O R D E R.

Per: Mr. Anindo Majumdar, Administrative Member.

1. The applicant, Shri K. Ramesh was appointed in Railway service on 13/2/1990 as a temporary Khalasi, (Group-D) in the scale of pay of Rs. 750- 940/.Thereafter, he was promoted as Skilled Grade-III in the scale pay of Rs. 950-1500/- w.e.f, 28/7/1990. He was further promoted as Highly skilled Grade II w.e.f. 20/7/1995 in the scale of Rs. 4000-6000/-.

2. The applicant was medically decategorized on 12/8/2000 and was thereafter posted as Junior Time Keeper, Grade-IV in the pay scale of Rs. 3050-4590/- and joined the said post w.e.f, 13/8/2000 in the aforesaid scale with normal pay protection.

3. The applicant submitted a representation dated 11/4/2015 to the competent authority praying for grant of first financial upgradation under the ACP scheme in the scale of Rs. 4500-7000/- with Grade Pay of Rs. 4200/- w.e.f, 12/8/2000. However, in the meantime, the applicant had filed an O.A./350/743/2015 before this Tribunal, which was disposed of by this Tribunal vide order dated 10/6/2015 with directions upon the competent authority to examine the matter and take a decision on the same.

4. In pursuance to the aforesaid directions of this Tribunal, the Workshop Personnel Officer, vide order dated 29/12/2015 rejected the prayer of the applicant as made by him in his representation dated 11/4/2015. Aggrieved by the rejection of his representation, the applicant has filed this original application seeking following relief(s):-

a) Speaking order dated

29/12/2015 issued by the W.P.O S“(outh Eastern Railway cannot be sustained in the eye of law and same may be quashed.

(b) An order do issue directing the respondents to fix the pay of the applicant in the scale of pay of Rs.

4500- 7000/- with effect from

12/8/2000 and to grant the benefit of Grade Pay of Rs. 4200/- dated

12/8/2010 and to grant all consequential benefits”.

5. We have heard the Learned Counsel for both sides and have perused the material on record.

6. At hearing, Learned Counsel for the applicant submitted that in terms of RBE/74/1999, if an employee is medically decategorized in the post that he was holding, he cannot be reduced in rank and that he should be placed in a post carrying the same pay scale as the post he held on the date of his medical decategorization. He further submitted that on the date of his medically decategorization i.e, on 12/8/2000, the applicant was holding a post in the pay scale of Rs. 4000-6000/- and that after being declared as medical decategorized, he was placed in the lower pay scale of Rs. 3050-

4590/- with protection of his basic pay.

7. Learned Counsel for the applicant further submitted that a medically decategorized RPF constable was granted first financial upgradation under the ACP scheme in the pay scale of Rs. 4500-7000/- and that the applicant too ought to have been granted such benefits.

8. At hearing, Learned Counsel for the respondents submitted that after his medical decategorization, the applicant, with the approval of the competent authority, was appointed as a Junior Time Keeper w.e.f, 13/8/2000 in the pay scale of Rs. 3500-4590/- with protection of his basic pay. He further submitted that the applicant had accepted the post of Junior Time Keeper in a pay scale of Rs. 3500-4500/- had not claimed a higher scale pay at the material point of time. He, therefore, submitted that the applicant cannot at this belated stage claim to be placed in a post carrying a higher scale of pay.

9. Learned Counsel for the respondents further submitted that after joining as Junior Time Keeper, the applicant was promoted as Senior Time Keeper in the pay scale of Rs. 4500-7000/- w.e.f, 7/8/2003.

10. Learned Counsel for the respondents further submitted that medically decategorized RPF personne letter dated 6/7/2015 regarding grant ol f aArCe Pg obvenerenfietds abnyd Rthaailtw tahye sBaomared i’ss not applicable to the applicant.

11. Learned Counsel for the respondents submitted that the applicant is not eligible for