RAJESH KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Petitioner is aggrieved of the orders dated 12.02.2016 and 19.04.2016 passed by the Central Administrative Tribunal, Principal Bench in short, 'CAT', in OA No. 3920/2013 and RA No. 84/2016 filed by the petitioner, in effect, seeking issuance of the directions to be retained in the cadre of Head Clerk and in the alternative, for grant of due promotion on the post of Loco Pilot (Goods) at par with his juniors, with consequential effect(s).

(2.) Concisely, the relevant facts are that the petitioner was initially appointed as Apprentice Diesel Asstt. on 09.04.2001 and after completion of his training, appointed as Diesel Assistant, since designated as Assistant Loco Pilot, w.e.f. 29.01.2002. On 03.11.2005, he sustained injuries on duty and remained under medical treatment w.e.f. 03.11.2005 to 11.03.2006 and was promoted to the post of Sr. Asstt. Loco Pilot on 29.04.2006. As per the injury sustained, the petitioner was found unfit in medical category Ayeone/Aye-two/Aye-three/B-I/B-II but found fit in medical category Ceyone/& below and was so treated and put on supernumerary post w.e.f. 12.10.2006. W.e.f. 23.03.2010, the petitioner came to be posted as Head Clerk (Mech.) in the grade of 5000-8000 (revised pay band of 9300-34800 + GP 4200). On 14.08.2013, a show cause notice came to be issued to the petitioner on the premise that he was offered alternative post of Head Clerk (now Office Supdt. in 6th CPC) in the grade 5000-8000 (now GP 4200 in 6th CPB) inadvertently inasmuch, as, he was working in GP 2400 in PB-I at the time of medical de-categorisation and his pay had been fixed by adding 30% of RA in GP 2400 and granted GP 4200 in PB-II as on 18.12.2010. To this show cause, the petitioner submitted his reply dated 31.08.2013, which was rejected vide communication dated 31.10.2013, reiterating that he had come to be absorbed in two grades higher in ministerial grade, inadvertently. It resulted into filing of OA that came to be dismissed vide impugned order dated 12.02.2016. The petitioner then sought review of the order dated 12.02.2016 inter alia placing reliance on circular dated 20.05.2015, which, in effect, clarified the Railway Board's earlier circular dated 30.04.2013 pertaining to fixation of pay of disabled/medically unfit running staff on being appointed against alternative (stationary posts) in revised (6th CPC) pay structure. CAT dismissed the said review application vide order dated 19.04.2016. Aggrieved of the said orders, the petitioner has preferred the instant writ petition.

(3.) Though, in the writ petition, the petitioner has asserted that he was entitled to the post of Head Clerk on account of the medical decategorisation of running staff in terms of para 1307 of the Indian Railway Establishment Manual (IREM) Vol. I and the circular dated 01.10.1999, during the course of hearing, the learned counsel for the petitioner was at pains to explain as to how the pay scale and the service of the post of Head Clerk were the same, or of equivalent grade to the post of Sr. Astt. Loco Pilot. In the impugned order dated 12.02.2016 passed in OA, the CAT has adverted to the relevant rules on the subject, as follows :