CAT - Bangalore

Bunching benefits are not automatic and require actual merging of consecutive pre-revised pay stages.

MALLIKARJUN VAZIRAPPA vs CENTRAL RAILWAY

CAT - BangaloreJUDGMENT: March 26, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants are retired railway employees from the South Western and Central Railway divisions

Source reference: para 2

Following the implementation of the 6th Central Pay Commission (CPC) recommendations, several pre-revised pay scales (Rs. 5000-8000, Rs. 5500-9000, and Rs. 6500-10500) were merged into common Grade Pays of Rs. 4200 and Rs. 4600

Source reference: para 2

The applicants contended that their pay was incorrectly fixed using fitment tables applicable to normal replacements rather than following the bunching benefit provisions under Rule 7(1)(A) of the Railway Services (Revised Pay) Rules, 2008

Source reference: para 3

They argued that under Illustration 4A/4B of the Rules, they were entitled to additional increments to avoid "bunching" (where seniors and juniors end up at the same pay stage)

Source reference: para 3, 7

The respondents maintained that the pay fixation followed RBE No. 103/2008 and that bunching increments only apply if two or more consecutive stages in an existing scale result in the same revised pay, which did not occur in the applicants' cases

Source reference: para 4
02

Issues

Whether the applicants are entitled to bunching benefits under Rule 7(1)(A)(i) and (ii) of the Railway Services (Revised Pay) Rules, 2008, read with Note 2A/2B and Illustrations 4A/4B appended thereto?

Source reference: para 6
03

Law Applied

The court primarily applied Rule 7 of the Railway Services (Revised Pay) Rules, 2008 (RBE 103/2008), which stipulates that revised pay is determined by multiplying existing basic pay by a factor of 1.86

Source reference: para 13

The "bunching" proviso therein mandates that if two or more consecutive stages in an existing scale get fixed at the same stage in the revised pay band, one additional increment (3% of pay in the pay band) shall be given for every two stages so bunched

Source reference: para 13

The court also relied on Note 2A (Upgradation) and Note 2B (Merger) of the Rules, read with OM dated 13.10.2008 and RBE No. 172/2008, which clarify that in cases of upgradation, the fitment table of the pre-revised scale must be used to determine the pay in the pay band, to which the upgraded Grade Pay is then added

Source reference: para 13, 16
04

Reasoning

The Tribunal clarified that "bunching" is an exceptional measure to alleviate instances where pay progression is unfairly neutralized by revision; it is not an automatic entitlement for every merged or upgraded scale

Source reference: para 11-12

The court analyzed Illustration 4A and 4B of the Explanatory Memorandum, noting that Illustration 4A (which the applicants relied upon) was specifically applicable only when the pre-revised pay of Rs. 3125 bunched with the lower stage of Rs. 3050 after multiplication by 1.86

Source reference: para 16-17

The Tribunal found that the applicants' calculations were misplaced because they sought to apply Illustration 4A as a universal rule rather than a specific example of admissibility

Source reference: para 24-25

Regarding the precedent S.C. Sharma v. UOI, the Tribunal distinguished it, noting that the Jaipur Bench in that case was not informed of specific Government clarifications (RBE No. 172/2008) which mandated the use of fitment tables even for upgraded posts

Source reference: para 22

The Tribunal concluded that since the applicants’ revised pay stages did not result in identical figures for consecutive pre-revised stages, no "bunching" occurred

Source reference: para 25
05

Holding

The Tribunal held that the applicants were not entitled to bunching benefits as they failed to demonstrate that their pay stages were bunched according to the criteria defined in Rule 7

The court ruled that the term "if admissible" in the Illustrations is pivotal and requires a factual overlap of pay stages, which was absent here

Source reference: para 25

Consequently, the Original Applications were dismissed for lack of merit

Source reference: para 26
CAT - Bangalore

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MALLIKARJUN VAZIRAPPAvsCENTRAL RAILWAY

CAT - Bangalore · March 26, 2026

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