Case Note & Summary
The Union of India and railway authorities (petitioners) challenged an order dated 28.11.2017 passed by the Central Administrative Tribunal, Bengaluru Bench, in O.A.No.992/2015. The respondent, S Ravi, a Complaints Inspector in South Western Railway, had filed the original application challenging an order dated 13.7.2015 which refixed his pay upon his repatriation from an ex-cadre post to his cadre post. The Tribunal allowed the application, holding that since the respondent had been working in the same scale of pay all along, refixation was not warranted. The High Court, hearing the writ petition under Articles 226 and 227 of the Constitution, found no merit in the petitioners' challenge. The court noted that the respondent was repatriated to the parent cadre in the same scale of pay and was entitled to the same benefit. The writ petition was dismissed, affirming the Tribunal's order.
Headnote
A) Service Law - Pay Refixation - Repatriation from Ex-Cadre to Cadre Post - Protection of Pay - The respondent, while working in an ex-cadre post, was repatriated to his parent cadre post. The petitioners sought to refix his pay based on the lower cadre post. The Tribunal held that since the respondent continued in the same scale of pay throughout, refixation was not justified. The High Court upheld the Tribunal's order, finding no error. (Paras 2-4)
B) Service Law - Central Administrative Tribunal - Jurisdiction - Writ Petition under Articles 226 and 227 - The High Court, in exercise of its supervisory jurisdiction, declined to interfere with the Tribunal's order as it was based on proper appreciation of facts and law. (Para 4)
Issue of Consideration
Whether the Central Administrative Tribunal was correct in setting aside the order of refixation of pay of the respondent on his repatriation from ex-cadre post to cadre post, and whether the respondent is entitled to the same pay scale as he enjoyed in the ex-cadre post.
Final Decision
The High Court dismissed the writ petition, upholding the CAT order dated 28.11.2017.
Law Points
- Pay refixation on repatriation
- Ex-cadre to cadre post
- Same scale of pay
- Protection of pay
- Railway Establishment Code
Case Details
2019 LawText (KAR) (11) 50
W.P.No. 23647/2018 (S-CAT)
S N Satyanarayana, Sachin Shankar Magadum
Abhinay Y.T (for petitioners), B.S. Venkatesh Kumar (for respondent)
Union of India, Sr. Divisional Personnel Officer, Divisional Railway Manager
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Central Administrative Tribunal, Bengaluru Bench, in O.A.No.992/2015.
Remedy Sought
Petitioners (Union of India and railway authorities) sought to quash the CAT order dated 28.11.2017 and dismiss the original application.
Filing Reason
The respondent's pay was refixed upon repatriation from an ex-cadre post to a cadre post, which he challenged before the CAT.
Previous Decisions
The CAT allowed the respondent's application, setting aside the refixation order dated 13.7.2015.
Issues
Whether the CAT order setting aside the pay refixation on repatriation was correct.
Whether the respondent is entitled to the same pay scale as enjoyed in the ex-cadre post.
Submissions/Arguments
Petitioners argued that refixation was justified as per rules.
Respondent contended that he continued in the same scale of pay and refixation was unwarranted.
Ratio Decidendi
When a person is repatriated to the parent cadre in the same scale of pay, he is entitled to the same benefit as he enjoyed in the present scale of pay; refixation on the basis of the cadre post is not justified.
Judgment Excerpts
Admittedly, the proceedings in O.A.982/2015 was initiated by the sole respondent herein in challenge to the order dated 13.7.2015...
The said application came to be allowed on the ground that the applicant has been working in the cadre post in the same scale of pay all along...
When a person is repatriated to the parent cadre in the same scale of pay he is entitled to get same benefit as he enjoyed in the present scale of pay.
Procedural History
The respondent filed O.A.No.992/2015 before the Central Administrative Tribunal, Bengaluru Bench, challenging the pay refixation order dated 13.7.2015. The CAT allowed the application on 28.11.2017. The petitioners (respondents in the OA) filed the present writ petition under Articles 226 and 227 of the Constitution before the High Court of Karnataka, which dismissed the petition on 19.11.2019.
Acts & Sections
- Constitution of India: Articles 226, 227
