P.N. VISHWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) All these petitions are arising out of a common order dated 6.12.2017 passed by the Central Administrative Tribunal, Jabalpur Bench Jabalpur (for brevity "CAT") in the Original Application Nos.200/00402/2015, 200/00403/2015, 200/00404/2015, 200/00953/2015 because all the petitioners (the applicants before the CAT) were similarly placed and were seeking similar reliefs in their respective original applications, therefore, all these petitions are heard analogously and decided by this common order.

(2.) The challenge before the CAT was of the order dated 23.3.2015 issued by the respondent No.2/Divisional Railway manager (Personnel) West Central Railway Habibganj, Bhopal denying the benefit of the running allowance to the petitioners on the pretext that the petitioners have not driven the tower wagon independently and obtained the learning, therefore, in terms of the previous instructions issued in this regard, the tower wagon-cum-vehicle driver, if drove the tower wagon, would be entitled for the running allowance to the mileage otherwise not. The relief was further sought to direct the respondents to extend the benefit of the Circular of the Railway Board RBE No.7491 (SIC No.74/91) to the petitioners in the letter and spirit with retrospective date and unpaid benefit attached to the post as per the said circular be granted alongwith interest @ 12% till realization. Any other suitable relief may further be granted with cost.

(3.) The case of the petitioners before the Central Administrative Tribunal was that they were promoted for the post of drivers in the pay scale of Rs.3050-4590, which has been revised to Rs.5200-20200 with Grade Pay of Rs.2800. After going through the process of promotion for the post tower wagon drivers, the petitioners were selected. As per Annexure A/2 dated 31.3.2014, a letter was written from the office of the General Manager (Personnel) West Central Railway, Jabalpur to the Jabalpur, Bhopal, Kota Divisions that the issue regarding filling up of the post of tower wagon driver by following the procedure was raised before the head office. The competent authority has decided that the post of tower wagon driver ought to be filled up as per the channel of promotion, therefore, it was requested to the respective divisions to fill up those posts. The contention of the petitioners before the Central Administrative Tribunal was that after promotion as tower wagon drivers as per Circular (Annexure A/4) of the Railway Board RBE No.7491 (SIC No.74/91), they are entitled to get the benefit of the running allowance at par with the other similarly situated persons in Jabalpur, Kota and all other Indian Railways Divisions as they are getting the same benefits as applicable and payable to the Goods Train Driver.