ZAHEER UDDIN Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the Order dated 4.6.1997 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short 'the Tribunal')/in so far as, it has denied the petitioner, the arrears of the Grade of ' 1400-2300 to which the petitioner was held entitled with effect from 7.11.1990. It appears that the petitioner was appointed as a Goods Guard on 4.11.1980 in North Eastern Railway. Thereafter on his request, he was transferred in 1986 to Allahabad Division of Northern Railway. During periodical Medical Examination, the petitioner was medically decategorized for holding the post of Goods Guard. He was given an alternative job as Inquiry-cum-Reservation Clerk in the Grade of ' 1200-2040/- with effect from 7.11.1990. At the time of medical decategorization, the petitioner was drawing pay of ' 2040/- at the maximum of the scale of ' 1200-2040.

(2.) Relying upon the Circular of the Railway Board dated 2.9.1977 and Para 1309(iv) of the Indian Railway Establishment Manual (I.R.E.M.), the petitioner made a Representation dated 15.11.1990 stating that as the petitioner was working in the scale of ' 1200-2040, the equated scale should have been computed by adding 30% of pay in lieu of the running allowance to the minimum and maximum of the scale and, thus, the petitioner ought to have been given the pay scale of ' 1400-2300. By the order dated 4.2.1991, the said Representation of the petitioner was rejected. The petitioner thereupon again made Representations for reconsideration of his case pointing out the cases of the other colleagues who were similarly decategorized and had been absorbed in the alternative job, having equated scale after adding 30% of pay. However, the case of the petitioner was not reconsidered.

(3.) The petitioner thereafter filed Original Application before the Tribunal being Original Application No. 499 of 1995.