Central Administrative Tribunal Principal Bench, New Delhi Thursday, this the 15th day of January, 2026 Hon’ble Mr. Justice Ranjit More, Chairman Hon’ble Mr. Rajinder Kashyap, Member (A)

Madhup Mohan Srivastava Group A S/o Madan Mohan Srivastava R/o C-175/2, RDSO Colony Manak Nagar, Lucknow Uttar Pradesh – 226011 …Applicant (By Advocate: Mr. Ashim Shridhar with Ms. Radhika and Ms.

Maheen)

Versus

1. Ministry of Railways Union of India Through Secretary Rail Bhavan, Raisina Road New Delhi – 110001

2. Research Designs and Standard Organisation Through Director General Manak Nagar, Lucknow Uttar Pradesh – 226011

3. Department of Personnel & Training Through Secretary Ministry of Personnel & Training; PG and Pensions Union of India North Block, New Delhi – 110001 …Respondents (By Advocate: Mr. Rajeev Kumar)

O R D E R (ORAL)

Per: Justice Ranjit More, Chairman Since the issue involved in the OA is covered by the decision of the Hon’ble Delhi High Court, with the consent of learned counsel for the respective parties, and in view of the fact that pleadings are complete, we have taken up the matter for final hearing.

2. The applicant has approached this Tribunal seeking the following reliefs:

“a. Call for the records connected with the case.

b. Quash the impugned order dated 15.01.2025 issued by the Respondent No.1–2 rejecting the request/representation of the Applicant for according benefit of the protection of the last pay drawn by the Applicant in PSU to IRSSE.

c. Issue necessary time-bound directions to the Respondent No.1 directing the benefit of protection of the last pay drawn by the Applicant from the PSU to IRSSE by reckoning the last pay drawn by the Applicant from NTPC Limited.

d. Direct the Respondents to pay to the Applicant all arrears of basic pay, salary, and any other benefit accruing to the Applicant from the date of his joining IRSSE along with interest @ 18% p.a. from the date on which such payment was due.

e. Direct the Respondents to count the Applicant’s past service rendered in NTPC Limited for the purpose of all service benefits including pension in the Central Government Service.

f. Pass any other order this Honorable Court may deem just and proper in the facts and circumstances of the case.”

3. The brief facts giving rise to the present OA are as follows:

3.1 The applicant initially joined NTPC Limited as an Executive Trainee on 08.08.2005. Thereafter, having cleared the Engineering Services Examination, 2007, he resigned from NTPC Limited in the year 2009 to join the Indian Railway Service of Signal Engineering. After tendering due intimation and making a formal request to the competent authority, he joined the Indian Railway Service of Signal Engineering.

3.2 The applicant sought pay protection and accordingly submitted a representation to the respondents. However, the same was rejected by order dated 15.01.2025, which is impugned in this OA.

3.3 Pay protection has been denied to the applicant on the basis of the DoPT OM dated 10.07.1998, under which the benefit of pay protection is admissible only when the appointment is made through an interview, and no protection of pay is admissible if the appointment is made through an open competitive examination.

3.4 Earlier, the DoPT policy regarding pay fixation was contained in OM dated 07.08.1989 (Annexure A-2). Under this policy, a candidate working in Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous Bodies, who is appointed as a direct recruit through a properly constituted agency, including departmental authorities making recruitment directly, was entitled to have his initial pay fixed at a stage in the scale of pay attached to the post such that the pay and DA admissible in the Government would protect the pay and DA already being drawn in his parent organisation.

3.5 The above policy relating to pay fixation was subsequently substituted by the later DoPT OM dated 10.07.1998. Under this OM, a clarification was issued that the benefit of pay pr