Facts
The applicant, formerly a Coach Attendant, was redeployed as Helper Khalasi after the Coach Attendant posts became surplus.
Source reference: no citationHe did not join the redeployed post.
Source reference: no citationFollowing earlier proceedings, the Tribunal directed that pension and other retiral dues be calculated on the basis of service actually rendered up to 2005, without notional benefits for the period after his absence.
Source reference: para. 4; para. 9His initial PPO recorded him as a Porter in Group D with Grade Pay of ₹1,800.
Source reference: para. 4During this OA, the respondents revised the PPO to show him as Porter (Commercial), a Group C post, with Grade Pay of ₹1,900, and stated that the resulting arrears had been paid.
Source reference: paras. 4, 7, 11The applicant nevertheless sought recognition as Passenger Attendant Grade-I and corresponding revision of his pension and arrears.
Source reference: para. 3Issues
1. Whether the applicant was entitled to have his pension and retiral benefits calculated on the basis of the post and pay scale of Passenger Attendant Grade-I, rather than the post of Porter (Commercial) recorded in the revised PPO.
Source reference: paras. 9–112. Whether any further arrears were payable despite the respondents’ assertion that they had revised the PPO and paid the consequential benefits.
Source reference: para. 11Law Applied
The Delhi High Court, in All India Shramik & Coach Attendants Association v. Union of India, W.P. (C) No. 566/2000, directed placement of the petitioners in the pay scale of ₹110–180 from their re-categorisation as Passenger Attendant Grade-I, with subsequent pay-scale revisions and consequential benefits.
Source reference: para. 10In the applicant’s earlier OA, the Tribunal held that retiral dues, including pension, were payable on the basis of service actually rendered until 2005, but denied notional benefits for the period after the applicant ceased attending duty.
Source reference: para. 9In OA No. 665/2024, the Tribunal applied the High Court’s ruling to similarly situated employees and directed that pay and pension be refixed on the basis that they had retired as Passenger Attendant Grade-I.
Source reference: para. 10Reasoning
The Tribunal considered the earlier High Court ruling and its own decisions concerning similarly situated Coach Attendants.
Source reference: para. 10Those decisions supported calculation of benefits by reference to Passenger Attendant Grade-I, rather than merely the post held before redeployment.
Source reference: para. 10However, the respondents stated that the applicant’s PPO had since been revised to show a Group C Porter (Commercial) post with Grade Pay of ₹1,900 and that benefits had been paid.
Source reference: para. 11On that basis, the Tribunal partly allowed the OA and directed payment of arrears in lieu of the revised PPO if the benefits had not in fact been extended.
Source reference: paras. 10–11Holding
The OA was partly allowed.
The respondents were directed to pay the arrears due under the revised PPO dated 29 April 2024, if those benefits had not already been extended, within three months of receiving a certified copy of the order.
Source reference: paras. 11–12If they failed to do so, interest at the GPF rate would apply.
Source reference: paras. 11–12The Tribunal awarded no costs.
Source reference: paras. 11–12Original Court PDF
DINESHWAR PRASAD TIWARIvsNORTH CENTRAL RAILWAY
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