Re-fixation of Pay in the upgraded pay scales from pre-revised scale of Rs. 6500-10500/7450-11500 to Rs.7450-11500/7500-12000): Sharing of CAT PB Judgement by Railway Board
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)
PC-VI No. 393
No. PC-VI /2014/Misc/4
New Delhi, dated 15.11.2018
The General Manager/CAOS,
All Zonal Railways/Production Units
(as per mailing list)
Sub: Sharing of order dated l 1.10.2018 of Hon’ble CAT/PB/Delhi in O.A. No 2230/2014 filed by Shri Partha Protim Mukhopadhyay & Ors Vs UOl & Ors.
A number of court cases have been filed by the employees (in the pre-revised scales of Rs. 6500-10500/7450-11500) of various Zonal Railways seeking re-fixation of their pay in the upgraded pay scales (in pre-revised scale of Rs. 7450-11500/7500-12000). In one such case, the issue has been adjudicated by Hon’ble CAT/PB/Delhi in O.A.No.2230/2014 filed by Shri Partha Protim Mukhopadhyay & Ors Vs UOl & Ors.Union of India & Ors and Hon’ble CAT/PB/Delhi has been pleased to pass the following orders:-
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“5. The recommendations of the 6m CPC became enforceable w.e.f. 01.01.2006. The formula evolved by the 6th CPC is that the pay scale of an employee shall be revised by multiplying the basic pay of the employee as on 01.01.2006 with the factor 1.86. This is fact, is the ratio laid down by the Hon’ble Supreme Court in a batch of civil appeals. The plea of the applicant is that they have been wrongly placed in the pay scale of Rs. 7450-11500 instead of Rs. 7500- 12000.
- 6. The grievance is referable to the fixation ofpay scales on the basis of 5th CPC recommendations. That in turn, became enforceable in the year 1996. The mistake, if at all, as regards fixation of pay scales has crept in the year 1996. There is nothing on record to disclose that the applicant has ever raised this contention either after the recommendations of the 5th CPC were implemented or before the Anomalies Committee constituted soon after the report of the 6th CPC.
- 7. At this length of time, the grievance even if genuine, cannot be redressed. The OA is accordingly dismissed.“
2. The Railways may bring the above position to the notice of Railway Advocate contesting such other cases and take necessary action to file a copy of above judgement of the Principal Bench before the respective Hon’ble Tribunals/Hon’ble Courts and also to utilize the same during arguments.
3. Receipt of this letter may please be acknowledged.
DA: AS ABOVE
(U.K. Tiwari)
Dy. Director, Pay Commission-VI
Railway Board
[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/pay_comm/PC6/2018/Sharing_151118.pdf]
COMMENTS
When for all those pre 2016 pensioners notional pay was fixed as on 1/1/86;1/1/96;1/2/2006 and 1/1/2016; prayer could have been made for notional fixation of Pay in 7500-12500 to all those in 6500-10500 without asking for arrears uptown 31/12/2005. W P may be filed in HC for codonstion of delay with the above prayer. I remember that there is a SC judgement that it becomes effective from the date of wrong done( approximately in such words) Now try to file WP in HC with prayer for coronation of delay and fixation of notional pay and pension without arrears upto 31/12/2005. Try.
Gopalaswamy Honnavalli