Srijib Ranjan Saha vs C L W

1 O.A./350/1745/2021

CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA

OA/350/1745/2021

Date of Order: 19.08.2026

Coram: Hon’ble Dr. Lata Baswaraj Patne, Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member

Srijib Ranjan Saha, son of late Sripal Chandra Saha, aged about 53
years (date of birth - 21.08.1968), working as Operation Theatre
Assistance/Dresser-II under K. G. Hospital/CLW, Chittaranjan and
residing at Street No. 27, Quarter No. 32A, P.O. - Chittaranjan, District
Pashim Burdwan, PIN 713365, West Bengal,

……...Applicant

-versus-

1. Union of India through the Principal Secretary, Ministry of Railways
(Railway Board), Rail Bhawan, 1, Raisina Marg, New Delhi -110 001.

2. General Manager, Chittaranjan Locomotive Works, Chittaranjan,
District Paschim Burdwan, PIN 713331.

3. Principal Chief Personnel Officer, Chittaranjan Locomotive Works,
Chittaranjan, District Paschim Burdwan, PIN-713331.

4. Executive Director, Health (P), Railway Board, Ministry of Railway,
Rail Bhawan, Raisina Marg, New Delhi - 110 001.

5. Deputy Director, Pay Commission-VI, Railway Board, Ministry of
Railway, Rail Bhawan, Raisina Marg, New Delhi - 110 001.

6. Deputy Director, Pay Commission-VII, Railway Board, Ministry of
Railway, Rail Bhawan, Raisina Marg, New Delhi - 110 001.

7. Chairman, Railway Board, Ministry of Railway, Rail Bhawan, Raisina
Marg, New Delhi - 110 001.

8. Shri M. K. Gupta, Executive Director, Pay Commission-II, Railway
Board

Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:49:00+05'30'
Foxit PDF Reader Version: 2024.3.0

2 O.A./350/1745/2021

9. Shri Basant Kumar Singh, Executive Director/Finance
(Establishment), Railway Board

10. Dr. K. Sridhar, Executive Director (Health), Railway Board.

...All the Respondents 8, 9 & 10 are from Railway Board, Ministry of
Railways, Rail Bhawan, Raisina Marg, New Delhi-110 001 and
Members of the Committee constituted under Orders by Hon'ble CAT
in OA No. 350/996/2017 (Kolkata).

……..Respondents

For the Applicant : Mr. B R Das; Counsel
: Mr. K K Ghosh; Counsel

For the Respondents : Mr. R Halder; Counsel

O R D E R (O R A L)
Per: Hon’ble Dr. Lata Baswaraj Patne (J):

1. Ld Counsel for both the parties are present.

2. The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act, 1985, praying for the following relief(s):-
“I. Rescind/recall/withdraw the order being Annexure-A1 along with the
report of the Expert Committee and the Annexure-A2 giving effect to the
same, for all intents and purposes, so as to set aside the report of the
Expert Committee dated 07.09.2020 and all orders in furtherance thereof
in any manner.

II. Direct the competent Respondent Authority to reconstitute the Expert
Committee by inducting Members from other Departments outside the
Ministry of Railway and preferably a Member from any of the Institutions
i.e. AIIMS, JIPMER, PGIMER etc. with other concomitant orders thereto as
may be deemed necessary so as to achieve a pay parity and promotional
avenue at par with OTAs in such institutions.

III. Certify and transmit the entire records and papers pertaining to the
applicant's case so that after the causes shown thereof conscionable
justice may be done unto the applicant by way of grant of reliefs as prayed
for in (I) & (II), above.

IV. Any further order/orders and/or direction or directions as to your
Lordships may seem fit and proper.

V. Costs”

Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:49:00+05'30'
Foxit PDF Reader Version: 2024.3.0

3 O.A./350/1745/2021

3. Ld Counsel for the applicant submits that the applicant was appointed in the
K.G. Hospital, a Railway Hospital under control of Chittaranjan Locomotive
Works as Operation Theatre Assistant in 2013 carrying a scale of pay of Rs.
5200-20,200, G.P.-Rs. 1900/- and holding the post in substantive capacity.
The applicant along with some other similarly circumstanced employees
approached this Tribunal by way of OA/2028/2015, seeking pay parity with
other staff in the Para Medical Cadre. The same was disposed of on
23.12.2015 with a direction upon the Railway Administration to consider the
case of the applicants and if deemed fit to allow them pay parity in the cadre
of OT Assistants. However, the respondents rejected their case. Being
aggrieved with the same they again approached this Tribunal, by way of,
OA/350/1821/2016, however, the same was withdrawn subsequently.

