Facts
The applicant applied for the post of Assistant Station Master (ASM) under Notification No. 1/2008 and cleared the examination
Source reference: p. 2he was found medically unfit (A-2 category) due to Diabetes Mellitus and vision issues
Source reference: p. 2, 7Following litigation in OA 715/2012 and W.P. No. 8033/2018, the Tribunal and High Court directed the respondents to appoint him
Source reference: p. 3it was determined that the applicant still did not meet the vision standards (6/6, 6/9) required for the safety category post of ASM
Source reference: p. 4, 7on 17.11.2022, the Tribunal directed the respondents to accommodate him in an alternative post
Source reference: p. 4, 8The applicant was appointed as a Senior Commercial-cum-Ticket Clerk (Sr.CCTC) in Level-5 on 09.03.2023
Source reference: p. 4He subsequently filed this OA seeking seniority, notional pay fixation, and arrears w.e.f. 27.12.2010 (the date of the original ASM appointment order) on par with his contemporaries
Source reference: p. 2, 5Issues
1. Whether the applicant is entitled to seniority, notional pay fixation, and arrears w.e.f. 27.12.2010 despite not joining service until 2023?
Source reference: p. 122. Whether an employee appointed to an alternative post on medical grounds can claim the pay scale and benefits of a post for which he was found medically unfit?
Source reference: p. 15Law Applied
The court applied the principle of "No work No pay" as endorsed by the Supreme Court in Union of India v. Tarasem Singh (Civil Appeal No. 4222/2006), which holds that arrears are not payable if duties of a higher post were not actually shouldered
Source reference: p. 9, 14Paragraph 303 of the Indian Railway Establishment Manual (IREM), Volume I (Chapter III), which stipulates that seniority for non-gazetted staff is determined by the order of merit in the examination held at the end of training
Source reference: p. 11Railway Board Circular RBE No. 27/2007 regarding the disentitlement to salary for periods not worked
Source reference: p. 9, 14Reasoning
The Tribunal reasoned that since the post of ASM is a "safety category," vision standards cannot be compromised in the interest of public safety
Source reference: p. 8, 14The applicant’s original non-appointment was due to medical unsuitability, not administrative fault
Source reference: p. 10Because the applicant accepted the alternative appointment as Sr.CCTC in 2023 and completed training only then, his service benefits cannot pre-date his entry into the department
Source reference: p. 13The Tribunal noted that from 2010 to 2023, the applicant was not on the rolls of the respondents and did not discharge any duties; thus, granting retrospective pay and seniority would violate the "No work No pay" principle
Source reference: p. 14the court emphasized that pay scales are attached to specific ranks and responsibilities; as the applicant never performed the duties of an ASM due to his medical condition, he has no legal claim to the ASM pay scale
Source reference: p. 15Holding
The Tribunal dismissed the OA, holding that the applicant is not entitled to seniority or pay fixation from 2010
The court affirmed that the applicant's date of appointment is 26.04.2023 (the date he reported for training), and his seniority must be fixed as per IREM rules from that date
Source reference: p. 12, 14No relief regarding arrears or notional fixation was granted as the applicant accepted the alternative post and its associated pay level without reservation at the time of appointment
Source reference: p. 13, 15Original Court PDF
VINOD KUMAR SINGHvsSOUTH CENTRAL RAILWAY
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