G Koti Reddy vs M/o Railways
- Court
- Central Administrative Tribunal
1
OA.No.542/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
CIRCUIT SITTING AT VIJAYAWADA
ORIGINAL APPLICATION NO.020/00542/2021
ORDER RESERVED ON 23.09.2026
DATE OF ORDER: 16.10.2026
HON’BLE MR. MANISH GARG, JUDICIAL MEMBER
HON’BLE MR.VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
G.Koti Reddy, S/o Kasi Reddy, aged 62 years
Occ: Retd Travelling Ticket Inspector (Group ‘C’)
Vijayawada Division, South Central Railway
R/o Door No.4-30/4/1, Adda Road, Lakshmana Rao Street
Chitti Nagar, Vijayawada, Krishna Dt. AP. …..Applicant
(By Advocate: Sri K.R.K.V.Prasad)
Vs.
1. Union of India represented by
The General Manager, South Central Railway
Rail Nilayam, Secunderabad.
2. The Principal Chief Personnel Officer
South Central Railway
Rail Nilayam, Secunderabad.
3. The Divisional Railway Manager
Vijayawada Division, South Central Railway
Vijayawada.
4. The Senior Divisional Commercial Manager
Vijayawada Division, South Central Railway
Vijayawada.
5. The Senior Divisional Personnel Officer
Vijayawada Division, South Central Railway
Vijayawada. ….Respondents
(By Advocate:Smt.B.Gayatri Varma, Sr.CGSC)
*
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
O R D E R
PER:HON’BLEMR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
1. The present Original Application has been filed by the applicant under Section
19 of the Administrative Tribunals Act, 1985, seeking the following relief:
“…to call for the records pertaining to Letters No. B/P.535/1/2/Vol.5
dt. 15.03.2019 and No. SCR/P-HQ/345/TE/SCR dt. 26.02.2020 and the
related proceedings and set aside the stand taken in the said letters
that the applicant was granted proforma promotion as Travelling
Ticket Inspector w.e.f. 17.12.2013 as illegal, arbitrary, unjust,
discriminatory and direct the Respondents to grant promotion to the
applicant as Travelling Ticket Inspector w.e.f.31.12.2012 on par with
junior, with a further direction to fix the pay with GP Rs. 4200/- w.e.f.
31.12.2012 by paying arrears of pay and allowances from 31.12.2012
to 31.12.2018 and fix the pension on the said revised pay to be drawn
as on the date of retirement and release the difference in retirement
benefits and pension paid from time to time by paying interest @ 10%
on the said differential amounts from 31.12.2012 till payment is made
and grant all other consequential benefits and pass such other order or
orders as deemed fit in the interest of justice.”
2. Facts of the case, in brief, as submitted by the applicant, are as follows:
i. The applicant, while working in the Commercial Department of the
Vijayawada Division of the South Central Railway, as a Travelling
Ticket Inspector (TTI), retired from service on 31.12.2018, on
attaining the age of superannuation. At the time of retirement, the
applicant's pay was considered as Rs.41,100/- in Level-6 of the VII
CPC pay matrix. In terms of the said pay erroneously being drawn, the
last pay was arrived at, accordingly, for releasing the settlement
benefits and for fixing pension, as per PPO No. 20187090700811,
dt.27.12.2018.
ii. While the Applicant was working as a Senior Ticket Examiner, with
GP Rs.2800/-, after the Disciplinary Authority (DA) imposed a
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
penalty, during the process relating to submission of Appeal and
Revision, the applicant’s junior was promoted, vide order,
dt.31.12.2012, as Travelling Ticket Inspector, with GP Rs.4200/-.
Thereafter, the Revising Authority (RA) reduced the penalty imposed
by the Disciplinary Authority/Appellate Authority (AA) to that of
reduction to a lower grade for a period of 3 years, without loss of
seniority, from the post of Senior Ticket Examiner GP Rs.2400/- to
Ticket Examiner with GP Rs.1900/-, duly fixing his pay at the
minimum of the scale of pay. The applicant was, thereafter, issued with
a minor penalty memorandum, dt.05.02.2016, as a result of which a
penalty was imposed on 18.04.2016, which has no relevance to the
subject case. The applicant submitted a representation on 25.04.2016,
to the effect that the earlier penalty, imposed by the DA and confirmed
by the Appellate Authority, was revised by the Revisionary Authority,
and, thereby, the penalty was over by 11.10.2013. He requested to
grant promotion to him as TTI with GP Rs.4200 and to re-fix his pay.
