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2024 Supreme(Online)(CAT) 9746
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajiv Joshi, J, Mohan Pyare, A
Ram Kishan – Appellant
Versus
Union of India – Respondent
Original Application No.1539 of 2014
For the Appellants/Petitioners: Ravi Sharma
For the Respondents: Ajay Kumar Rai
Pay protection mandatory for medically decategorised railway employees in alternative posts; pay fixation disputes constitute continuing wrong exempt from limitation.
Headnote:The applicant, a railway employee promoted to Keyman, suffered an injury on duty leading to medical decategorization and posting to a lower grade Gangman post. Relevant provisions from Indian Railway Establishment Manual (IREM) Vol-I, Chapter XIII, para 1313(2) and para 1308, mandate pay protection at the pre-decategorization level on absorption in alternative post, with personal pay if exceeding the grade maximum. The Tribunal found the lower pay fixation violated these rules and the injury period constituted 'Hurt on Duty' (HOD), not leave. Key issues framed include whether the Original Application is barred by limitation and if pay protection applies post-decategorization. Ratio decidendi relies on Supreme Court precedents like Union of India v. Tarsem Singh (2008) 8 SCC 648, holding pay fixation disputes as continuing wrongs with recurring cause of action, exempt from strict limitation where no third-party rights affected. Distinguished respondent-cited cases as inapplicable to recurring financial loss. Original Application allowed; respondents directed to refix pay in protected grade w.e.f. 25.02.1997, treat injury period as HOD, grant consequential benefits with arrears limited to three years prior to filing at 7.5% interest.
| Table of Content |
|---|
| 1. employee's service history and injury leading to decategorization. (Para 2) |
| 2. claim for pay protection and hod treatment per irem. (Para 3 , 4) |
| 3. limitation dispute; continuing wrong via precedents. (Para 5 , 6) |
| 4. recurring cause rejects limitation; irem mandates protection. (Para 7 , 8 , 9 , 10) |
| 5. pay refixation ordered with limited arrears. (Para 11 , 12) |
ORDER
By Hon’ble Mr. Mohan Pyare, Member (A)
Present Original Application has been filed by the applicant seeking the following reliefs:-
“8.1 That the Hon’ble Tribunal may graciously be pleased to direct the Divisional Railway Manager, North Central Railway, Allahabad, Respondent No.3, for fixation of pay of the applicant correctly in Grade Rs.825-1200/2750-4400 instead of 800-1150/2650-4000 on his posting as Gangman in alternative post w.e.f. 25.2.1997 and also to make payment of arrear on this account upto the date of retirement on 31.3.2002.
8.2 That the Hon’ble Tribunal may graciously be pleased to direct the Divisional Railway Manager, NCR, Allahabad, Respondent No.3, to charge one increment in the pay of applicant which was due to him on 1.3.2002 while working out last pay drawn on 31.3.2002 in grade of Rs. 2750-4400 and may graciously be pleased to direct the DRM, NCR, Allahabad to revise and make payment of retiral dues and pensionary benefits accordingly i.e. Gratuity, Leave Encashment, Commutation of Pension and Group Insurance etc. after his retirement from Railway Service on 31.3.2002 with arrears of pay and settlement due to the applicant.
8.3 That the Hon’ble Tribunal may graciously be pleased to direct the Divisional Railway Manager, NCR, Allahabad, to make payment of interest @ 12% per annum from the date the amount is due to the date it is actually paid to the applicant.
8.4 That the Hon’ble Tribunal may graciously be pleased to allow heavy cost in favour of the applicant.
8.5 That the Hon’ble Tribunal may graciously be pleased to pass any other order or direction as may deem fit and proper in the facts and circumstances of the case.”
2. Brief facts of the case as narrated in the O.A. are that the applicant was appointed to the post of Gangman on 18.02.1974 on regular basis, promoted as Keyman in Grade Rs. 825-1200 w.e.f. 2.4.1996, vide letter dated 26.03.1996 and his pay was fixed to Rs. 1140/- in this grade w.e.f. 01.03.1996, subsequently, he met with an accident while on duty on 22.05.1996 injuring his right leg, and remained under medical treatment for eight months from 22.05.1996 to 30.01.1997. The applicant was declared fit for duty by Railway doctors on 30.01.1997 and after the screening, the applicant was found suitable for the post of Gangman in Grade Rs.800-1150 vide letter dated 24.02.1997 pursuant to which he was posted under the Section Engineer, P. Way, Northern Railway, Phaphund on an alternative post of Gangman Grade pay Rs.800-1150 to work as hooterman. The applicant retired on 31.03.2002. Aggrieved with being paid a lower Grade Pay than what he got before being medically decategorised, one annual increment not having been charged while working out the last pay drawn and the period of treatment of eight months from 22.05.1996 to 30.01.1997 not being treated as on duty but as leave for the purpose of leave encashment, the applicant made repeated requests but no action was taken. He sought information from Public Information Officer, North Central Railway, DRM Office, Allahabad vide his letter dated 31.05.2013 and in absence of any reply, he referred the matter to the Appellate Authority vide letter dated 09.12.2013, and thereafter, a complete Service Record was supplied to him by the Public Information Officer. Thereafter, the applicant made several representations dated 05.10.2012, 26.08.2013 and 28.08.2012 but no action was taken on the same.
3. Contention of the applicant is that vide order dated 25.02.1997, the applicant was posted in lower grade of Rs. 800-1150 as Gangman instead of in Grade Rs.825-1200/- i.e. the grade on whi
