LAWS(KER)-2019-12-128

B. SUDHEER KUMAR Vs. UNION OF INDIA

Decided On December 05, 2019
B. Sudheer Kumar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These Original Petitions have been filed by the Union of India and the applicants before the Tribunal. We shall refer to the parties from their status before the Tribunal in the O.A. The Annexures referred to here; are as produced in the O.A.

(2.) The applicants are medically de-categorized Assistant Loco Pilots, who were absorbed as Junior Clerks. They claimed that they are entitled to be absorbed as Senior Clerks in Pay Band ['PB' for short] of Rs.5200-20200 plus Grade Pay ['GP' for short] of Rs.2800/- with consequential benefits under paragraphs 1307 and 1310 of Annexure A4 Rules. They also claimed that there is an equivalence of the Running Staff, to which category Assistant Loco Pilots belong, with the stationary posts, which contention was specifically affirmed by the Tribunal. The Tribunal hence, based on Annexure A6(b), directed the applicants to be granted GP of Rs.2400/-. The OP by the applicants claim still higher GP of Rs.2,800/- and that by the Railways challenge the grant of Rs.2,400/- as against the legally due GP of Rs.1900/-.

(3.) Sri.T.C.Govindaswamy, learned Counsel appearing for the applicants argued for the position that they are entitled to GP of Rs.2800/- relying on Annexures A6(a) and A6(b) documents as also paragraphs 1307 to 1310 at Annexure A4. It is also contended on behalf of the applicants that when fixation is granted, they have to be fixed at the Basic Pay in the PB which they are entitled to on the basis of their service and GP has also to be added on with a further addition of 30% for the purpose of protecting their pay in the post which they held prior to medical de-categorization, which post is termed as Running Staff. It is urged that when 30% of BP, which is the running allowance, is added to Rs.1900/-, it is above Rs.2400/- and hence, they are entitled to the next higher GP, i.e., Rs.2800/-.