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Showing contexts for: Traffic apprentice in P Shivaprakash And Others vs South Western Railway on 6 March, 2025Matching Fragments
(iii) Grant any other relief or reliefs as deemed fit and proper in the interest of justice and equity."
2. These reliefs are claimed on the grounds as mentioned in paragraphs 5(1) to (3) of the Original Application. The brief facts as narrated by the applicants are that the applicants SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.03.07 17:47:48+05'30' O.A.Nos.170/61/ 2024/CAT/BANGALORE while working as Station Master Grade III in Scale Rs.5000- 8000 in Mysuru Division of South Western Railway, the respondents issued a notification for filling up of the posts of Traffic Apprentice in Scale Rs.5500-9000 under 10% LDCE quota. On being selected to the post of Traffic Apprentice, the applicants were placed in the selected panel dated 19.12.2005. But due to administrative reasons, they were sent for training on 13.11.2006 only instead of 16.06.2006.
7. We have carefully gone through the entire records and considered the rival contentions.
8. M.A 54/2024 has been filed by the applicants for condoning the delay of 32 months in filing the O.A.
9. The contentions of the applicants in the M.A 54/2024 are that further to the completion of training and on absorption in the post of Traffic Apprentice, their pay fixation and seniority was done only after 10 years by the respondent by their order dated 29.5.2018. As their pay has been fixed lower than that of the junior respondent no.3 in 2018 and aggrieved by the decision of the respondent in non- considering their request for the stepping up of pay, the applicants should have approached this Tribunal within one year i.e. on or before 29.5.2019, but the applicants were waiting for the response from the respondents. They submit that by taking the exemption on limitation granted by the Hon'ble Supreme Court from March 2020 to Feb 2022, the SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.03.07 17:47:48+05'30' O.A.Nos.170/61/ 2024/CAT/BANGALORE O.A suffers from the delay of about 32 months. Hence, the applicants pray for condonation of delay in filing the O.A as the delay was due to un-avoidable reasons and un-intentional.
17. As from the given table itself, it is very clear that on 1.7.2007, respondent no.3 Shri.N.Vasudevan was drawing a pay of Rs.17,880/- and his salary became Rs.18420/- on 1.7.2008 whereas the first applicant Shri.P.Shivaprakash was drawing a salary of only Rs.17000/- on 1.7.2007 and when he was promoted and put as Traffic Apprentice promoted as Station Master II on 16.6.2008, applicant no.1 remained at that level at Rs.17000/-. So he was clearly getting lesser salary and he was also junior as respondent no.3 got into service on 7.7.1986 and he got promotion to the grade of Station Master Grade III on 25.7.1991 whereas the applicant no.1 Shri.P.Shivaprakash got an appointment on 15.2.1993 and he was promoted as Station Master Grade III only on 28.2.1997. Hence, the facts of the case does not in any way support the case of the applicants and we are of the SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.03.07 17:47:48+05'30' O.A.Nos.170/61/ 2024/CAT/BANGALORE considered opinion that the applicants have failed to make out any case for themselves.