humbly submitted that the prayer for refixation of pay upto 15.6.2008, ie., till his induction/promotion as Traffic Apprentice/Station Master-II, as claimed in the OA has been granted as per the Annexure R-1. As regards the claim for fixation of pay with effect from 16.6.2008 and for further increments effective from 1.7.2008, 1.7.2009 and 1.7.2010, it is humbly submitted that the same is not correct and hence, denied. The applicant's pay as on 1.7.2007 has been fixed at Rs.1276-/- + Rs.2800/- (Grade Pay). Accordingly, on promotion as Traffic Apprentice from 16.6.2008, his pay is fixed at Rs.13270/- + Rs.4200 (Grade Pay) and not as claimed in the OA. This is duly accounting 3% of Rs.12760/- + Rs.4200, ie., Rs.13268.80, rounded off to Rs.13270/-. The applicant's annual increments for the subsequent periods effective from 1.7.2008, 1.7.2009 and 10.7.2010 have been allowed on the basis of pay at Rs.13270/- + Rs.4200, as per the Annexure R-1. The arrears consequent to the fixation are due from 22nd February 2008, ie., from 3 years prior to the date of the OA as held by this Hon'ble Tribunal in various similar O.As. It is humbly submitted that arrears consequent to Annexure R-1 are being worked out for effecting payment to the applicant without any further loss of time."