The applicant placed at Sl.No.1 in the Select List, vide Memorandum,
dt.28.12.2016, of employees to be promoted to the post of Travelling
Ticket Inspector. He was promoted, vide order, dt.08.08.2017, fixing
the pay in Level-6 (GP 4200/-) at Rs.36,500/-.
iii. It is submitted that the applicant was paid arrears, pertaining to the
reduced penalty, but not the arrears pertaining to the delayed
promotion. He had submitted a representation on 17.11.2017 to the
DRM, Vijayawada, stating that his junior, ShriK.Srinivasulu, had been
promoted, vide office order, dt.31.12.2012, and that the promotion of
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
st
the applicant on completion of the 1 punishment ought to have been
granted before the minor penalty was imposed, during the period when
the applicant was not undergoing any penalty.
iv. According to the applicant, his pay was fixed on 05.12.2018 for the
purpose of retirement, showing notional fixation from 01.01.2016 upto
01.07.2018, showing Rs.41,100/- as the last pay drawn at his
retirement on 31.12.2018. To his representation, dt.11.02.2019,
reiterating his request to grant him promotion w.e.f. 12.10.2013, a
reply was given on 15.03.2019 to the effect that the applicant was
extended promotion as TTI in GP Rs.4200/-, w.e.f. 17.12.2013, on
proforma basis and, w.e.f. 08.08.2017, on actual basis, on par with his
junior, vide office order, dt.18.012.2017. It is argued that the junior to
the applicant was promoted as TTI w.e.f. 31.12.2012, but, this date was
not taken into consideration, despite the claim in the said
reply,dt.15.03.2019, that the proforma promotion was granted on par
with his junior. He was not issued any office order,dt.18.12.2017, nora
copy of it was enclosed with the said reply,dt.15.03.2019. However,
the question of proforma promotion does not arise when the
promotion, on completion of the penalty, was not granted w.e.f.
31.12.2012 and, on account of the delay by the respondent
administration, the applicant should not suffer.
v. The applicant states that he had approached the Assistant Labour
Commissioner (Central), Vijayawada (ALC, for short), with a
representation about the denial of promotion after completion of
penalty. The said authority held a discussion on 16.05.2019, by calling
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
the representatives of the offices of the Senior DPO and the Senior
DCM of Vijayawada. The ALC disposed of the representation of the
applicant by advising him to approach the appropriate forum as there
was difference of opinion between the parties. Thereafter, the applicant
submitted another representation on 28.01.2020 to the Principal Chief
Personnel Officer, SCR, which was a copy of the letter,dt.11.02.2019.
The office of the PCPO, SCR, disposed of the same vide letter, dt.
26.02.2020, by referring to the earlier reply, dt.15.03.2019, of the
Senior DPO, Vijayawada, by repeating that he was promoted as TTI,
on proforma basis, from 17.12.2013 and, on actual basis, from
08.08.2017.
3. The applicant has raised the following grounds for relief:
i. Respondents have not disputed the entitlement of the applicant to
promotion, on completion of the penalty, on par with his junior, as
mentioned in the letter, dt.15.03.2019, however, by denying promotion
as Travelling Ticket Inspector from the date on which the junior was
promoted, on completion of penalty, Respondents have caused severe
monetary loss, by not revising the pay, till retirement, and not granting
the promotion w.e.f.31.12.2012. The said action resulted in not getting
arrears of pay and getting less retiral benefits and pension.
ii. The action of the Respondents in stating that proforma promotion is
granted on par with his junior, but not granting the same, w.e.f.
31.12.2012, i.e., the date on which the junior was promoted, and
granting it from 17.12.2013, is illegal, discriminatory and in violation
of Articles 14, 16 and 21 of the Constitution.
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
iii. The action of the Respondents resulted in imposition of another
penalty by not acting upon the revised penalty, in violation of the
orders of the Revising Authority. Hence, the OA.
iv. It is submitted that, without granting the promotion to the post of
Travelling Ticket Inspector on completion of the penalty and by not
fixing the pay of the applicant properly, gross injustice is done to him,
affecting his pension each month, giving a continuous cause of action.
