Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 13818

CENTRAL ADMINISTRATIVE TRIBUNAL
Dr. Lata Baswaraj Patne, J, Mr. Varun Sindhu Kul Kaumudi, ACJ
R. Omprakash, P. Vijayaram, N. Sambasiva Rao, M. Amarendra Chari, B. V. U. Bhaskar, T. Madhusudhana Rao, M Bhanu Krishna rao, S.S.S. R. Raju, J.L. Narayana, T. Subrahmanyam – Appellant
Versus
Union of India – Respondent
O.A./355/2021

Advocates:
For the Appellants/Petitioners: Mr. G Trinadha Rao
For the Respondents: Mrs. K Rajitha, Sr. PC for CG

The tribunal upheld the regulatory pay fixation for promoted Loco pilots and directed the Railway Board to resolve pending pay benefit issues.

Headnote:This judgment pertains to an Original Application concerning pay fixation under the Railway services. The applicants, promoted Loco pilots, sought revision of pay based on RBE No. 109/2008. The Tribunal found the applicants were already accorded the minimum pay and upheld the earlier decisions regarding pay fixation. The core issues revolve around entitlement to minimum pay and application of statutory rules. The court directed the Railway Board to decide pending matters expediently.

Table of Content
1. application for pay revision based on promotion. (Para 1 , 2)
2. clarification of statutory rules on pay fixation. (Para 3 , 4)
3. tribunal's direction for railway board's decision. (Para 5 , 6 , 8)
4. final disposal of the original application. (Para 7 , 9 , 10)

ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicants are seeking the following relief:

“This Hon'ble Tribunal may be pleased to call for the records leading to and connected with the pay fixation of the applicants in the Railway services (Revised Pay) Rules on their promotion in the cadre of Loco pilot (Goods), declare the action of the respondents in not revising the pay of the applicants to the minimum entry level pay of Rs. 14790/- in the post of the Goods Loco Pilot as per FTR 5 of RBE 109/2008 as per VI CPC in the pay scale of Rs.9300-34800 + 4200 as illegal, arbitrary, contrary to Article 14 and 16 of the Constitution of India and against the Rules and set aside the proceedings SCR/P- GNT/359/M7/Cadre/Grievances dated 28.08.2018. Consequently, direct the respondents to revise pay fixation of the applicants one in proceeding No GNT/p.535/III/RG/GDR/Adhoc in Office order 254/2009 dated 15.10.2009 and SCR/P- GNT/235(a)Cadre/LR6/LP(Goods) Memorandum dated 16.12.2011 at 14790/- on their promotion as Loco Pilot (Goods) with all consequential benefits including the payment of arrears with interest @ 18% per annum and to pass such other and further orders as the Hon'ble Tribunal may deem fit and proper in the circumstance of the case.”

2. The Brief facts of the case are that the applicants joined as Asst. Loco Pilots prior to 01.01.2006, and they were promoted as Loco Pilot (Goods) after 01.01.2006 in the PB-2 Rs.9300-34800/- with GP Rs.4200/-, which is equivalent to the pre-revised scale of Rs.5000-150-8000 (V CPC). They were subsequently promoted as Loco Pilot (Passenger) in which they are presently working. The 1st respondent-Ministry issued clarifications and other Zonal Railways granted benefit of pay fixation of running cadre employees by following the instructions and the FTR tables enclosed to RBE No. 109 of 2008 vis-à-vis the Railway Servants (Revised Pay) Rules, 2008. The applicants submit that as per RBE NO.109/2008 (FTR-5), which is applicable to the running cadre, the minimum entry pay in the revised pay structure in the PB-2 with GP Rs.4200/- is fixed at Rs.14,790/-, for which they are entitled. This position was also clarified by the O.M. dated 28.09.2018 of the DOE, which provides that the pay of the Central Government employee after fixation under Rule 13 of CCS (RP) Rules, 2008, shall not be less than the entry pay. The said guidelines have been adopted by the Railways vide RBE No.158/2018 dated 12.10.2018. Accordingly, the applicant’s pay has to be fixed at Rs.14,790/- from the date of their promotion as Loco Pilot (Goods) i.e. Rs.10590 + GP Rs.4200/-. The Applicants filed the present O.As seeking revision of earlier fixations as the representations were rejected and the impugned decision is resulting in drawing less pay than their entitlement causing loss in each month’s salary. Hence, this O.A.

3. After notice the respondents have appeared through their counsel, filed a detailed reply and opposed the relief. The respondents also filed the documents on record and submitted that the applicants were appointed in the Running Cadre as Assistant Loco Pilot in scale of Rs.3050-4590 (RS(RP) (V PC) prior to implementation of VI PC w.e.f. 01.01.2006 and subsequently progressed up to the grade of Loco Pilot (Pass). The applicants were promoted to the post of Loco Pilot (Goods) in pay band -2 of Rs.9300-34800 + grade pay of Rs.4200 while working in the post of Loco Pilot (Shunting) Gr. II/Sr. Assistant Loco Pilot in Pay Band -1 Rs.5200-20200 + Grade Pay of Rs.2400. While working in the post of Loco Pilot (Shunting) Gr. II/Sr. Assistant Loco Pilot, the applicants were drawing pay less than Rs.1350

Click Here to Read the rest of this document