IMPORTANT POINT
When the feeder posts of two employees were different the applicability of the principle of stepping up cannot apply.

JUDGMENT

Civil Appeal No.8852/96 with C.A. Nos. ............/97 (arising out of SLP (C) CC No. 1601/96 and SLP (C) No. 24606/96)

Kirpal, J.-Leave granted.

2. The issue which arises in these appeals from the orders of the Central Administrative Tribunal, Jabalpur, relates to the stepping up of the pay of the respondents who were promoted as Loco Running Supervisor prior to 1st January, 1986 vis-a-vis the pay of one Sh. P.N. Kareer who was promoted to that post after 1st January, 1986 but was drawing higher pay than the respondents.

3. As the question of facts and law in these appeals are the same, therefore, we propose to dispose of these appeals by a common judgment.

4. In the Railway Administration there is a category of staff called the running staff which is involved in the running of trains. It includes drivers, guards, firemen, shunters and brakesmen. The running staff are entitled to an allowance called the running allowance in view of the nature of their duties pertaining to the running of trains. The pay scales of the running staff are considered to be incommensurable with the ordeal of their duty and, therefore, to balance that element the running allowance is given to encourage greater efficiency in the running staff.

5. The locomotive drivers are eligible for promotion, amongst other posts, to those of Loco Supervisors. The aforesaid Sh. Kareer and the respondents, at one time, were holding the running post of Driver Grade-C Sh. Kareer had been promoted as Driver Grade-C on 29th August, 1961 and was placed in the grade of Rs. 150 - 240 and the respondents had been promoted and appointed as Drivers Grade-C from a date subsequent to 29th August, 1961. In other words, Sh. Kareer was senior to the respondents as Driver Grade-C.

6. The respondents then opted to be promoted to the stationary post of Loco Supervisor directly from the post of Driver Grade-C which they were holding. Their promotion was made prior to 1st January, 1986 and they were placed in the grade of Rs. 550-750.

7. Sh. Kareer chose to remain in the running staff. On 1st January, 1981 he was promoted as Driver Grade-B in the scale of Rs. 425-640 and his pay was fixed at Rs. 580/-. Thereafter on 28th November, 1984 Sh. Kareer was promoted as Driver Grade-A in the scale of Rs. 550-700. With effect from 1st January, 1986 revised pay scales came into existence as a result of the fourth pay commission report. At that time the respondents were working on the stationary post of Loco Supervisors while Sh. Kareer was working on the running post of Driver Grade-A.

8. The pay of running staff on promotion to Loco Supervisor s post is fixed under Rule 1316 of Indian Railway Establishment Code after fixation of an additional component of thirty per cent of basic pay last drawn in the running cadre, which represents the pay element in the running allowance. On introduction of the revised pay scales with effect from 1st January, 1986 this thirty per cent addition in the pay element of the running allowance increased which resulted in higher fixation of pay of running staff appointed as Loco Supervisor after 1st January, 1986 than those appointed as Loco Supervisors before 1st January, 1986. Therefore, when Sh. Kareer was appointed as a Loco Supervisor, his pay as Loco Supervisor was fixed after taking into account the aforesaid thirty per cent addition which resulted in his getting higher pay than the respondents. It appears that in the pay of respondent-O.P. Saxena was stepped up but when the department discovered that the benefit had been wrongly given to him his pay was re-fixed and recoveries were made of the excess amount paid to him. Sh. O.P. Saxena challenged the aforesaid decision by filing O.A. No.462 of 1994 before the Central Administrative Tribunal, Jabalpur. O.A. Nos. 191/94 and 768/93 were filed by the other respondents seeking the benefit of stepping up.

9. The Tribunal first decided the case of Sh. O.P. Saxena and came to the conclusion that stepping up of the p