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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR AND N. AUTHINATHAN, JJ.
The General Manager, Union of India, Southern Railway & Ors. - Petitioners
Vs.
The Registrar Central Administrative Tribunal Chennai Bench & Ors. - Respondents
Writ Petition No.21350 of 2016 W.M.P.No.18281 of 2016
Decided On : 03-11-2016
The Court held that the promotion of the 2nd respondent as Senior Permanent Way Supervisor was to be treated as absorption/regular promotion with effect from the date of promotion. The Court also held that the 2nd respondent could not be reverted to the post of gangmate as per the provisions of Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Fact of the Case:
The 2nd respondent was appointed as Gangman in 1976 and was promoted to Permanent Way Mistry in 1989. In 2008, he was promoted to Senior Permanent Way Supervisor on an ad hoc basis. In 2011, he was found medically unfit for the post of Senior Permanent Way Supervisor and was reverted to the post of Gangmate. The 2nd respondent challenged the reversion order before the Central Administrative Tribunal, which set aside the order. The Railways filed a writ petition in the High Court challenging the order of the Tribunal.
Finding of the Court:
The High Court held that the promotion of the 2nd respondent as Senior Permanent Way Supervisor was to be treated as absorption/regular promotion with effect from the date of promotion. The Court also held that the 2nd respondent could not be reverted to the post of gangmate as per the provisions of Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Issues: Whether the promotion of the 2nd respondent as Senior Permanent Way Supervisor was to be treated as absorption/regular promotion.
Ratio Decidendi: The Court held that the promotion of the 2nd respondent as Senior Permanent Way Supervisor was to be treated as absorption/regular promotion with effect from the date of promotion. The Court also held that the 2nd respondent could not be reverted to the post of gangmate as per the provisions of Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Final Decision: The High Court dismissed the writ petition filed by the Railways and upheld the order of the Central Administrative Tribunal, which had set aside the reversion order.
S. MANIKUMAR, J.
Vide order, dated 27.04.2015, in O.A.No.268 of 2012, the Central Administrative Tribunal, Madras Bench, Chennai, while quashing the orders, dated 30.11.2011 and 22.12.2011, directed the petitioners to restore the 2nd respondent's basic pay at Rs.14,860/-, with Grade Pay of Rs.4,200/-, in the Pay Band of Rs.9,300-34,800, with Grade pay of Rs.4,200/-, w.e.f. 01.01.2012, within a period of three months, from the date of passing of the order. Being aggrieved by the above said order, Railways have preferred the present writ petition.
2. Facts leading to the writ petition are that the 2nd respondent, Mr. M. Rajendran, was appointed as Gangman, in Scale of Pay of Rs.196-232, under Section Engineer, Permanent Way, Tiruthuraipoondi, with effect from 07.01.1976. Thereafter, he was promoted as Keyman and further promoted as Gangmate in Scale of Pay of Rs.260-400, in the year 1982. According to the petitioners, he was holding the substantive post of Gangmate in scale of Pay of RS.950-1500 (IVth Pay Commission. Thereafter, he was promoted as Permanent Way Mistry, a safety post, with medical classification of "AYE THREE" (A3), purely on "AD HOC BASIS", in Scale of Pay of Rs.1400-2300 (IVth PC)/Rs.4500-7000 (Vth PC), with effect from 09.01.1989, from the post of Gangmate in sale of Pay of Rs.3050-4590 (Vth PC)/Rs.5200-20200, plus Grade Pay of RS.1900/- (VIth PC).
3. Subsequently, as per the instructions contained in the Railway Board's Letter, dated 22.03.2007 (RBE No.86/2007), there was an introduction of a new category, viz., Senior Permanent Way Supervisor, in Scale of Rs.5000-80001/Rs.9300-34800, with Grade Pay of Rs.4200/-. The 2nd respondent was upgraded to hold the post of Senior Permanent Way Supervisor, with effect from 22/23.05.2008, on adhoc basis.
4. The writ petitioners have further contended that when the 2nd respondent was working as Senior Permanent Way Supervisor, on adhoc basis, he was referred to the Railway Medical Authorities for periodical Medical Examination and he was found 'medically unfit' in medical classification of 'AYE THREE' and found fit in medical classification of 'CEY ONE and below', not involving jobs with heavy machinery, heights, tracks and near water, with effect from 22.09.2011, vide Chief Medical Superintendent, Railway Hospital, Golden rock, Trichy's Medical Fitness Certificate No.F 1157/538687, dated 31.10.2011. Therefore, the 2nd respondent was medically unfit to perform the duties of Senior Permanent Way Supervisor.
5. The above circumstances warranted Railways to post the 2nd respondent to his substantive and parent post of Gangmate. Accordingly, the 2nd respondent was posted back/reverted to his substantive and parent post of Gangmate in Pay band of Rs.5200-20200 with Grade Pay of Rs.1900 and posted back to work under the control of Section Engineer, Permanent Way, Tiruthuraipoondi (SE/PITTP), against a Supernumerary post, with effect from 22.09.2011, vide letter, dated 30.11.2011, without prejudice to the Office Order, for creation of a Supernumerary Post. Subsequently, an Office Order, dated 22.12.2011, was issued by the petitioners, advising all concerned that the 2nd respondent was treated as having been charged against the Supernumerary Post in the same designation of Gangmate with Pay of Rs.10990/- plus grade of Rs.1900/- in pay band of Rs.5200-20200, with effect from 22.09.2011 and that operation of the said Supernumerary Post in respect of the 2nd respondent, had been approved by the Competent Authority viz. Divisional Railway Manager, Tiruchchirappalli Division, 2nd petitioner herein.
6. Being aggrieved by the same, the 2nd respondent has filed O.A.No.268 of 2012, contending inter alia that reduction of his pay to Rs.10990, in pay band of Rs.5200-20200, on medical decategorisation, in spite of being continuously holding the post of Senior Permanent Way Supervisor,
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