Employees are entitled to pay protection on transfer even if the probation period is not completed, and pay reductions without notice violate natural justice.

ORDER

Per Ms. Urmita Datta (Sen), Judicial Member:

The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985 praying for the following reliefs:-

“i) ) Office Order being No. EAC (2)/Comml.Clerk/Line/Retd.&Death dated 12.05.2021 issued on behalf of respondent No. 4 is not tenable in the eye of law and the same may be quashed.

ii) An Order do issue directing the respondents to withdraw, rescind, recall uncommunicated decision taken by them towards the reduction of pay of the applicant and thereby granting the protection of pay which he used to get/draw in before joining the Eastern Railway Authority in 2017 and thereby restoration of such pay protection including the grade pay of Rs. 4,200/- at that time along with grant of all consequential benefits in favour of the applicant at an earliest;

iii) An order do issue directing the respondents not to recover any amount from the monthly salaries of the petitioner towards the claim of over payment of pay and thereby refund back all the amount that had already been recovered from the monthly salaries of the applicant with effect from June, 2020 till date along with grant of all consequential benefits, arrears and interest accrued thereon at an earliest:

(iv) And to pass such other or further order or orders and/or direction or directions as to this Hon'ble Tribunal may deem fit and proper.

(v) Pass such further or other order or orders.”

2. The applicant is at present working as Chief Commercial Clerk under Howrah Division of Eastern Railway. Initially, the applicant joined the Indian Railways as Commercial Clerk at South Eastern Railway / Bilaspur Division on 14.06.2010 with a Grade Pay of Rs. 2000/-. Subsequently, he was promoted to the post of Sr. Commercial Clerk with Grade Pay of Rs. 2800/- and further to the post of Chief Commercial Clerk with Grade Pay of Rs. 4200/- w.e.f. 26.02.2017. While he was posted at Bilaspur, he made a representation before the authorities of South East Central Railway for his Inter Railway transfer from Bilaspur Division of S.E.C. Railway to Howrah Division of Eastern Railway, which was accordingly considered by the authorities and he was released from service of S.E.C. Railway w.e.f. 10.03.2017 for joining at Howrah Division of Eastern Railway. On the very next day, he joined Howrah Division as Assistant Booking Clerk only with the condition of bottom seniority but was given Pay protection and he used to draw his salary accordingly. Later on, he was promoted to the post of Sr. Commercial Clerk w.e.f. 2019. While working as Sr. Commercial Clerk, he was astonished to find that his pay has been reduced from Rs. 40,400/0 to Rs. 31,900/- by way of fixation of his pay but he was not intimated about the reason for such reduction of pay. On further query, he was intimated that pursuant to one Circular, which was issued in the year 2019, his pay was refixed. The applicant made representation dated 13.02.2020 before the authorities for restoration of his pay with grant of all consequential benefits but to no avail and followed thereafter from the month of June, 2020, the respondents illegally started deduction/recovery to the tune of Rs. 13,035/- from his monthly salary. The applicant claims that he has not been served with any notice before reduction of his pay and there was no misrepresentation on his part in getting his pay fixed, hence, the authorities are debarred from recovering any amount from his monthly salary taking recourse to over payment by such alleged wrong fixation. In support of h