U O I Vs. PUSHPA DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved of the order passed by the Principal Bench, Central Administrative Tribunal (hereinafter referred to as the Tribunal) in OA No. 2074/2008 on 17.08.2009, whereby directions have been given to the petitioners to place the respondent in the pay scale of Rs. 4500-7000 from the date of inception of her service as a Junior Clerk with arrears and re-consider her out of turn promotion to a pay scale higher than the scale now being granted to her, with arrears, within a period of three months from the date of receipt of a copy of the order.

(2.) Briefly stating the facts giving rise to the filing of this case are that the respondent, a graduate of Delhi University as well as an athlete of International level who was recruited in Central Industrial Security Force (CISF) as Head Constable in the pay scale of Rs. 3200-4900 and on the basis of the sports achievements, was also promoted as Assistant Sub Inspector in the pay scale of Rs. 4000-6000. Pursuant to a notification issued by the Railway Board for recruitment in Group 'C' for the year 2000-2001 in sports quota, whereby the pay scale for graduate was prescribed as Rs. 4500-7000, she applied for the post of Junior Clerk, however despite her selection she was appointed as a Senior Clerk but in the pay scale of 3050-4500. At this juncture, it would be relevant to take note of the notification issued by the respondents/Railway Board for recruitment of Group 'C' post in sports criteria.

(3.) A bare reading of the aforesaid criteria goes to show that if a person was graduate and was found to be successful in sports performance has to be put up in the pay scale of Rs. 4500-7000 but for a matric post up to less than graduate, pay scale prescribed was Rs. 3050-4500. However, despite that the petitioner was appointed in the pay scale of Rs. 3050-4500 by the Railway Board despite she being an athlete of National level and was not appointed in the pay scale of Rs. 4500-7000, which was the pay scale admissible to a graduate.