4. On notice, Respondents have filed their reply statement wherein they have
averred as follows:
i. As a preliminary objection, it is submitted that the OA is barred by
limitation and is liable to be dismissed on the grounds of delay and
latches, since the applicant was informed that he was promoted as TTI,
on proforma basis, w.e.f.17.12.2013, and, on actual basis, from
08.08.2017, vide Office Order, dt.18.12.2017, while disposing of all
his representations, submitted prior to 18.12.2017. The cause of action
had arisen from the date of issue of the Order, i.e.,18.12.2017, and the
delay has to be calculated from that date. But, the applicant remained
silent and retired from service on 31.12.2018 and received all the
retirement benefits as per the pay he was drawing before his
retirement, without any objection. It is submitted that the first
representation from the applicant was received in the office of the
Sr.D.P.O./R-5 on 11.02.2019, i.e., after 01 year and 03 months since
the issue of the Office Order,dt.18.12.2017, and that, too, after serving
for one year prior to his retirement on 31.12.2018. After 03 years and
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
01 month, approximately, from the Office Order,dt.18.12.2017, the
applicant filed this OA.Hence, this OA is barred by limitation and is
liable to be dismissed on the ground of delay and latches.
5. The following points have also been made by the Respondents –
i. The applicant, while working as Senior Ticket Examiner (Sr.TE), in
the Grade Pay Rs.2400/-, was imposed with the penalty of
"Reduction to a lower grade for a period of five years with loss
of seniority i.e. from Sr.TE (PB 1, Scale: Rs.5200-20200/-, GP
Rs.2400/-) to TE (PB 1, Scale: Rs 5200-20200/-, GP Rs.1900/-)
duly fixing his pay at the minimum of the pay scale i.e., Rs
5200/- with GP Rs.1900/- and having cumulative effect:”
by the Disciplinary Authority(DA), vide memorandum
No.B/C.DAR/Vig/Major/03/2010, dt.17.12.2010. The penalty was
implemented from that date itself.
ii. As per the rules, the appeal against the Penalty Order of the DA should
be preferred within 45 days. But the applicant preferred appeal,
dt.02.02.2012 and 10.09.2014, belatedly to the Appellate Authority
(AA). It was disposed of, vide order, dt. 24.12.2014, by upholding the
punishment awarded by the DA. Against the order, dt. 24.12.2014, of
the AA, the applicant preferred a Revision Petition to the Revising
Authority (RA) on 29.01.2015. The Revising Authority reduced the
penalty to that of
"Reduction to a lower grade for a period of 3 years (C) without
loss of seniority i.e. from Sr.TE (GP. Rs.2400/-) to TE
(GP.Rs.1900/-), duly fixing his pay at the minimum of pay
scale",
vide memorandum, dt. 23.12.2015.
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
iii. Before the date of order of reduction of penalty, on 23.12.2015, the
applicant had undergone another penalty imposed by the Disciplinary
Authority, on 17.12.2015. However, while implementing the decision
of the Revising Authority, the pay of the applicant was revised by
reducing the period of penalty from 05 years to 03 years, vide
memorandum, dt.03.02.2016. The applicant was considered for
promotion to the post of Travelling Ticket Inspector (TTI), in the
Grade Pay 4200/-, vide the Select List, dt.28.12.2016. Since the
applicant was undergoing a minor penalty, from 01.05.2016 to
30.04.2017, in another Disciplinary matter, he was promoted as TTI
with effect from 08.08.2017.
iv. Respondents have pointed out that the applicant has filed a copy of his
representation, dt.17.11.2017, with his rejoinder to the reply filed by
the Respondents in MA No.166 of 2021, wherein, the applicant
requested the Railway Administration to consider him for promotion to
the post of TTI, after completion of his penalty, i.e., after October
2013. The applicant was considered as promoted to the post of TTI, on
proforma basis, w.e.f.17.12.2013, i.e., the date of completion of
penalty and, on actual basis, from 08.08.2017, i.e.,the date of
shouldering higher responsibility, vide Office Order,dt.18.12.2017.
Accordingly, the pay of the applicant was revised from 17.12.2013 and
fixed as per his entitlement under the rules. Therefore, the
representation, dt. 17.11.2017, presented by the applicant through his
rejoinder to the reply in MA No.020/166 of 2021 stands disposed of.
