Ramesh Chandra Arora vs Union Of India And Ors

L. Narasimha Reddy, J

The applicant retired from the service of Northern Railways as Senior Section Engineer (SSE) on 31.10.2006. His pay at the time of retirement was fixed at Rs.10,375/-. The applicant made a representation to the respondents, stating that SSE Ex., by name Sh. S.K. Wadhawa, who was junior to him, was drawing higher pay and on application of Next Below Rule (NBR), his pay needs to be enhanced. Acting on the representation, the respondents issued proceedings dated 07.10.2013, enhancing the pay of the applicant to Rs.10,600/- w.e.f. 01.01.2006. Not satisfied with that, the applicant filed this OA.

The applicant contends that the respondents ought to have revised his pay to Rs.11,050/- from 01.01.2006 which corresponded to Pay Band of Rs.9300-34800 with Grade Pay of Rs.4600. He has also claimed interest at the rate of 18% per annum on the differential amount payable to him.

The respondents filed a counter affidavit, opposing the OA. It is stated that the pay of the applicant was at Rs.10,375/- and on consideration of his representation, it was enhanced to Rs.10,600/-. They stated that various contentions of the applicant are not borne by record and no error is crept in the order dated 07.10.2013.

We heard Shri Rishi Jain, learned counsel for the applicant and Shri Kripa Shankar Prasad, learned counsel for the respondents.

The pay of the applicant was at Rs.10,375/- by the time of his retirement. That in turn constituted the basis for fixation of his pension. The applicant did not point out any anomaly in this behalf. However, his effort was to draw a comparison with an SSE, who is junior to him. Acting on that, the respondents passed a detailed order dated 07.10.2013, indicating the pay structures of both the officers ever since they joined the service in the year 1973. It was ultimately pointed out that pay of Mr. Wadhawa, as on 01.01.2005, was Rs.10,375/- and since the applicant was senior to him, his pay was revised to Rs.10,600/-. In a way, the plea of the applicant is accepted and his pay, as on 01.01.2006, was revised.

Though the applicant states that his pay ought to have been fixed at Rs.11,050/-, we do not find any basis for that. Two factors become relevant. The first is that the applicant is not able to point out that the fixation of his pay as Rs.10,350/-is in any way erroneous. Secondly, the pay of other SSE Ex. was taken note of and on a comparison, it was enhanced to Rs.10,600/-. Even there, the applicant is not able to point out the basis for claiming a higher amount of pay of Rs.11,050/- as on 01.01.2006.

We do not find any merit in the OA. It is accordingly dismissed. There shall be no order as to costs.