Grievances of Govt Servants cannot be redressed after long period – Railway Board Refers CAT Order
Grievances in Fixation of Pay, even if Genuine, cannot be redressed after a long period if it is not raised before the appropriate levels at the earliest
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 11.10.2018 of Hon’ble CAT/PB/Delhi in O.A. No 2230/2014 filed by Shri Partha Protim Mukhopadhyay & Ors Vs UOl & Ors. [ Click to See this CAT Order]
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:-
“5. The recommendations of the 6th 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 of pay 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
Click to view the CAT Judgement
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Sir , the said CAT-OA No.2230 / 2014 is ab-initio illegal & need Review , since the mistake is apparent on the ‘Face of case Record’ in said matter of Prima-facie raised & flooded with ‘Complaints since 1995-96 as Demotion of Employees of Central Govt. Employees including Defence & all the 3- Armed forces Services . It was done by the former CAS – SP Tyagi demoralise Soldiers and upgrade -Officer’s of the Ranks of ‘Lt.Col / Wg.Cdr & Lt.Cmdr. . The said matter of Anomalies was taken up with AFRO / MoD as well with ‘Supreme – Courts ‘CJI’ in 2011 before Hon’ble CJI-SH Kapadia Sir . who by ite Order directed MoD/FM/CGDA ect. including Chief Army Staff Gen.VK Singh to comply by the said Order wef: to give justice to all .
This aspect of clients claim after long period, say after more than five years can’t be redressed, even though there are no limitations prescribed by the GOI or by DoP&T,or by the Railways.However, several honble courts judgments have in specific terms turned down such claim,say, promotion, increments, fixing seniority , change in date of birth entry, after lapse of considerable lapse of years, whether the action to be initiated by the Department or on application by an employee… There are no limitations for mercy Appeals in service matter cases pertaining to departmental punishment,etc…
The GOI, the DoP&T, AND RAILWAYS SHOULD THINK OF THIS AND EVALUATE A PROPER PROCEDURE THROUGH RULES, NOTIFICATION AND ORDERS.
WHAT if the grievance is not attended for an unaccounted period even after reminders? Then why employee should suffer under the pretext of CAT ordr, kindly guide.