UNION OF INDIA Vs. BARUN KUMAR SAR

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India challenges the order of Central Administrative Tribunal, Kolkata Bench, Kolkata, passed on 23/4/2015 in O.A. No.227 of 2013 whereby the benefit of pay scale of Rs.7450.0011500 was granted to the applicants therein. In addition, the learned Tribunal opined that the applicants therein are entitled for equal treatment at par with their counterparts working in other workshops for the purpose of restructuring. The entire exercise was directed to be completed within a period of 3 months.

(2.) During the course of hearing, learned counsel for the department and the respondents fairly submitted that pay scale of Rs.7450.0011500/- has already been extended in favour of the respondents. In this instant petition, Department is not pressing any relief against the order of Tribunal to the extent relates to the aspect of grant of pay scale. This contention was advanced on more than one occasion by learned counsel for Union of India and therefore the examination must be confined to the aspect of restructuring only.

(3.) Learned counsel for the Railway administration submits that in every 10 years, the Railway administration undertakes the exercise of 'restructuring'. In view of the judgment of Supreme Court in Union of India and others vs. Satya Brata Chowdhury and others reported in (2008) 16 SCC 383, the cadre of present respondents were directed to be separate and in this view of the matter, their restructuring could not be ordered till the decision in File No.PC-III/CRC/Misc/2023/2/2 dtd. 11/1/2024 was taken by the Railway Board. This Railway Board decision is supplied by the learned counsel for the department and the same is also filed by the respondents along with CAN 2 of 2025.