4. The applicant again along with 10 others approached this Tribunal, by way
of, OA No. 350/996/2017. In the said OA the applicants sought for reliefs for
parity in promotional hierarchy and Grade Pay for the post of OTAs/Dressers
with other Central Government Hospitals such as AIIMS, JIPMER, PGIMER
etc. and also for promotional avenues in the promotional hierarchy as OT
Technician with Grade Pay - Rs. 4200 and thereafter as OT Lecturer in Grade
th
Pay Rs. 4600 in PB-2 as per recommendation of 7 Pay Commission. In the
said OA they objected to three grades in the OTAs i.e. Grade-III (GP-1900/-),
Grade II (GP-2400/-) and Grade I (GP-2800/-) and treating the inter-se
placement as promotions though such upgradations/placements being
consequential effect of restructuring. The said OA has been disposed of by
this Tribunal vide Order dated 04.05.2020 with a direction upon the Railway
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:49:00+05'30'
Foxit PDF Reader Version: 2024.3.0

4 O.A./350/1745/2021

Authorities to form an Expert Committee to evaluate the duties and
differences in reliability and functional importance vis-a-vis the staff of
AIIMS, JIPMER, PGIMER etc. and to consider the grievance of the applicants
therein as regards hostile discrimination meted out to them and their claim
for parity in pay which necessarily included their promotional avenues.

5. Ld Counsel for the applicant submits that thereafter Expert Committee
constituted by the Railway Board consisting of all the three Officers
appointed from Railway Board submitted its report on 07.09.2020. The
Committee did not give any hearing opportunity to the applicants therein or
to the registered Unions of which the applicants therein are members and
even did not call any of the Authorities from the Institutions as referred to
th th
herein before. The Committee purportedly relied on the 6 and 7 Pay
Commissions’ Reports and observed that the successive Pay Commissions
had not considered the demands for upgradations of pay scales of OTAs
which is not true. The Committee observed the cadre restructuring of the
Para Medical cadre was done in a holistic manner. The applicant due to intra
cadre division for such restructuring are in fact deprived of their promotion
in the next higher post of OT Technician, (GP-4200/-) and thereafter OT
Lecturer (GP-4600/-). The intra cadre-placement albeit in different GPs by
way of restructuring could not be considered as promotions. Authorities
considered the recommendation of the Expert Committee as sacrosanct,
although it failed to consider the case of the applicants in accordance with
the directions of the Hon'ble Tribunal in its Order dated 04.05.2020 in OA
350/996/2017.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:49:00+05'30'
Foxit PDF Reader Version: 2024.3.0

5 O.A./350/1745/2021

th

6. Ld Counsel for the applicant further contends that 6 CPC has recommended
th
something else which has not been accepted by the respondents and the 7
CPC is totally silent upon the same. He submits that, therefore, if the
applicant may be granted liberty to submit his demand or the laid down
th
grievances before the forthcoming 8 Pay Commission and the Commission
may be directed to look into the matter in respect of pay parity as claimed
by the applicant and to take an appropriate decision accordingly.

7. On the other hand, Ld Counsel for the respondents refers to paragraphs 7,8,9
and 10 of the Report of the Committee dtd. 07.09.2020 and submits that the
Expert Committee has opined that there is no comparison between the OTA
belongs to AIIMS and JIPMER. With regard to the applicant, this Tribunal
under the judicial review has no power to interfere with the Expert
Committee’s opinion. He further refers to the judgment in the case of
Prabhat Kiran Maithani & Ors. Vs. UoI & Anr. [1977 SCC (L&S) 279] and in the
case of State of U.P. & Ors. Vs. J.P. Chaurasia & Ors. [1989(1) SCC 121]. He
submits that, therefore, the conclusion of the Expert Committee is in
accordance with the rules and considering the responsibilities with the
qualification of the applicant.

8. Heard both the parties.

9. In view of the above, we grant liberty to the applicant to put forward his
th
demand/ grievance in writing before the forthcoming 8 Pay Commission
and before the Railway Board through a recognized and registered Union/s.
th
On receipt of the same we request the 8 Pay Commission and the Railway
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:49:00+05'30'
Foxit PDF Reader Version: 2024.3.0

6 O.A./350/1745/2021

Board to look into the matter and to try to resolve the issue in an appropriate
manner.

10. Accordingly, the OA is disposed of. No cost.

(Mr. Anindo Majumdar) (Dr. Lata Baswaraj Patne)
Member (A) Member (J)

sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:49:00+05'30'
Foxit PDF Reader Version: 2024.3.0