The applicant has acknowledged the Order, dt.18.12.2017. Since then,
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
the applicant remained silent and retired from service on 31.12.2018
and received all the retirement benefits as per the pay he was drawing
before his retirement without any demur. Hence, he is estopped from
making any objections at this distant date.
v. Later, another representation, dt.17.11.2017, from the applicant, was
th
received in the office of the 5 Respondent on 11.02.2019, requesting
the Administration to extend the promotion of Travelling Ticket
Inspector (TTI) either from the date of completion of 3 years’
punishment or from the date of issue of the order by the Revising
Authority, i.e., 23.12.2015, since his juniors were promoted as TTI, in
the month of December, 2012. The same was disposed of by informing
him that his promotion to the post of TTI in GP 4200/- was already
considered w.e.f. 17.12.2013, i.e., on completion of his penalty of
reduction to lower grade and on restoration as Sr.TE in GP 2400/-, vide
order, dt. 15.03.2019.
vi. In regard to the relief sought by the applicant to consider his promotion
w.e.f 31.12.2012, on par with his junior, and to grant consequential
benefits from 31.12.2012, is found to be baseless, in view of the fact
that the applicant was working in the post of GP 1900/-, as he was
undergoing penalty of reduction to lower grade, i.e., from Sr.TE in GP
2400/- to TE in GP 1900/-, as a measure of Disciplinary Action till
17.12.2013. The post of Sr.TE in GP 2400/- is a feeder grade to fill up
the vacancies in the post of TTI in GP 4200/- and, thus, an employee
working in the post of Sr.TE in GP 2400/- at the time of consideration
for promotion only will be eligible for promotion to the post of TTI in
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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OA.No.542/2021
GP 4200/-. Since the applicant was working in the post carrying GP
1900/- and not in the feeder grade, with GP 2400/-, while undergoing
the penalty, with cumulative effect, which was completed by
17.12.2013, he was not eligible for promotion on par with his junior as
his junior was working in the post of Sr.TE in GP 2400/- on the date of
his promotion, i.e., 31.12.2012, whereas the applicant was working in
the post carrying GP 1900/- on 31.12.2012.
vii. It is noteworthy that the applicant performed the duties of TE in GP
1900/-, from 17.12.2010 to 17.12.2015, as the penalty imposed by the
DA/AA was for 05 years. It was subsequently modified by the
Revising Authority and the period was reduced from 05 years to 03
years, vide order, dt.23.12.2015, that, too, after the completion of the
original 05 year period of penalty initially imposed.
viii. Due to the reduction of the period of penalty, from 05 years to 03
years, the penalty of the applicant was completed by 17.12.2013.Thus,
the applicant was considered and promoted as TTI in GP 4200/-, on
proforma basis, w.e.f.17.12.2013, i.e., the date of completion of
penalty, but on actual basis from 08.08.2017, i.e., date of shouldering
higher responsibility, vide Office Order, dt.18.12.2017. Accordingly,
the pay of the applicant was revised from 17.12.2013 and fixed, as per
his entitlement. It is submitted that when the applicant did not perform
the duties of TTI or shouldered higher responsibility as TTI till
08.08.2017, the applicant is not eligible to draw the pay of TTI. Hence,
the pay of the applicant was fixed correctly as if promoted as TTI in
the Grade Pay 4200/-, on a proforma basis, w.e.f.17.12.2013, i.e., the
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
Reason: I am the author of this document
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11
OA.No.542/2021
date of completion of penalty and by allowing the pay, on actual basis,
from 08.08.2017. Since proforma fixation of pay of the applicant was
done, in GP 4200/- as TTI, from 17.12.2013, his retirement benefits are
not affected.
ix. It is further submitted that the applicant, while working as Travelling
Ticket Inspector (TTI) in GP 4200/- in the Commercial Department of
Vijayawada Division of South Central Railway, retired on 31.12.2018
on superannuation. The last pay drawn by the applicant at the time of
retirement is Rs.41,100/- and the settlement benefits, viz., pension,
gratuity and Leave salary, etc., were paid as per the last basic pay
drawn by the applicant, as per Rules, and the applicant received the
retirement benefits without any demur. The applicant did not state in
the O.A. as to how the pay fixed was wrong.
x. Although the penalty imposed for 5 years, w.e.f. 17.12.2010, was
completed by 17.12.2015, i.e., prior to reduction of the penalty by the
Revising Authority, on 23.12.2015, by implementing the decision of
the Revising Authority, the pay of the Applicant was revised, duly
reducing the period of penalty from 05 years to 03 years, vide
memorandum,dt.03.02.2016. Also the Applicant was considered for
promotion to the post of Travelling Ticket Inspector(TTI), in GP-4200.
