Mohan Pyare, Member (A)
1. Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
“8.1 That your lordships may graciously be pleased to quash the order dated 16.5.2011.
8.2 That the respondents be directed to implement Board’s No. PC III/99/CRC/1 dated 13/5/99 (RBE No. 107/1999).
8.3 That the respondents further be directed to grant all consequential benefits including interest on the arrears amount and seniority and
retrospective promotions vis-a-vis juniors in the same manner as indicated in the case of similarly placed officer as referred in Annexure A-
3. Because this is a total lapse on the part of Administration.
8.4 Any other relief or reliefs including cost of the proceeding be allowed in favour of the applicant.â€
2. The brief facts of this case are that the applicant was initially appointed as Traffic Apprentice on 16.08.1978. After completion of three years
training, he was posted as section controller on 01.10.1981 at Moradabad (Northern Railway) and thereafter he came on mutual exchange transfer to
Eastern Railway/ Dhanbad Division on 20.07.1983. While the applicant was working as section controller, he was granted restructuring w.e.f.
01.01.1984 in scale of Rs.700-900/- as Dy. Chief Controller on proforma basis vide Railway Board’s letter No. PC III/80/UPG/19 dated
20.12.1983 by virtue of 4th Pay Commission. The applicant was aggrieved with the fact that the Station Masters, Yard Masters and Traffic
Inspectors appointed through Traffic Apprentice as well as by promotion were granted the restructuring benefit w.e.f. 01.08.1982 due to which the
Station Masters, Yard Masters and Traffic Inspectors who were junior to such controllers like the applicant became senior. Some affected controllers
approached this Tribunal through O.A. 450 of 1990, Shri U.S. Sharma and others vs. Union of India and others, which was decided in their favour and
thereafter the Railway Administration filed an SLP against the said order which was also decided against the Railway And thereafter the Railway
Board issued a circular on 13.05.1999 vide RBE No. 107 of 1999 in light of CAT Allahabad judgment subsequently upheld by the Supreme Court in
which one cut off dte has been fixed for all such said staff of Control Cadre and Traffic Cadre i.e. w.e.f. 01.08.1982 and monetary benefit w.e.f.
01.08.1983. Before the circular dated 13.05.1999, the applicant had already been promoted to the post of Chief Controller in the pay scale of Rs.2375-
3500 (7450-11500). While the applicant was working as Chief Controller, the respondents had implemented the order of Railway Board as contained
in letter dated 13.05.1999 and the Controllers were also given the benefits of seniority and proforma fixation of pay w.e.f. 01.08.1982 and the
difference of pay and monetary benefits w.e.f. 01.08.1983 was calculated and paid but the said benefit was not extended to the applicant. The
applicant represented before the Sr. D.P.O./ Dhanbad East Central Railway on 23.12.2009. Thereafter, the applicant filed an O.A. No.481/2010 at
Patna CAT in which the Tribunal ordered the GM/ E.Rly to pass a reasoned and speaking order within the stipulated time of three months in
compliance of which the respondents passed an order dated 24.12.2010 stating that since the applicant was working in Dhanbad Division at the
relevant point of time which comes under E.C. Rly, necessary orders for revision of pay fixation as per Board’s order have to be issued by GM/
E.C. Rly. for further implementation. The GM/ E. Rly further wrote “As regards revision of seniority in non gazetted cadre, as there has been
bifurcation of Zone and as Dhanbad Division has become part of E.C. Rly, at this distant date revision of seniority is not feasible and the applicant is
already in gazetted cadre†and that the applicant will be only eligible for re-fixation of pay and arrears as per Board’s order and no interest will
be payable.†The applicant moved a representation dated 11.02.2011 to Sr. Divisional Personnel Officer/ Dhanbad, E.C. Railway under RTI Act,
2005 for compliance of General Manager's order dated 24.12.2010. The applicant retired on 31.07.2011 and he has not been granted the said benefit
till date despite moving several representations.
3. We have heard learned counsel appearing for the parties.
4. Submission of the learned counsel for the applicant is that consequent upon the dismissal by the Hon’ble Supreme Court of the SLP filed by the
Railway Administration against the judgement dated 16.01.1997 delivered by the Hon’ble CAT/Allahabad Bench in the above cited matter, it has
been decided that the controllers cadre (Traffic Department) as indicated in para 1 (item 1) of Board’s letter dated 29.12.1983 should be
restructured with reference to the sanctioned strength as on 01.08.1983 on the lines of Traffic Cadre restructured vide Board’s letter dated
29.07.1983. The staff who will be placed in the revised grades will be eligible to draw pay in higher grade from 01.08.1983 with the benefit of
proforma fixation from 01.08.1983. The benefit of proforma fixation will be admissible only to those staffs who are placed in the vacancies arising
directly as a result of these orders. In the above context the applicant states that Board’s letter dated 29.12.1983 and 29.07.1983 are those orders
by virtue of which restructuring of controllers came into force by implementation of Fourth Pay Commission. Accordingly to seniority list the applicant
is at 55 whereas upto Sl.no. 57 will be benefitted by implementation of the Railway Board’s letter dated 29.12.1983. It is argued that the applicant
is eligible to get this benefit because prior to introduction of these two circulars only 20% of the total strength were promoted to the posts of Dy. CHC
and CHC. But by implementation of these circulars/ orders vacancy increased in Dy. CHC and CHC grades by 85%. He argues that Sonepur and
Samastipur Divisions have also become part of East Central Railway but they have implemented the Board’s order dated 13.05.1999. Again
CPO/ HJP states that in terms of office order No ET 1/Arrgt/Dy CHC/DHN dated 27th August 1986 Sri S.L. Pathak (Senior to M.B. Sharma i.e.
