Full Judgment
Dr. K.B.S. Rajan, Judicial Member
1. The applicant (seventh standard qualified) was initially appointed as a casual labourer and was granted temporary status w.e.f. 30-09-1982 and later regularised as a regular employee w.e.f. 26-10-1983. The regularization was in his capacity as Trackman from which post, the applicant was transferred as an artisan Khalasi and later promoted to the semiskilled post and as on 31-12-2005 the applicant was holding the scale of pay of his 2650 - 4000. The applicant superannuated on 30 - 09 - 2008.
2. With the framing of the Railway Services (Revised Pay) Rules 2008, all non-matriculate group D employees in different scales of pay were given the common replacement pay band of Rs.4440 - 7440 with a grade pay ranging from Rs.1300 to Rs.1650 and the the pay scale of Rs.2750 - 4400 was given a replacement pay band of Rs.5200 - 20,200 with the grade pay of Rs.1800. The above replacement pay band/GP was to come into effect from 01 - 01 - 2006. the non-matriculate is group D employees would be granted the benefit of Rs.5200 - 20,200 with the grade pay of Rs.1800 after they were subjected to a formal retraining to be conducted by the authorities. The applicant was fixed in the pay band of Rs.4400 - 7440 with the grade pay of Rs. 1650. He was not given any retraining by the respondents (presumably on account of nonavailability of time as he had by then superannuated entrances).
3. Annexure A-1 dated 29 - 10 - 2008 is of the Railway board (RBE No. 160/2008) holding that all the existing group D employees in different grade place w.e.f. 01 - 01 - 2006 would be granted with a band of Rs.5 200 - 20200 with a great play of Rs.1 800 w.e.f. 01 - 01 - 2006. By Annexure A-2 order dated 08 - 11 - 2010 (RBE No. 162 /2010), regular group D non-matriculate employees who died in harness or had retired during the period from 01 - 01 -2006 to 04 - 09 - 2008 (the date of notification of the revised Pay Rules)would also be placed in the PB - 1 with GP of Rs 1,800/- w.e.f. 01 - 01 - 2006.
4. The claim of the applicant is that he must be placed in the pay band of Rs 5200-20200 with the grade pay of Rs.1 800/-. In addition the applicant also claims that he should be made eligible for consideration for M ACP which the Railways had introduced effective from 01-09- 2008.
5. The applicant has made the following player through this OA: -
(i) Declare that the non-feasance on the part of the respondents to grant the applicant the benefit of PB Rs.5200-20200 + GP of Rs.1,800/- with effect from 01.01.2006 is arbitrary, discriminatory, contrary to law and unconstitutional;
(ii)Declare that the non-feasance on the part of the respondents to grant the applicant the 1st and 2nd financial upgradations with effect from 01.09.2008 in PB-1 + GP Rs.1,900/- and GP Rs.2,000/- respectively is arbitrary, discriminatory and hence unconstitutional;
(iii)Direct the respondents to grant the applicant the benefit of PB-1 with GP of Rs.1,800/- with effect from 01.01.2006, with all its consequential arrears of pay and allowances arising therefrom;
(iv)Direct the respondents to grant the applicant the benefit of 1st and 2nd financial upgradations as provided for in A3 with effect from 01.09.2008 with all its consequential arrears of pay and allowances arising therefrom;
(v)Direct the respondents to revise the applicant's pension, allowances and all other retirement benefits in the light of declarations and directions in para 8(i) to (iv) above and direct further to grant all the arrears of such retirement benefits forthwith;
(vi)Direct the respondents to grant the applicant the benefit of interest @ 9% per annum on the arrears of pay and allowances, pension, retirement gratuity, leave salary and all other retirement benefits to be calculated with effect from 01.09.2009 upto the date of full and final settlement of the same. As regards the arrears of pension, falling for the period after 01.09.2009, interest may be directed to be paid @ 9% per annum to be calculated month after month as the arrears fell due after 01.09.2009 upto the date of full and final settlement of the same.
6. Respondents have contested the OA. They had referred to an earlier order dated to 4 - 09 - 2008 and contended that the applicant is not eligible for the higher pay scale or the higher grade pay.
7. Counsel for the applicant argued that the applicant relies upon order dated 08 - 11 - 2010 which is posterior to the order dated 24 - 09 - 2008 relied upon by the respondents. The Counsel therefore submitted that it is the latter rule that would prevail.
8. Counsel for the respondents has not denied the fact that annex A-2 order of the Railway board is posterior to order dated 24 - 09 - 2008.
9. Arguments were heard and documents perused. As a matter of fact, the respondents have relied upon an obsolete document which stood by implication superseded by order dated 08 - 11 - 2010, relied upon by the Applicant, vide Annexure A-2. Thus the applicant is entitled to the higher pay scale with the grade pay of Rs.1800. As regards MACP, the applicant has to file a separate representation to the respondents and it is only when the respondents reject his case can he come to this tribunal challenging the decision of the respondents.
10. In view of the above this way is allowed to the extent that the claim of the applicant for placement of his pay in the scale of Rs 5,200 - 20,200 with GP of Rs 1800 from 01-01-2006 is allowed. Respondents shall afford the applicant the aforesaid scale of pay and Grade Pay, as they would have dealt with in respect of others similarly placed in the wake of order dated 08-11-2010. If others had been granted actual pay, increments and had been paid the arrears of the difference in the emoluments, the applicant is also entitled to the same. In so far as MACP is concerned, liberty is given to the applicant to agitate about the same by preferring a representation to the respondents and follow up the same in accordance with law.
11. This order shall be complied with, within a period of three months from the date of communication of this order.
12. No costs.