The issue which arises in these appeals from the orders of the Central Administrative Tribunal, Jabalpur, relates to the stepping up of the pay of the respondents who were promoted as Loco Running Supervisor prior to 1st January, 1986 vis a vis the pay of one Sh.
191/94 and 768/93 were filed by the other respondents seeking the benefit of stepping up.
The respondent was appointed as a Fireman Grade I in the running cadre in the year 1949.
The pay scales of the running staff are companysidered to be incommensurable with the ordeal of their duty and, therefore, to balance that element the running allowance is given to encourage greater efficiency in the running staff.
Kareer was senior to the respondents as Driver Grade C. The respondents then opted to be promoted to the stationary post of Loco Supervisor directly from the post of Driver Grade C which they were holding.
4664/197 SLP No.
In other words, Sh.
The locomotive drivers are eligible for promotion, amongst other posts, to those of Loco SupervisOrs.
It appears that in the pay of respondent O.P. Saxena was stepped up but when the department discovered that the benefit had been wrongly given to him his pay was refixed and recoveries were made of the excess amount paid to him.
On 1st January, 1981 he was promoted as Driver Grade B in the scale of Rs.
Civil Appeal No.
It includes drivers, guards, firemen, shunters and brakesmen.
CC 23426/94.
Leave granted.
The aforesaid Sh.
425 640 and his pay was fixed at Rupees 580/ .
addition which resulted in his getting higher pay than the respondents.
Kareer was promoted as Driver Grade A in the scale of Rs.
As the questions of facts and law in these appear are the same, therefore, we propose to dispose of these appeals by a companymon judgment.
With the revision of pay scales with effect from 1st January, 1986 Sh.
At that time the respondents were working on the stationary post of Loco Supervisors while Sh.
The question involved in this case is similar to the one in Civil Appeal No.
With effect from 1st January, 1986 revised pay scales came into existence as a result of the fourth pay companymission report.
Thereafter on 28th November, 1984 Sh.
It did number accept the companytention of the appellant that Sh.
The running staff are entitled to an allowance called the running allowance in view of the nature of their duties pertaining to the running of trains.
Having retired on 31st March, 1988, in July, 1991 he filed an application before the Central Administrative Tribunal for stepping up of his pay to bring it at par with that of Sh.
Kareer chose to remain in the running staff.
Kareer was senior to the respondent O.P. Saxena and, furthermore, on a companyrect interpretation of the Railway Boards letter dated 16th August, 1988 the principle of stepping up was number applicable.
Kareer had been promoted as Driver Grade C on 29th August, 1961 and was placed in the grade of Rs.
8852 of 1996.
550 750.
550 700.
In the Railway Administration there is a category of staff called the running staff which is involved in the running of trains.
Kareer and the respondents, at one time, were holding the running post of Driver Grade C. Sh.
He was promoted to the post of Driver Grade C and on 27th June, 1965 he was promoted to the stationary job as ALF.
Thereafter he was appointed to various stationary posts and was allowed the benefit in fixation of pay in the respective posts and grades.
For the aforesaid reasons the appeals are allowed.
O.P. Saxena challenged the aforesaid decision by filing OA No.
700/ in the grade, his pay on the stationary post was fixed at Rs.
Leave granted.
His salary on 1st January, 1986, after the fourth Pay companymission report, was fixed at Rs.
As in the running cadre he was drawing the maximum of Rs.
Their promotion was made prior to 1st January, 1986 and they were placed in the grade of Rs.
S.K. Sood was getting higher pay than him.
As the respondent had been posted on the stationary post from the running post of Driver Grade C, while Sh.
2360/ as on 1st January, 1986 while the salary of respondent O.P. Saxena on the stationary post which he was holding was Rs.
462 of 1994 before the Central Administrative Tribunal, Jabalpur.
Kareer was fixed according to the scales which were approved for the running staff including the running allowance.
The orders dated 18th May, 1995 and 4th October, 1995 of the Tribunal in OA Nos.
The only difference is that the respondent in this appeal claimed stepping up of his salary by companytending that his junior one Sh.
Kareer was drawing more salary as Driver Grade A, just before his appointment as a Loco Supervisor, than the respondents.
24606/96 .
O.A. Nos.
150 240 and the respondents had been promoted and appointed as Drivers Grade C from a date subsequent to 29th August, 1961.
Kareers pay was fixed at Rs.
O.P. Saxena and came to the companyclusion that stepping up of the pay was admissible to him.
Sood and also to give him companysequential benefits.
P.N. Kareer who was promoted to that post after 1st January, 1986 but was drawing higher pay than the respondents.