After being found suitable for such promotion, his name was placed on
the Select List, dt.28.12.2016. But, the promotion as Travelling Ticket
Inspector (TTI) was given on 08.08.2017, since the Applicant was
undergoing the penalty from 01.05.2016 to 30.04.2017, against another
minor penalty charge sheet.
PANDIRLAP
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DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
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Bhavan, Saifabad, Hyderabad, telephoneNumber=
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OA.No.542/2021
xi. Later, the General Secretary/South Central Employees Sangh
(Recognized Trade Union), vide letter, dt.11.05.2017, requested the
administration for restoring his seniority and to given him
consequential promotion to higher grade, on completion of penalty.
The Applicant also submitted a representation, dt.17.11.2017,
requesting to restore him back to his due date of promotion. The
applicant was, however, considered as if he was promoted to the post
of Travelling Ticket Inspector (TTI) w.e.f.17.12.2013, i.e., from the
date of completion of his punishment and pay was fixed at Rs.13,780/-
(VI CPC) in GP 4200/-, as on 17.12.2013, on pro-forma basis and at
th
Rs.39,900/- in Level-6 (7 CPC) on the actual basis from 08.08.2017,
i.e., the actual date of shouldering higher grade responsibilities as
Travelling Ticket Inspector(TTI), vide office order,dt.18.12.2017,
which disposed of the General Secretary/South Central Employees
Sangh letter, dt.11.05.2017, and the representation of the
applicant,dt.17.11.2017.
xii. It is also submitted that the applicant in Para.4.2 of the OA was
intentionally misleading the Tribunal, by suppressing the fact of
fixation of his pay at Rs.39,900/-, in Level-7, w.e.f.08.08.2017, vide
Office Order, dt.18.12.2017, and had made a false submission that he
was promoted, vide order, dt.08.08.2017, and his pay was fixed at
Rs.36,500/- in Level-6 (GP 4200/-).
xiii. The applicant submitted a representation on 11.02.2019, after
retirement, requesting to grant TTI promotion from the date of
completion of his punishment, i.e., after 11.10.2013, but he had
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gmail.com, postalCode=500004, serialNumber=
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13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
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OA.No.542/2021
completed his punishment on 17.12.2013, and not on11.10.2013, as
contended. It is further submitted that the said representation,
dt.11.02.2019, was disposed of by the Railway Administration, vide
the impugned letter, dt.15.03.2019, duly informing him that he was
already promoted to the post of TTI, on completion of the penalty, i.e.,
w.e.f.17.12.2013.
xiv. It is reiterated that the applicant was considered for promotion on par
with his juniors, who were promoted on 31.12.2012, and granted
promotion as Travelling Ticket Inspector(TTI), in Level-6,
w.e.f.17.12.2013, instead of 31.12.2012, since he was undergoing
penalty on the crucial date of promotion of his juniors, i.e., 31.12.2012
and the said penalty was completed on 17.12.2013. In terms of Para
3.9(iv) of the Railway Board's letter, dt.21.01.1993 (RBE No. 13/1993)
communicated by the PCPO/SC as Serial Circular No. 16/1993, if a
person becomes due for promotion after finalisation of the disciplinary
proceedings and the penalty imposed is reduction to a lower time scale,
grade or post, he should be promoted only after the expiry of the
penalty. Hence, the promotion to the post of Travelling Ticket
Inspector(TTI) granted to the applicant from 17.12.2013, i.e., after
completion of penalty is correct. The Administration, vide letter,
dt.15.03.2019, has, accordingly, given a reply to the applicant in
response to his representation, dt.11.02.2019. The Applicant received
the office order, dt.18.12.2017, on 03.01.2018, under clear
acknowledgement. Thus, the contention of the applicant that he was
not issued with the office order, dt.18.12.2017, and no such copy was
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gmail.com, postalCode=500004, serialNumber=
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13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
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OA.No.542/2021
enclosed with the reply, dt.15.03.2019, is alleged to be false and
misleading.
xv. It is further submitted that the applicant submitted a representation, on
28.01.2020, to the Principal Chief Personnel Officer(PCPO), SCR, and
the same was disposed of by PCPO, vide letter, dt.26.02.2020, duly
advising the applicant that -
"…you have been promoted as TTI on proforma basis w.e.f.
