UNION OF INDIA Vs. K P BALAKRISHNAN

JUDGEMENT

(1.) AGGRIEVED against the order passed by the Central administrative Tribunal, Madras Bench on 17. 1. 2002 in O. A. No. 128 of 2001, filed by one K. P. Balakrishnan against the Union of India rep. by the Secretary, railway Board, New Delhi and the General Manager, Integral Coach Factory, chennai wherein the reliefs of quashing the orders of the respondents dated 7. 12. 1999 and 10. 1. 1992 and direction to reckon the pay of the applicant on part with his junior with effect from 1. 1. 1986 as the said Balakrishnan is entitled to arrears of pay and allowance arising out of such refixation of his pay and consequent arrears of pension, the Union of India rep. by the secretary, Railway Board, New Delhi and the General Manager, Integral Coach factory, Chennai have filed this writ petition.

(2.) THE case of the said K. P. Balakrishnan before the central Administrative Tribunal can be briefly stated as hereunder:- THE said Balalkrishnan joined Railway as Khalasi Helper in the year 1957. He was promoted as Junior Progressman in the year 1963. Subsequently, he was promoted as Progressman with higher scale of pay of rs. 1320-2040 in the year 1988. He retired from service on 30. 4. 1992. Whileso, in pursuance of the recommendations of the third Central Pay Commission, the revised pay scales came into force from 1. 1. 1973. For this, options were given to all employees to switch over to the new scale of pay with effect from 1. 1. 1973 or on a date subsequent to 1. 1. 1973 and in this connection, the last date for exercising the option was fixed upto 31. 12. 1974 and then the time limit was extended till 31. 12. 1975 and then on representations of the Employees association, the time limit was further extended till 31. 12. 1979 and then lastly extended upto 27. 8. 1984. On the other hand, the case of the Railway administration before the Tribunal is to the effect that the said Balakrishnan had failed to exercise his option in spite of several chances and his option was submitted belatedly after 4-1/2 months from the last date viz. , 27. 8. 1984 and it was rejected. THE applicant's claim was that his option was well within time and thereby the pay fixation has been correctly made in June 1988 and at rs. 1640/= on par with his juniors and subsequently, however, without giving notice to the said Balakrishnan, it was corrected in the year 1989 by reducing at Rs. 1600/= from Rs. 1640/=. Further, the applicant had retired subsequent to the correction as per the Office Order dated 30. 6. 1988. THE representations made by the said Balakrishnan in this connection were not considered and they were rejected and final reply has been given by the Railway Administration in the year 1999 to that effect.

(3.) ON the other hand, his stand as if the option was already submitted on 13. 7. 1984 and it could have been lost during the transit and thereby his another option dated 9. 1. 1985 can be treated as original one in the place of his option dated 13. 7. 1984 has not been accepted by the Railway administration on the basis that it is a belated one inspite of the fact that sufficient time was given to the employees for the purpose of exercising their option even by extending the time limit thrice. In this context, the learned counsel appearing for the Railway Administration also pointed out that there are number of cases about 400 like this from various parts of the country and if this case of Balakrishnan were to be entertained, it would be very much difficult for the Railway administration to deal with the other cases of similar nature pertaining to the number of employees of the Railway and there would be no end for determining such cases.