Raj Kumar vs Union Of India Through And Ors

The applicant has filed this OA seeking the following reliefs:-

"(a) That as Annexure A-1 to Annexure A-4 and Annexure A-20 to Annexure A-24, it was shown that these persons taking Grade Pay Rs.4,200/- wherein the applicant taking Grade Pay only Rs.2,400/- which is much less other than above. It shown that departmental authorities happened the policy of Pick & Choose Basis only. That the applicant is elgible to revision of his pension @ Rs.5600/-w.e.f. 01.04.2016 as per Annexure A-1 to Annexure A-4, and Annexure A-20 to Annexure A-24 which has not been properly assessed by the Departmental Authorities in the applicant's case. The same (Annexure A-8) may kindly be ordered to be Re-assessed by this Hon'ble Trib unal.

(b) That this Hon'ble Tribunal direct the Respondents to comply with the order of this Hon'ble Tribunal in a prescribed time.

(c) That this Hon'ble Tribunal direct the Respondents that they revised the applicant pension as per the 6th and 7th CPC in the scale of pay of the post of Shunting Master-I.

(d) That pension sanctioning authorities may also be directed to revise the applicant's pension as per the above rules and communicate the same to the applicant and the concerned pension Disbursing Authority to meet the ends of justice. The applicant is eligible to claim 10% p.a. Penal interest on the Arrears of above pension for the delay period.

(e) Allow any other further relief which this Hon'ble Court may deem fit and proper in the circumstances of this case in order to meet the ends of justice And

(f) Allow costs of this Application in favour of the humble applicant."

It is the case of the applicant that after being declared medically unfit as Shunting Master in Grade Pay Rs.2400 from A-two and A-three as per the opinion of the Medical Board vide letter dated 24.05.2012, he was placed in a Special Supernumerary Post. He alleged that he had not been provided any other alternative job and remained in his original Cadre, i.e. Shunting till his retirement. He further alleged that despite his name being listed as SI.No.3 in the seniority list of Shunting Master in Grade Pay Rs.2400, he was deprived of the promotion as Shunting Master in Grade Pay Rs.4200 as only 27 incumbents were promoted on 12.09.2014 while 31 persons were to be given the benefit of promotion under the cadre restructuring w.e.f. 01.11.2013. The applicant has thus pleaded that mere medically decategorization does not bar him from his legitimate right of promotion since he has not been deleted from the cadre of Shunting Master. He therefore, has a grievance that due to this inaction of the part of the respondents, he is getting less pension and is entitled to revision of his pension.

The respondents have contested the OA. They have filed their CA in which they are able to show that the applicant was medically unfit in medical category A-two & A-3 vide CM/DLI/letter no.54-MD/Decat/RK/12 dated 24.05.2012 and consequently, he was placed in a supernumerary post from 24.05.2012 in Grade Pay Rs.2400. They have contended that since at the time of decategorisation, the applicant was Shunting Master in 2400 GP, he was granted increment in GP 2400 and on attaining the age of superannuation on 31.03.2016, his basic pay was Rs.14280/- in PB 5200-20200 with GP 2400. As such, the applicant was not given less pension. The respondents, therefore, pray for dismissal of this OA.

The respondents have also been able to show from their reply that the services of the applicant cannot be utilized as Shunting Master as he was medically unfit for the said post, and resultantly, he was kept on supernumerary post we.f.. 24.05.2012 and till the date of his retirement, i.e., 31.03.2016, no suitable job has been found for him. They have further contended that since the applicant had been declared unfit for Shunting Cadre w.e.f. 24.05.2012, he could not be subsequently granted the benefit of cadre restructuring w.e.f. 01.11.2013. As such, the applicant was not entitled for any promotion in the cadre of Shunting Master after 24.05.2012. Hence, the contentions of the respondents that the applicant was decategorized on 24.05.2012 and promotions which he claims in the present OA, had only been arisen after the date of his decategorizaton, are found to be correct. After his decategorizatoin on medical grounds on 24.05.2012, he was allowed to continue in service on a supernumerary post which had a Grade Pay of Rs.2400. Hence, his contention that he be given promotion in a cadre from which he was decategorized on 24.05.2012 is not permissible. In view of the same, we do not find any illegality in his pension order as decided by the respondents of this OA. Accordingly, the OA is dismissed. No order as to costs.