Y J BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard learned counsel Mr. M.K. Shelat for the petitioner and Mrs. Vasavdatta Bhatt for the respondents.

(2.) THE petitioner was appointed as Assistant Goods Clerk on 1.4.1975. He was promoted to the post of Senior Assistant Goods Clerk in the pay scale of Rs.1210-2040. THEreafter, by order dated 28.8.1994, the petitioner was promoted as Head Goods Clerk in the pay scale of Rs.1400-2300. THE pay scale of the petitioner was revised on account of 5th Pay Commission and in August 2004, the basic pay scale of the petitioner was Rs.6500.

(3.) HAVING heard the learned counsel for the parties, we are of the considered opinion that the Tribunal committed an error in going back to the year 1994 though no evidence was available before the Tribunal with regard to any discrepancy in the promotion or grant of pay scale. It was not disputed by the respondents before the Tribunal that the petitioner was getting pay scale of Rs.6500/- on the date of promotion as Chief Goods Clerk. The pay scale of Chief Goods Clerk was Rs.5500-9000 and, therefore, the petitioner was entitled to be placed in the pay scale which was higher than Rs.6500/-. It is relevant to extract the relevant para of the Railway Board's letter dated 12.3.1980, as under:- (Rly. Board's letter No.F(E)II/79/FR-1/3 Dated 12/3/1980) 1316 (F.R.22C)-(1) Notwithstanding anything contained in these rules where a railway servant holding a post in substantive, temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay has occurred.