SAGRAM BHASKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s): -

(2.) THE brief facts (for the present purpose) are that there is a Diesel Locomotive Works Inter College in the Varanasi run by the Indian Railways. The recruitment of TGT (Trained Graduate Teachers) is done by the Railway Recruitment Board/Railway Administration. The applicants are permanent Trained Graduate Teacher (TGT) in the aforesaid college. The applicant No. 1 was appointed on 28.10.1994 for teaching Social Science, the applicant No. 2 was appointed on 26.05.2004 for teaching Social Science, applicant No. 3 was appointed on 20.09.2001 for teaching Hindi, applicant No. 4 was appointed on 01.04.2005 for teaching English and applicant No. 5 was promoted on 01.05.2006 for teaching Urdu. The qualification of TGT is trained graduates who teach classes VI to X vide Rule 178 (4) (xii). The same qualification is prescribed for TGT who teaches Art subject. The other things namely recruitment process by RRB, appointment, pay scale, nature of duties, responsibilities, service conditions etc. of all the teachers are the same. Shri Ravi Shankar TGT Staff No. 16064 was appointed as TGT on 24.05.2006 who is teaching Art in college. He being junior to the applicants is getting much higher pay in Diesel Locomotive Works Inter College, Varanasi in the pay band of Rs. 9300 -34800/ - grade pay Rs. 4600/ - despite his subsequent appointment to the applicants. There is great anomaly in the pay of applicants in comparison to their junior teacher -Shri Ravi Shankar who is getting much higher pay than the applicants. The basic pay of applicants in the month of August, 2009 had been Rs. 17,810/ - whereas that of Shri Ravi Shankar had been Rs. 18,740/ -. The other emoluments paid to Shri Ravi Shankar are also higher than that of the applicant. The above anomaly was brought to the notice of Secretary, Railway Board, New Delhi vide letter dated 28.07.2009 requesting to the respondents to remove it but it has not been removed so far. No rules, regulations or procedures are being followed in the aforesaid college to prepare and maintain the seniority of TGT as per their respective date of appointment, as stipulated in the Indian Railway Establishment Manual to prepare the seniority. There cannot be dual standard in the railway for maintaining the seniority of teachers in the aforesaid college subject wise as TGT and rest TGT subjects. Since the respondents did not consider the request of applicants to remove the pay anomaly, the applicants filed O.A. No. 964/2011 which was disposed of finally on 12.08.2011 with a direction to the respondents to decide the representation of applicants within the stipulated period. The respondent No. 2 in compliance of the said Order rejected the representation of applicants refusing to step up the pay of applicants in comparison to their junior Shri Ravi Shankar. Hence, the present O.A.

(3.) REJOINDER Affidavit has also been filed by the applicants mainly reiterating the earlier stands taken by the applicants specifically stating that all the TGTs in school shall be governed by the one seniority list. There cannot be seniority list subject wise in school. It has also been averred that no decision has been taken by the Anomaly Committee on the letters of applicants dated 28.07.2009.