M. PERIAKKARUPPAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Challenging the order dated 08.07.2008 passed by the 3rd respondent in O.A. No. 751 of 2007 and for a consequential direction to the respondents to revise and refix his basic pay on his promotion to the post of Track Supervisor substantively with reference to the basic pay drawn by him as an ad hoc Track Supervisor and to pay the consequential arrears forthwith, the petitioner has filed this Writ Petition.

(2.) According to the petitioner, he was initially engaged as an Extra Labour Reserve (for short 'ELR') and later was utilised as Direct Track Maintainer (for short 'DTM') as a stop gap arrangement with reference to paragraph 2007 of the Indian Railways Establishment Manual. While working as a Gangmate in the pay scale of Rs. 3050 -4590, the petitioner was temporarily transferred to the office of the Chief Project Manager/Gauge Conversion/I/Chennai, Egmore vide Office order No. M/P (W) 99/98, dated 18.06.1998. Thereby, the petitioner was engaged to discharge the duties of Track Supervisors in the pay scale of Rs. 4500 -7000 effective from the year 2000 and continued till 2007. In the meantime, the petitioner was regularly promoted as Track Supervisor vide No. M/P1(W) 531/TR/SUP/Vol.II, dated 17.05.2006 and thereby posted in the office of the Senior Sec. Engineer/Permanent Way/Tambaram. The petitioner was relieved to carry out his transfer vide Letter No. P.676/GC/MS, dated 28.02.2007. On joining the office of the Senior Sec. Engineer/Permanent Way/Tambaram, the petitioner was served with a letter No. M/P1 (W) 531/TR/SUP/Vol.II, dated 16.08.2007, according to which the petitioner's basic pay was reduced, without adhering to the principles of natural justice. Hence, the petitioner preferred Original Application No. 751 of 2007 before the Central Administrative Tribunal, Madras Bench.

(3.) In their reply statement, the respondents justified their refixation of the petitioner's basic pay on the ground that the petitioner was working as PW -I Maistry in the office of the Deputy Chief Engineer Gauge Conversion only on ad hoc basis. According to the respondents, the petitioner's promotion in the regular line to the post of PW(M) in Madras Division is against 50% promotional quota. He had applied for the post because his lien was maintained in Madras Division as Trackmate in the pay scale of Rs. 3050 -4590/ -. Trackmate is feeder category for promotion to PW(M). He was relieved from the office of the Deputy Chief Engineer Gauge Conversion, Egmore on 28.02.2007 and he joined as PW (M) at Tambaram on 01.03.2007.