Facts
The applicants are retired Group ‘C’ railway employees from the Solapur and Hubli Divisions
Source reference: p. 2-6Following 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 or upgraded into common Grade Pays of Rs. 4200 or Rs. 4600 in Pay Band-2
Source reference: para 2The applicants contended that their pay as of 01.01.2006 was fixed incorrectly using standard fitment tables rather than applying "bunching benefits" under Rule 7 of the Railway Services (Revised Pay) Rules, 2008
Source reference: para 3They sought a refixation of pay with bunching increments, relying on the Jaipur Bench decision in S.C. Sharma v. Union of India
Source reference: para 2-3The respondents argued that the applications were barred by limitation (a delay of 16 years) and that the pay fixation was correct as no two consecutive stages in the pre-revised scales resulted in the same stage in the revised pay band
Source reference: para 4Issues
Whether the applicants are entitled to bunching benefits in their pay fixation 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 of the Explanatory Memorandum.
Source reference: para 6Law Applied
Rule 7 of the Railway Services (Revised Pay) Rules, 2008 (RBE 103/2008), which prescribes that pay in the revised pay band is determined by multiplying existing basic pay by a factor of 1.86
Source reference: para 13The first proviso to Rule 7(1)(A)(ii) defines "bunching" as occurring only when "pay at two or more consecutive stages in an existing scale gets fixed in the revised pay structure at the same stage in the pay band"
Source reference: para 13Note 2A and 2B of the Rules and subsequent clarifications in OM dated 13.10.2008 and RBE No. 172/2008, which specify that for upgraded or merged posts, the fitment tables corresponding to pre-revised scales must be used to determine pay in the pay band, to which the upgraded Grade Pay is added
Source reference: para 13, 16, 18Reasoning
The Tribunal clarified that "bunching" is not an automatic entitlement but a corrective measure to be applied only when fixation results in a senior and a junior (or two consecutive pay stages) drawing the exact same revised pay
Source reference: para 11-12, 25The Tribunal analyzed Illustration 4A and 4B of the Rules, noting that Illustration 4A (which the applicants relied upon) was specific to a pre-revised pay of Rs. 3125, which happened to bunch with the lower stage of Rs. 3050 upon revision
Source reference: para 16-17The court observed that the applicants had incorrectly calculated bunching by simply adding 3% increments based on the number of years served, whereas the Rule requires actual "bunching" at a single stage in the revised pay band to trigger the benefit
Source reference: para 7, 25The Tribunal further distinguished the S.C. Sharma precedent, noting that the Jaipur Bench did not have the benefit of the Ministry of Finance's clarifications (like RBE 172/2008), which mandated the use of fitment tables for determining pay in the pay band even for upgraded posts
Source reference: para 22-24In the lead case, the applicant's pay of Rs. 7700 was correctly fixed at Rs. 18,930 (including Grade Pay) as per the concordance table, with no evidence that this stage was "bunched" with another
Source reference: para 20, 25Holding
The Tribunal held that the applicants failed to prove they were drawing pay at consecutive stages that got fixed at the same stage in the revised pay band
Consequently, the claim for bunching increments was not "admissible" under the specific facts of their pay fixation
Source reference: para 25The Tribunal dismissed all the Original Applications, concluding that they lacked merit
Source reference: para 26All pending Miscellaneous Applications were also disposed of
Source reference: para 26Original Court PDF
RAFI AHMED GHOURIvsSOUTH WESTERN RAILWAY
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