The Tribunal vide its judgment had allowed the application filed by the respondents herein and had set aside the order dated 22nd February, 2001 issued by the Union of India.
The order was arbitrary as the function and duties of the TWDs were similar to that of the Goods Driver and these posts were treated to be inter changeable by the department which passed such orders of transfer from time to time.
Thus, they prayed that they be permitted to withdraw the same pay scale.
01.01.1986 in IV P.C. and Rs.
per day while on duty in terms of para 3.12 of the New Running Allowance Rules structuring of the cadre.
It may be numbericed that while disposing of that Writ Petition being Civil Petition No.
The facts giving rise to the present appeals are that the respondents are were working as Tower Wagon Drivers for short TWD under the Eastern Railways.
1.1.1986 and as a matter of fact, they have been paid salary in the same pay scale till the impugned order was issued.
5000 8000/ RSRP erroneously for which they were number entitled.
01.01.1996 in Vth P.C. xxx xxx xxx The staff companycerned should be intimated accordingly The respondents in the present appeal had challenged the validity of the above order before the Tribunal on various grounds including that they have always been placed at parity with the goods driver, they have been given similar scales and there was numberreason, whatsoever, for altering the pay scale to the prejudice of the respondents, which was in force for a companysiderable time.
1.1.1986 and also that they are number equivalent to the Goods Drivers.
After this allowance had been paid to the respondents, the Eastern Railways passed an order dated 22nd February, 2001 stating that they were granted higher pay scales inadvertently and the said scale is withdrawn as well as for recovery of amounts paid in excess of the amounts which ought to have been paid to the respondents in the lower scale.
This order of the Tribunal was companyfirmed by the High Court and the respondents made numbereffort to place anything on record to show that they were different and distinct classes and were entitled to receive different pay scales.
199/02/Misc.
The companyrectness of this order was questioned by the respondents before the Tribunal, submitting that they were granted the pay scale of Goods Driver vide IVth Pay Commission w.e.f.
1350 2200/ R.P. and scale Rs.
4143 of 1988 and C.O. No.
In paragraph 8 of its judgment the Tribunal numbericed that both the parties have number placed on record any material to indicate as to what was the pay scale provided for the TWDs pursuant to the various Pay Commission Reports.
It may also be pointed out that pursuant to the acceptance of the 5th Pay Commission Report by the Government, the Tower Wagon Drivers were given the salary in the pay scale of Rs.8000 8000/ w.e.f.
This was number paid to them resulting in the filing of a Writ Petition by them before the High Court of Calcutta.
This Writ Petition was allowed by the High Court and the Eastern Railways were directed to pay running allowance to the respondents.
1812 W of 1984 the Court passed the following Order After hearing the Learned Advocates and companysidering their submissions, we feel that a happy solution has been arrived at.
Even in the order dated 9th August, 2002 the Tribunal specifically numbericed that it was number even averted that eligibility criteria for the post of TWDs was different than that for the goods driver and their duties were substantially different.
These respondents claimed running allowance 120 k.m.
It will be useful for us to numberice the findings recorded by the Tribunal.
4500 7000/ RSRP w.e.f.
The matter was examined at some length by the Tribunal.
1.1.1996 in terms of Vth Pay Commission.
This application was companytested by Eastern Railways on behalf of the Union of India and it was stated that the scale was granted by inadvertent error and they are number entitled to the pay scale of Rs.1350 2200/ w.e.f.
As such their pay scale is revised to S.1320 2040 RSRP w.e.f.
They were promoted to the said post between the period 1979 1981.
In other words, either before the Tribunal or before the High Court the Union of India never pleaded the essential basis for justifying payment of different pay scales to two categories of drivers i.e. TWDs on the one hand and goods train drivers on the other.
01.01.1996 in IVth PC in the scale Rs.
The Tribunal specifically numbericed and recorded the finding that for the last 40 years, i.e. right from 1959 the respondents were being paid the same pay scale as goods drivers.
1.1.1986.
The time, we directed, was suggested by Mr. Chakrabarty on instructions from Mr. C.B. Chowdhury, Deputy Chief Electrical Engineer, Eastern Railway, who was present in Court.
C of 2001 22.02.01 With the approval of the companypetent authority the following order are issued to have immediate effect The pay of the following T.W. Drivers of Dhanbad Division was fixed in scale S. 1350 2900 RP w.e.f.
They companytinued to draw the prescribed pay scale which was subsequently revised to Rs.5,000 8,000/ w.e.f.
Swatanter Kumar, J. The Union of India being aggrieved from the judgment and order of a Division Bench of the Calcutta High Court dated 2nd March, 2005 dismissing, the Writ Petition filed by the Union of India against the order of the Central Administrative Tribunal, Calcutta, hereinafter referred to as the Tribunal dated 18th January, 2002, has filed the present appeal under Article 136 of the Constitution of India.
