The court upheld that employees' seniority and lien must align with Railway Board policies, ensuring fair treatment without discrimination under the law.

ORDER

SUDHI RANJAN MISHRA, MEMBER (J):

The case of applicant in brief is that, the applicant was initially appointed as Khalasi (Group ‘D’) w.e.f. 20.02.1980 under the Inspector of Works, SE. Rly at Koraput and was granted temporary status w.e.f. 01.01.1984 as per the establishment Serial No.107/1984. In the mean while the applicant was regularized in PCR Group 'D' post of Khalasi w.e.f. 01.04.1988, as per policy decision keeping in view the Railway Board from time to time. While he was working as such, he got promotion as Hammer Man Grade-III in the pay scale of Rs.950-1500/- on adhoc basis w.e.f. 20.01.1992, after successfully passing required tests.

2. It is the submitted by the learned counsel for the applicant that in the year 1993 the Koraput unit was merged with Rayagada Unit and the applicant has joined to work as a Hammer Man Grade-III on 21.05.1994 under Chief Project Manager/S.E.Rly/Keonjhar and thereafter by virtue of an office order dt.06.07.1997, while working under the Deputy Chief Engineer, Construction, Jajpur-Keonjhar Road, he was further promoted as Hammer Man Grade-II in the scale of pay of Rs 1200-1800/-, on adhoc basis with effect from 16.07.1997 after duly passing the required tests. It is submitted that as per Policy decision, applicant was reverted from the post of Hammer Man Grade-II to the post of Hammer Man Grade-III w.e.f. 01.12.2001. The applicant challenged the said order of reversion before this Tribunal in O.A. No 321/2007. This Tribunal vide order dated 21.04.2009 quashed the above reversion order passed by the respondents and restored back the applicant from the post of Hammer Man Grade-III to the post of Hammer man Grade-II. Thereafter, Railway Administration filed Writ Application in W.P. (C) No.13403/2009, which was also dismissed by the Hon'ble High Court vide order dt.05.12.2009, restoring the applicant to his original post of Hammer Man Grade-II, from the date of reversion. In spite of the same, applicants substantive designation was shown as Khalasi at Sl. No. 48.

3. It is the case of the applicant is that since the authorities have not taken any action and, having no other alternative some of the employees similarly placed like the applicant had earlier approached this Tribunal in Ο.Α. Νο.260/00600/2015 with a prayer to direct the Respondents to fix the lien of applicant in appropriate category and seniority position by interpolating in appropriate place w.e.f. 20.06.2002 as contemplated in RBE No.61/2002 dt.20.06.2002 (Annexure-A/1) taking into consideration their service particulars as furnished by CAO(C) BBSR vide his letter dt. 09/10.05.2012 (Annexure-A/2). This Tribunal vide order dt.23.09.2015 disposed of the said Original Application with direction to the DRM(P), to consider and dispose of representation and pass reasoned and speaking order within a period of two months as per the rules and regulations in force.

4. It is contended by the applicant that in compliance to the order of this Tribunal dated 23.09.2015 the DRM(P) , Khurda Road passed the following reasoned and speaking order dated 08.12.2015 (Annexure-A/6):-

1). In obedience to the Hon'ble C.A.T, Cuttack's aforesaid order, your representation dt. 00.9.2015 without signature received on 05.10.2015 has been examined by the undersigned basing on the relevant file of papers and rule position and after such examination, it is to inform that:-

2). The applicant's representation dt. 00.9.2015 without signature received on 05.10.2015 wherein the applicant has stated to fix his lien and interpolation of his seniority alongwith open line