THOMAS C.C. Vs. UNION OF INDIA REP. BY SECRETARY TO MINISTRY OF RAILWAYS, THE GENERAL MANAGER, SOUTH WESTERN RAILWAY AND THE CHIEF PERSONNEL OFFICER, SOUTH WESTERN RAILWAY

JUDGEMENT

(1.) THE order of the Central Administrative Tribunal, dated 30.12.2011 passed in O.A. No. 49/2011, is called in question in this writ petition. The records reveal that the petitioner who was working as Chief Law Assistant in the pay scale of 7450 -11500 in South Railways Zone, a new Railway zone was carved out along with six other Zones. The petitioner was shifted to the new Zone viz., South Western Railway Zone carved out in the year 2003 having head quarters at Hubli. Therefore, the petitioner being the Chief Law Assistant was working in the headquarters of South Western Railway at Hubli from 2003 onwards. Since there was vacancy of Assistant Law Officer available, notification came to be issued by the South Western Railway Zone for filling up of the post of Assistant Law Officer. The petitioner also participated in the selection process and he was selected as Assistant Law Officer (in Group -B post) on 27.12.2005 in the pay scale of Rs. 7500 -12000. He attained the age of superannuation on 30.4.2008. In the meanwhile, the Ministry of Railways (Railway Board) issued a notification on 9.3.2006 for restructuring gazetted cadre of Indian Railways for new Zones and new Divisions, more particularly in respect of the Legal Department. Because of such restructuring of gazetted cadre, the post of Assistant Law Officer held by the petitioner was redesignated as post of Law Officer (Group -B), i.e., cadre having the same pay scale of Rs. 7500 -12000. Thus, the petitioner continued with same pay scale of Rs. 7500 -12000, however with a new designation of Law Officer. According to the petitioner higher responsibility is to be discharged by the Law Officer than the Assistant Law Officer; Since he has discharged the duties as Law Officer from 4.2.2006, the date on which the post of the Assistant Law Officer is redesignated as Law Officer, he should have been given the higher pay scale attached to the Law Officer. It is further case of the petitioner that the Department has entrusted all the works which were required to be done by the Law Officer to the petitioner and therefore he is entitled to the same pay scale as that of the Law Officer, which is being drawn by other Law Officers, who are working in the old Zones/Divisions. Since such request of the petitioner was not acceded to by the Department, he approached the Appellate Authority which also negatived the prayer of the petitioner. Thus, he approached the Central Administrative Tribunal by filing O.A. No. 49/2011, which also came to be dismissed by the impugned order dated 30.12.2011.

(2.) THE petitioner, reiterating the aforementioned contentions, submits that it is not open for the Department to change the designation of the Assistant Law Officer into Law -Officer; since his designation is changed as Law Officer from the Assistant Law Officer and as he was compelled to discharge the work of Law Officer as was being performed by the Law Officers in old Zones/Divisions, he is entitled to the same pay scale as that of the Law Officer. According to him, the Law Officers who discharged similar duties as that of the petitioner in old Zones/Divisions are drawing higher salary than the petitioner and therefore there is violation of principles of equality.

(3.) FOR promotion to the next higher cadre, the petitioner should serve eight years. On the other hand, the petitioner was appointed as Assistant Law Officer on 27.12.2005 and he retired on 30.4.2008. He retired within 2 1/2 years of his appointment as Assistant Law Officer. As aforementioned, eight years' service is must for getting higher promotional post in the Law Department. Therefore, even on that ground, the petitioner is not entitled to higher pay scale. The petitioner relies on Indian Railway Establishment Code, Vol (1) - Chapter - 1 - Item No. 109 to contend that the revised scales of pay admissible to Railway servants in Group -A and Group -B shall be notified by the government with the sanction of the President of India and no alteration in the scale of pay can be made without sanction of the President of India.