The court ruled that retrospective changes to eligibility criteria for financial upgradation must not infringe upon already accrued rights, emphasizing the necessity of procedural compliance in administrative decisions.

ORDER(Oral)

PER JUSTICE M.G. SEWLIKAR, MEMBER (J):

With the consent of the parties, taken up for final hearing at the stage of Admission.

The applicant has raised challenge to RBE 37 of 2018 and has sought quashing of the Order dated 07.03.2024 issued by the Deputy CPO (Gaztt) N.F. Railway, Maligaon with a direction to the respondents to grant upgradation as per the old scheme.

2. Shorn of the details, factual matrix is that the applicant was screened on 01st Jan, 2018 under the existing policy RBE 62/2008, which had allowed NFU on completion of 03 years of service in Group – B. Accordingly, the applicant was due for upgradation to Grade Pay of Rs. 5400/- (Revised) w.e.f. 13.03.2018. However, RBE No. 37 of 2018 was issued on 08.03.2018 introducing a new policy of 100% NFU on completion of 04 years of service. This policy was applied retrospectively, thereby nullifying the applicant’s selection and debarring him from upgradation. The retrospective application of RBE No. 37/2018 is arbitrary, unjust. The applicant was legitimately screened and found eligible under the prevailing rules at that time. The sudden and retroactive change of policy has caused undue hardship and financial loss to the applicant.

3. The applicant has further alleged that the Officers who completed 03 years before 08th March, 2018 were granted NFU under old policy of RBE 62 of 2008 but the applicant has been unjustly debarred. The applicant made several representations to seek justice but no relief was granted and therefore, the applicant has filed this OA seeking the following reliefs:

“8.1 Quash and set aside the impugned order dated 07.03.2024, issued by Dy. CPO (Gaz.), N.F. Railway, Maligaon.

8.2 Quash or suitably modify RBE 37/2018, to the extent that it applies retrospectively to debar candidates already screened under RBE 62/2008.

8.3 Direct the respondents to grant upgradation to PB-3 GP-5400/- w.e.f. 13.03.2018, as per the previous policy RBE 62/2008.

8.4 Grant all consequential benefits, including arrears, seniority, and allowances, with applicable interest.

8.5 Pass any other appropriate order that this Hon’ble Tribunal deems just and proper in the facts and circumstances of the case.”

4. According to the applicant, he had made representation on 14th Nov 2023 which was rejected on 07th March 2024 and he filed this OA on 03rd April 2024. Therefore, it is barred by some days. He has therefore, filed application for condonation of delay.

5. Respondents filed their written statement. They contend that the applicant is challenging Railway Board’s Letter dated 08th March 2018 (Annexure-R/1) in the year 2025 which means that there is a delay of 07 years and not some days as contended by the applicant. In terms of Section 21 of the Administrative Tribunal’s Act, 1985 , Original Application has to be filed within 01 year from the date of cause of action. The cause of action in the case at hand had arisen on 08th March 2018 i.e. the date on which the policy was promulgated. The applicant filed this application in the year 2025 which means it is barred by limitation by 06 years.

6. Respondents further contend that the claim of the applicant for NFU could have ripened only on 12th March 2018. His case could not be considered under the old policy as New Policy was introduced w.e.f. 08th March, 2008, therefore, he was governed by new policy. He cannot claim to be governed by the old policy. They contend that RBE 37 of 2018 dated 08th March 2018 states that any consideration of the existing condition regarding grant of Level- 10 to 80%