Harendra Mishra) and others were promoted to the post of Dy. CHC and were given the benefit of proforma fixation of pay to Sl. No. 1 to 13 from
1.1.1984 and monetary benefit from the date indicated against each name because they were promoted against chain vacancies. In this connection it
is stated as per seniority list of Dy. CHC vide No ET/1/seniority Dhanbad dated 16.6.1988 Forty Section Controllers were promoted to the post of Dy.
CHC from 01.01.1984 in which the applicant is at Sl. No. 28. He argues that the applicant was promoted vice clear vacancy and not vice chain
vacancy and the applicant is unable to understand why he was promoted against chain vacancy and why the railway revenue was lost by promoting
against chain vacancy promotion and that there was no such office order when the applicant was promoted along with four candidates i.e. from Sl. no.
54 to Sl. No. 57 by same office order dated 19.09.1985. Learned counsel for the applicant submits that it has wrongly been deduced by the
respondents that since the applicant is at Sl.55 and is junior to Shri S.L. Pathak who is at Sl.54, he will not get the benefit of Rly Board’s letter
dated 13.05.1999 and states that since the applicant has been promoted against clear vacancy as per the Fourth Pay Commission, he is coming under
the purview of the order as per his seniority position.
5. Submission of learned counsel for the respondents is that it is very clear that the benefit of proforma fixation will be admissible only to those staff
who are placed against the vacancies arising directly on 01.08.1982 and the applicant did not come within the zone of consideration. He states that the
seniority group fo Controllers and Station Manager/Yard Master is being maintained separately wherein benefit of restructuring promotion was
granted with effect from 01.08.1982 to the cadre of Station Master/ Yard Master as well as control group with effect from 01.01.1984 in terms of
RBE No. PC-III/80/UPC/19 dated 20.12.1983 communicated vide CPO/E.Railway/Kolkata’s letter No. E/MC/Review/III/Restructuring dated
02.01.1984. The applicant has stated that his junior working in the cadre of Station Master/ Yard Master group got the said benefit with effect from
01.08.1982 (Proforma) and monetary benefit with effect from 01.08.1983 against the direct vacancy and rest are given monetary benefit with effect
from the date of taking higher responsibility against the chain vacancy. The applicant was not within the one of consideration as he was promoted
against the chain vacancy and not against the restructured vacancy. It is further states that no junior to the applicant has been given the benefit from
01.08.1982 and therefore circular dated 29.12.1983 also does not apply in the applicant’s case. It is argued that the seniority position of Dy. Chief
Controller in 16.06.1988 does not reflect the actual seniority position of its lower grade at the time of restructuring. The applicant’s plea to give
benefit with effect from 01.08.1982 does not depend on it.
6. In his rejoinder, learned counsel for the applicant states that there is no reason why the applicant was given the benefit of restructuring against
chain vacancy while he was getting all the benefits in normal course. As per Board’s circular dated 29.07.1983 chain vacancy is not included in
the circular and the respondents have unnecessarily brought this up. The applicant was elevated as controller on and from 01.10.1981, so he comes
under the sanctioned strength on 01.08.1983 as per seniority list published by the Division. The applicant has been promoted in restructuring against
clear vacancies which increased in higher grade after introduction of Fourth Pay Commission.
7. We have considered the rival submissions of learned counsel appearing for the parties, and gone through the entire documents on record.
8. As per RBE No.107/1999 “...The benefit of proforma fixation will be admissible only to those staffs who are placed in the vacancies
arising directly as a result of these orders. The pay of the staff who had been promoted in the normal course to higher grades during the
period 1.8.1982 to 31.7.1983 will be stepped up under the normal rules with reference to the pay of their juniors, whose pay is fixed under
these orders. It is made clear that the date of entry of the Controllers in the grade will be treated as 1.8.1983 and accordingly, the seniority
will be assigned from 1.8.1983 on the lines of the clarifications issued vide Board’s letter No.PC-III/87/UPG/1 dated 13.07.1987 (RBE
181/1987).â€
9. Apparently the benefit of the aforesaid RBE is to be extended to only to those staff who are placed in the vacancies arising directly as a result of
the said orders. Thus, the RBE suggests the possibility of promotion of officials in chain vacancies. Moreover, as per the seniority list of Section
Controllers in scale of Rs. 470-750/- of Dhanbad Division, seniority position of Shri M.B. Sharma is at Sl. No.55 whereas Shri S.L. Pathak is at Sl.
No.54 and the applicant who came on mutual transfer in place of Shri M.B. Sharma at his seniority i.e. at Sl No.55 is admittedly junior to Shri S.L.
Pathak and no staff after Sl. No. 54 has been extended the benefit of RBE-107/1999. Thus, the applicant cannot claim to be discriminated against his
juniors and there is no supporting material on record to prove that the applicant has not been promoted against the chain vacancy but against regular
vacancy. Since it has been made clear that the benefit of proforma fixation will be admissible only to those staff who are placed in the vacancies
arising directly on 01.08.1982 and since the applicant did not come within the said purview, he has been given restructuring against the chain vacancy
with effect from 01.01.1984. Thus, in the considered opinion of this Tribunal, there is no infirmity in the impugned order passed by the respondents and
the O.A. is not liable to be allowed.
10. Accordingly, the O.A. stands dismissed. All associated M.A.s also stand disposed of. No costs.
