Stepping up pay limited to first junior; second stepping up requires specific conditions.

The applicant, Sri Mohan Paswan, a retired employee of Eastern Railway, was medically de-categorized on April 29, 2004, and offered an alternative post of Crew Controller.

His erstwhile junior, Sri Kajal Kumar Das, was medically de-categorized on August 29, 2010, and absorbed as Assistant Crew Controller (R) effective March 26, 2009.

The applicant submitted representations on November 9, 2009, April 21, 2010, and July 16, 2019, praying for stepping up of his pay at par with his juniors, including Sri Kajal Kumar Das and Sri Ashutosh Maity.

An earlier Original Application (O.A. No. 350/170/2020) filed by the applicant was disposed of on February 13, 2020, directing the respondents to consider his representation dated July 16, 2019, in light of an earlier order and issue a reasoned speaking order.

Pursuant to this, the Senior Divisional Personnel Officer (Respondent No. 4) ordered the stepping up of the applicant's pay at par with Sri Kajal Kumar Das on October 21, 2020.

However, the applicant filed the instant O.A., aggrieved that his pay had not been stepped up with another junior, Sri Ashutosh Maity, who was medically de-categorized on August 5, 2009, and posted as Crew Controller on February 2, 2010.

Sri Ashutosh Maity's pay was fixed at Rs. 1,12,400/- on January 1, 2016, while the applicant's pay was fixed at Rs. 94,100/-, leading to the applicant drawing less pension.

The applicant contended that his case was covered by an order of the Bombay Bench of the Central Administrative Tribunal dated January 30, 1995, in O.A. No. 435 of 1994, which allowed for a second stepping up of pay.

The respondents argued that stepping up of pay is permitted only once with reference to the first junior, as per Master Circular No. 56 of the Railway Board and RBE No. 236/2009 dated August 17, 2009.

1. Whether the applicant is entitled to the benefit of stepping up of pay at par with his junior Sri Ashutosh Maity, despite his pay already being stepped up once with another junior, Sri Kajal Kumar Das?

2. Whether the provisions of Master Circular No. 56 and RBE No. 236/2009, which generally limit stepping up of pay to only once, preclude a second stepping up in the applicant's case?

The court primarily applied the provisions of Master Circular No. 56 issued by the Railway Board regarding instructions on fixation of pay, specifically Para 33 (i, ii, iii) and Para 34.

Para 33(ii) states that the stepping up of pay of a senior person with reference to the pay of the first junior, where an anomaly has arisen, can be allowed only once.

Para 34 provides an exception, stating that if the pay of the senior 'A' is stepped up with reference to the first junior 'B', and later the pay of 'B' is stepped up with reference to another junior 'C', then the pay of 'A' may again be stepped up at par with 'B' provided all general conditions for stepping up of pay are satisfied.

The court also referred to RBE No. 236/2009 dated August 17, 2009, particularly condition (d) which states, "Stepping up will be allowed only once, the pay so fixed after stepping up will remain unchanged".

Additionally, the applicant cited an order from the Bombay Bench of the Tribunal dated January 30, 1995, in O.A. No. 435 of 1994, which interpreted MHA, OM, dated March 31, 1984, to allow a second stepping up if justified under FR22.C, irrespective of the "only once" instruction in the OM.

The court found that the respondents were justified in stepping up the applicant's pay only once, specifically on par with his immediate junior, Sri K.K. Das, in accordance with RBE No. 236/2009 and Master Circular No. 56.

The court noted that RBE No. 236/2009 explicitly states that stepping up will be allowed only once.

While Para 34 of Master Circular No. 56 allows for a second stepping up under specific conditions (if the first junior's pay is further stepped up with reference to another junior), the applicant did not demonstrate that these conditions were met in his case concerning Sri Ashutosh Maity.

The court considered the applicant's reliance on the Bombay Bench order of January 30, 1995, but noted that no material was placed before it to demonstrate whether that order had attained finality or been implemented.

Thus, the reasoning of the earlier Bombay Bench order, which allowed a second stepping up based on a different OM and FR22.C, was not applied because the current case was governed by the specific provisions of RBE No. 236/2009 and Master Circular No. 56, which generally limit stepping up to once.

The court upheld the respondents' decision to grant only a single stepping up of the applicant's pay, on par with his immediate junior, Sri K.K. Das, in compliance with RBE No. 236/2009 dated August 17, 2009, and Master Circular No. 56 issued by the Railway Board.

The applicant's prayer for a second stepping up of his pay with Sri Ashutosh Maity was denied.