CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH, CUTTACK CORAM:

Reserved on 21.11.2025 Pronounced on 26.1 1.2025 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)

Sisir Padhi, aged about 49 years, Son of Late S.N.Padhi, at present working as Chief Controller in the office of Senior Divisional Operations Manager, E.Co.Rly., Khurda Road Division, resident of Madhusudan Nagar, Near Sidheswar Temple, P.O.- Jatni, Dist. Khurda-

752050, Odisha.

……Applicant VERSUS

1. Union of India, represented through the General Manager, East Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar, Dist.-Khurda-

751017.

2. Senior Divisional Personnel Officer, East Coast Railway, Khurda Road Division, At/P.O.- Jatni, Dist.- Khurda-

752050.

3. Senior Divisional Financial Manager, East Coast Railway, Khurda Road Division, At/P.O.- Jatni, Dist.-

Khurda-752050.

4. Senior Divisional Operations Manager, East Coast Railway, Khurda Road Division, At/P.O.- Jatni, Dist.-

Khurda-752050.

5. Secretary, Ministry of Personnel, Public Grievance &

Pension (Department of Personnel Training), North Block, New Delhi-110001.

6. Secretary, Railway Board, Rail Bhawan, New Delhi-

110001.

……Respondents For the applicant : Mr. N.R.Routray, Counsel For the respondents : Mr. B.K.Pardhi, Counsel O R D E R PRAMOD KUMAR DAS, MEMBER (A):

The facts of the matter in nutshell are that on 05.10.1993 the applicant was appointed as Assistant Station Master (ASM) in Bilaspur Division of S.E.Railway in scale of Rs. 1200-2040/- (4th PC); promoted to Station Master w.e.f 26.10.1997 in scale of Rs. 5,000-8,000/- (5th PC); he was selected to the post of Section Controller w.e.f. 22.12.2004 in scale of Rs. 5,500-9,000/- (5th PC); and promoted to the post of Chief Controller w.e.f

23.12.2006 in Pay Band-II with Grade Pay Rs. 4,600/-.

2. While continuing as Chief Controller in Raipur Division, on own request, he was transferred to Khurda Road Division in lower post of Section Controller and, he reported to duty in KUR Divn. on 02.08.2012. At the time of his joining in KUR Divn. as Section Controller, he was drawing the Basic Pay of Rs. 21,280/- (Rs. 16,680/- + GP Rs. 4,600/-) in the grade of Chief Controller in Raipur Divn. As per the extant rules, his pay was protected in the lower grade.

nd

3. He was granted 2 financial upgradation under MACP to GP Rs. 4600/- w.e.f 29.01.2014 vide Office Order dated 18.11.2015 with mention that "The staff who were came on IRT/IDT transfer on reversion from other Railway/Division to this Railway/Division, no Pay fixation would be available and difference of Grade Pay would be made available from reporting to this Division".

4. According to the respondents, as per the rules, no fixation benefit should have been allowed at the time of fixation of pay under the MACP Scheme. But erroneously, his pay has been fixed as Rs. 23,230/- instead of Rs. 22,560/-. Accordingly, the applicant's pay has been fixed at Rs. 62,200/- instead of Rs. 60,400/- on 01.01.2016 under 7th CPC in Level-7 and with the same error, his pay has been fixed as Rs. 64,100/- instead of Rs. 62,200/- on 01.07.2016. The inadvertent mistake having come to the notice, was rectified vide order dated 15.05.2017 by refixing his pay at Rs. 62,200/- w.e.f. 01.7.2016.

5. Applicant submitted representation against such refixation on 15.03.2018 to the Senior Divisional Personnel Officer, KUR which was duly considered but the same was rejected and the reason of rejection was also duly communicated to the applicant in letter dated 20.06.2018.

6. Being aggrieved, applicant has filed this OA praying to quash the stipulation made in Note No.6 of order dated 18.11.2015 that "The staff who were came on IRT/IDT transfer on reversion from other Railway/Division to this Railway/Division, no Pay fixation would be available and difference of Grade Pay would be made available from reporting to this Division", the order of rejection of his representation dated 20.06.2018 and to direct the respondents to gr