17.12.2013 and on actual basis from 08.08.2017. Hence, no
arrears is to be paid."
Since the final settlement benefits, i.e., pension, gratuity, etc., on
retirement of the Applicant, were paid as per the revised pay, there was
no effect on the pension or other retirement benefits of the applicant.
xvi. In view of above, the prayer of the applicant for granting the
promotion from 31.12.2012, i.e., while undergoing a penalty is not
acceptable. He is eligible for promotion to the post of Travelling Ticket
Inspector (TTI) in GP 4200/-, w.e.f 17.12.2013 only, and not from
31.12.2012.
xvii. Respondents have contended that there are no merits in the OA and it
may be dismissed.
6. In response to MA.No.166/2021, filed by the applicant, Respondents have filed
a counter reiterating the submissions made in their reply statement and also
making certain allegations, as follows -
i. The representation, dt.17.11.2017, of the applicant is a fabricated
document as he himself stated in the representation that he retired from
service on 31.12.2018 on superannuation and referred to the Pension
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DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
0a510742c22
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OA.No.542/2021
Payment Order, dt.31.12.2018, issued by the Railways in the said
representation. Thus, it is crystal clear that the representation
dt.17.11.2017, is fabricated and non est.
ii. The so-called representation from the applicant with the date of
th
17.11.2017, was received in the office of the 5 Respondent on
11.02.2019 and the same was disposed of, informing him, vide order,
dt.15.03.2019, that his promotion to the post of TTI in GP 4200/- was
considered from 17.12.2013, on his restoration as Sr.TE in GP 2800/-.
The contents of his representation, dt.11.02.2019, are similar to those
in the representation, dt.17.11.2017, and only the date is changed to
'11.02.2019'. As such, the disposal by Railway Administration, vide
letter, dt.15.03.2019, holds good even for the representation,
dt.11.02.2019.
7. In his rejoinder to the reply to the MA, applicant has justified the date of
17.11.2017 on his representation, which was forwarded to the Sr.Divisional
Personnel Officer the same day. He had admitted that the date was repeated,
inadvertently, on his next representation, dt.11.02.2019.
8. Heard both the parties and perused the material placed on record.
9. We may observe that so far as the issue of delay and latches in filing the OA is
concerned, it has been considered and settled while accepting the MA for
condonation of delay in filing the present Original Application, vide docket
order, dt.18.08.2021, of this Tribunal. We shall now proceed to consider other
aspects of the matter.
PANDIRLAP
Digitally signed by PANDIRLAPALLI SANDHYA
DN: C=IN, CN=PANDIRLAPALLI SANDHYA, L=Hyderabad, O=
Central Administrative Tribunal, OU=Central Administrative
Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfaa
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OA.No.542/2021
10. To understand as to whether the applicant has a valid case for antedating his
promotion, on actual basis, we may look at the factual matrix in a
chronological manner. The version of the applicant is as follows –
“CHRONOLOGICAL EVENTS
Sl.
No.
Date Event
1. 31.12.2012 Junior to the applicant was promoted as TTI to
GP Rs.4200/-
2. 17.12.2013 Applicant completed his penalty
3. 08.08.2017 Promotion was granted
4. 17.11.2017/
19.02.2019
Applicant submitted representations
5. 15.03.2019/
26.02.2020
Impugned replies were given
11. Certain facts, left out by the applicant in the table above, may be seen below:
Sl.
No.
