UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THIS Writ Petition has been filed by the Administration, challenging the order passed by the first respondent thereby granting the relief of re-fixation of the pay of the first respondent, as prayed for.

(2.) THE second respondent herein joined as the Assistant Station Master in the scale of Rs.1200-2040 on 13.3.1989 through Railway Service Commission, Chennai and on successful completion of the initial training, he was absorbed as Assistant Station Master with effect from 18.8.1989 and subsequently promoted as Station Master Grade-III in the scale of Rs.1400-2300 with effect from 5.1.1992. THE equivalent scale in the V Pay Commission to the scale of Rs.1400-2300 was Rs.5000-8000 and while the second respondent herein was working as such, he was promoted to the post of Traffic Apprentice in the scale of Rs.5500-9000 against 10% limited departmental competitive examination quota of Station Master Grade-II and was directed for training and after completion of the training for two years, the second respondent herein was absorbed as Station Master Grade-II in the scale of Rs.5500-9000 and the pay was fixed at Rs.6375/= with effect from 14.9.2002 and posted at Palur Station of Chennai Division. While so, the second respondent applied for the post of Section Controller in the scale of Rs.5500-9000 and he was promoted as Section Controller with effect from 23.11.2003 on the same pay of Rs.6550/= in the same pay scale of Rs.5500-9000, which he was drawing s a Station Master Grade-II.

(3.) ON the contrary, on the part of the learned counsel appearing for the first respondent/employee it is submitted that though both the posts of Station Master Grade-II and the Section Controller carry the same scale of pay, the post of Section Controller is fastened with duties and responsibilities of greater importance and the Tribunal considering all the facts and circumstances of the case in their proper perspective has arrived at the conclusion of allowing the prayer of the applicant/employee and therefore no interference is called for into the order passed by the Tribunal. ON such arguments, the learned counsel appearing for the first respondent/employee would pray to dismiss this writ petition filed by the Administration.