D MURTHUMJAYAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by the employees of the former Southern Railway and the present South Central Railway belonging to the cadre of Station Masters and Assistant Station Masters against the Railway authorities of the Union of India seeking various reliefs alleging discriminatory treatment with regard to their pay and emoluments as between themselves and the cadre of commercial clerks. The facts alleged by them are these: The petitioners, who are 12 in number, belonged to the cadre of Station Masters and Assistant Station Masters. Of the petitioners, the first 11 had been confirmed in their present cadre before 1st April, 1956. The 12th petitioner was confirmed in the cadre on 1st April, 1964. They were all recruited originally as commercial clerks. Till recently (alleged to be till 18 months back) commercial clerks, who were qualified and trained, were promoted as Assistant Station Masters. The details concerning each of the petitioners showing their present appointment, their date of first appointment as commercial clerks, their confirmat' on as commercial clerks, their dates of entry into the next higher grade as Assistant Station Masters and their dates of confirmation in the higher category are set out in the annexure filed by the Railway authorities. It would not therefore be necessary to recall those particulars now. The pay scales of the commercial clerks and of the Station Masters-cum-Assistant Station Masters were fixed by the First Pay Commission of 1947. There were four grades of commercial clerks on pay scales of 1. Rs. 60 to Rs. 150, 2. Rs. 100 to Rs. 185, 3. Rs. 150 to Rs. 225 and 4. Rs. 200 to Rs. 300. There were seven grades of Station Masters-cum-Assistant Station Masters on pay scales of 1. Rs. 64 to Rs. 170, 2. Rs. 100 to Rs. 185, 3. Rs. 150 to Rs. 225, 4. Rs. 200 to Rs. 300, 5. Rs. 260 to Rs. 350, 6. Rs. 300 to Rs. 400 and 7. Rs. 350 to Rs. 500.

(2.) Out of nearly 700 belonging to the Station Masters-cum-Assistant Station Masters cadre in Vijayawada there were only about 20 persons in the scales of 5, 6 and 7. While so, the Railways introduced a scheme known as ' The New Deal' in 1956 to be given effect to from 1st April, 1956. By that 'New Deal,' the percentage of commercial clerks in the lowest grade was reduced from 90 per cent to 65 per cent, of the total strength in all grades of commercial clerks, and the remaining 25 per cent of the lowest grade were granted the higher grades. Under the 'New Deal' about 150 persons working in category 1 of the commercial clerks' cadre were elevated to category 2 of that cadre. The pay scales of the cadre of Station Masters- cum-Assistant Station Masters were also revised. At the time the ' New Deal' was announced in the month of November, 1956, petitioners 10, 11and 12 were officiating as Assistant Station Masters and the remaining were functioning as Assistant Station Masters and Station Masters in the lowest grade of the Station Masters' cadre (category No. 1).

(3.) One of the grievances is that they were not given the option to continue in the Station Masters' cadre or to claim the benefits of the commercial clerks' cadre as per the provisions of the ' New Deal'. Then came the Second Pay Commission in 1960 which revised the scales of pay in the several grades of the commercial Clerks and the Station Masters-cum-Assistant Station Masters. The scales of pay of commercial clerks were revised for the 5 grades as : 1. Rs. no to Rs. 200, 2. Rs. 150 to Rs. 240. 3. Rs. 205 to Rs. 280, 4. Rs. 250 to Rs. 380 and 5. Rs. 335 to Rs. 425. The Station Masters-cum-Assistant Station Masters' scales of pay in the 6 grades were : 1. Rs. 130 to Rs. 220, 2. Rs. 150 to Rs. 280, 3. Rs. 250 to Rs. 380, 4. Rs. 335 to Rs. 425, 5. Rs. 370 to Rs. 475 and 6. Rs. 450 to Rs. 575. The cadre of Station Master- cum -Assistant Station Masters was a superior cadre. While so, the petitioners in the superior cadre were receiving less pay than those in the lower commercial clerks' cadre who were their juniors as commercial clerks and also not qualified for promotion to the superior cadre of Station Masters-cum-Assistant Station Masters. That, the petitioners allege, was discriminatory treatment violative of Articles 14 and 16 of the Constitution of India. The petition alleges specific instances thus :- The 1st petitioner joined as commercial clerk in 1929 and was promoted to the cadre of Station Master-cum-Assistant Station Masters in 1938. His present pay is Rs. 250 in the scale of Rs. 250 to Rs. 380, whereas the present pay of K.B. Krishnaswamy, Chief Goods Clerk at Guntur, who is about 3 years junior to the petitioner, is Rs. 280 in the scale of commercial clerks, Rs. 250 to Rs. 380. The said K. B. Krishnaswamy was not promoted as Assistant Station Master for the reason that he could not successfully complete the training course or pass the prescribed test. So, he continued to be the commercial clerk and on account of the revision in the pay scales, he is now drawing Rs. 280 as commercial clerk whereas the 1st petitioner, who secured his promotion as Assistant Station Master as early as in 1938, is now drawing a pay only of Rs. 250.