Date Event
1. 18.05.2010 Issue of charge sheet
2. 17.12.2010 Date of imposition of penalty of reduction
to a lower grade for a period of five years
with loss of seniority from Sr.TE to TE (45
days given for filing appeal)
3. 02.02.2012/
10.09.2014
Dates of filing appeal/addl.appeal
4. 24.12.2014 Order of the Appellate Authority
upholding the penalty imposed by the
DA
5. 29.01.2015 Submission of Revision Petition by the
applicant
6. 23.12.2015 Order of the Revisionary Authority,
curtailing the punishment of reduction to
lower grade for the period from 5 years to
3 years (C) without loss of seniority
resulting in completion of revised
penalty on 17.12.2013
7. 03.02.2016 Order granting restoration of GP 2400 after
3 years
8. 17.12.2015 Penalty under fresh charge sheet imposed
9. 01.05.2016
to
30.04.2017
Underwent minor penalty
12. The applicant has repeatedly requested for fixing his pay with Grade Pay
Rs.4200/- w.e.f. 31.12.2012. RA’s order, curtailing the period of punishment,
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Tribunal Hyderabad Bench, ST=Telangana, E=needhee.2@
gmail.com, postalCode=500004, serialNumber=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f418
13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
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OA.No.542/2021
has been issued on 23.12.2015, pushing back the effective period of reduction
in the scale of pay from 17.12.2015 (5 years) to 17.12.2013 (3 years), as
ordered by Respondent No.5, vide Memo, dt.03.02.2016 (Ann.R4).
13. It is worth noting that the order of the Revisionary Authority, curtailing the
period of reduction of pay scale to a lower grade, came much after
31.12.2012. The revised penalty extending to 3 years was actually completed
on 17.12.2013. The Select List for promotion came on 28.12.2016 and the
order promoting the applicant as TTI was issued accordingly. It is also a
matter of record that a fresh charge memo was also issued on 17.12.2015,
prior to the issue of order of the Revisionary Authority, reducing the period of
punishment from 5 years to 3 years without loss of seniority. As per rules,
promotion cannot be granted in three cases, as per S.C.No.16/93 (RBE
No.13/93), which reads thus –
“Subject: Promotion of Railway servants who are under suspension or
against whom departmental proceedings/prosecutions have been
initiated - Procedure and guidelines to be followed - Cases of
promotion of Group 'D' & Group 'C' Railway servants.
[No. E (D&A) 92RG6-149(A), dated 21.01.1993]
x x x x
3.1 Procedure to be followed- Such a Railway servant shall not be
promoted even already borne on a selection panel/suitability list till
after the results of the proceeding against him are known. There is,
however, no objection to promote him if he is not under suspension and
the proceedings already initiated are for the imposition of only a minor
penalty.”
14. Thus, even though his Grade Pay was restored to 2400/4200 w.e.f.
17.12.2013, on 03.02.2016, there was no question of giving him actual
promotion while facing a charge memo, followed by punishment, which was
effective from 01.05.2016 to 30.04.2017. He came to assume responsibility of
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gmail.com, postalCode=500004, serialNumber=
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13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
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OA.No.542/2021
the higher post in terms of the promotion order, dt.08.08.2017 (Ann.A6),
which reads as follows:
“The following Sr.TE's in Level-5, who were found 'Suitable' and placed
on the select list for promotion to the post of TTI in Level-6 vide this
Office Memorandum dated 28-12-2016 cited, were not promoted due to
undergoing penalties/non-completion of 2 years residency period at the
material point of time. After completion of undergoing
penalties/residency period, they are now promoted as TTIs in Level-6
and posted to the stations mentioned against each.
x x x x
They are eligible for drawl of higher rate of pay from the date of
shouldering higher responsibility.”
This order was accepted by the applicant and has not been challenged.
15. Under the above circumstances, we find that the Respondents have extended
the eligible benefits to him, in notional/actual terms, from the due dates. He
cannot be treated as promoted in actual terms while being under punishment
and without assuming charge of the higher post. The order, dt.18.12.2017
clearly states that –
“The promotion of TTI in GP-4200, on being found suitable, has been
extended to Sri G.Kotireddy, w.e.f. 17.12.2013 i.e. after completion of
penalty on pro-forma basis and actual basis from 08.08.2017.”
16. As per the facts and the applicable rules, we find that no interference is called
for in the matter. The OA is, accordingly, dismissed. Pending MAs, if any,
stand closed. No order as to costs.
(Varun Sindhu Kul Kaumudi) (Manish Garg)
Administrative Member Judicial Member
16.10.2026
/ps/
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gmail.com, postalCode=500004, serialNumber=
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13a4eb590082, street=No. 05-10-193, 1st Floor, HACA
Bhavan, Saifabad, Hyderabad, telephoneNumber=
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