Original Application No. 1488 of 2005. Case: 1. Chhotey Lal S/o Ram Sewak, 2. Ram Ashray S/o Sattidin, 3. Daya Ram S/o Ram Dulare, 4. Ram Chandra S/o Brahmadin Vs 1. Union of India, Through General Manager, North Central Railway, Allahabad, 2. Divisional Railway Manager, North Central Railway, Allahabad, 3. Asstt. Engineer, Works (I) North Central Railway, Kanpur. Central Administrative Tribunal
| Case Number | Original Application No. 1488 of 2005 |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & S. N. Shukla (Accountant Member) |
| Issue | Service Law |
| Judgement Date | May 19, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member)
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What should be the date of revised pay scale of Valveman is the question involved in this case. While the respondents have stated that the revised pay scale of Rs 3050-4590 shall be only w.e.f. 01-10-2003, the applicants claim the same from the date of their initial appointment and have also claimed arrears of pay and allowances. They have also sought for quashing of the order dated 23-03-2005 whereby their claim had been rejected by the respondents.
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The case has a chequered history. In the Railways, the post of Valveman termed as 'semi skilled' earlier had the pay scale of Rs 210 - 290 (which was the pay scale attached to such semi skilled posts) and which was replaced by corresponding replacement scale of pay of Rs 800 - 1150 and later on revised at Rs. 2550 -3200. Vide the Railway Board orders dated 13-11-1982, 02-12-1982 and 15-12-1982, the post of Valveman was upgraded from 'semi skilled' to one of 'skilled', which, as a logical corollary entailed an upward revision of pay scale also prescribed for such skilled post, from erstwhile Rs 210 - 290 to Rs 260 - 400 with corresponding replacement scale of Rs 950 - 1500 and Rs 3050 - 4590 respectively. This is the admitted position.
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However, in so far as the Allahabad Division was concerned, the above order of the Railway Board was not pressed into service and Valveman inducted into the service had all been continued with the pay scale as of semi skilled one i.e. Rs 210 - 290 and corresponding replacement scales. One such unit where higher pay scale for Valveman had been granted is the D.L.W. Varanasi.
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The applicants, on having come to know that in the other Divisions/units, the pay scale of Valveman is higher than that in their Division, made representations to the authorities but as there was no joy, some of the Valvemen filed OA No. 1112 of 1990 claiming parity in pay scale as that of Valveman in D.L.W. Varanasi. This OA was disposed of with a direction to the respondents to consider the case of the applicants for being brought on the scale of Rs 260 - 400 when it came to be prescribed for Valveman from the date any person similar circumstance appointed as Valveman subsequently was allowed the scale. Order dated 03-04-2000 at Annexure A-5 refers.
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The applicants herein, who were appointed as Valveman in early eighties, in the scale of Rs 210 - 290/- had, on the same lines as in the aforesaid OA No. 1112/1990, moved the Tribunal in OA No. 1097 of 2001, claiming the same relief. Accordingly, this Tribunal, after considering the stand of both the sides disposed of the said OA by order dated 11-09-2003, giving liberty to the applicants to move a fresh representation and directing the respondents to decide the same in the light of the earlier judgment of the Tribunal. Annexure A-6 refers.
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The respondents, vide order dated 20-05-2004 did approve the higher pay scale, but not w.e.f. 1982 as in the case of the other units but from 01-10-2003.
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Thus, the claim of the applicants that remained still was about higher pay scale from the date of their initial appointment and accordingly they had moved a representation dated 09-09-2004 stating that non extension of the orders of the Railway Board to the Allahabad Division is a clear discrimination. However, as there was no response to the same, the applicant moved the Tribunal by way of Contempt petition no. 57 of 2004, which came to be disposed of on 12-01-2005 after a suggestion from the counsel for the respondents came that the respondents shall reconsider the issue and pass a speaking order. And, liberty has been granted to revive the contempt application in case the grievance continued even after such detailed order when passed.
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In pursuance of the order of the Tribunal, the respondents have issued the impugned order dated 23-03-2005, rejecting the claim of the applicants for grant of higher pay scale from the date of their initial appointment and giving the following reasons:-
(i) The scale of Valvemen i.e. Rs 3050 - 4590 in skilled category was not available in Allahabad Division to any of the staff deployed for the above work. However, after the direction of the Hon'ble Court, 80 posts of the Valvemen have been declared as skilled category and given the above scale of Rs 3050-4590 w.e.f. 01-10-2003. This benefit has been given to all the 80 Valvemen with the same date including the five...
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