RP.No.153 of 2020 & connected cases in O.P (CAT) Nos. 1907/2012, 2905/2013, 2100/2012, 2247/2012 - High Court of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942 R.P.No.153 OF 2020 IN O.P (CAT). 1907/2012** **AGAINST THE JUDGMENT IN OP (CAT) 1907/2012(Z) DATED 18.10.2019 OF HIGH COURT OF KERALA** ## **PETITIONERS/ RESPONDENTS IN OP:** - **1 A.V.KARUNAKARAN, AGED 57 YEARS, S/O.VELUSANKU, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, PALAKKAD, RESIDING AT ALUNKAL HOUSE, LAKSHMI NAGAR, KAVILPADU P.O., OLAVAKKODE, PIN - 678 012.** - **2 K.ANIL KUMAR, AGED 56 YEARS, S/O.LATE N.KRISHNAPILLA, CHIEF OFFICE SUPT (PREVIOUSLY CHIEF LOCO INSPECTOR), OFFICE OF THE SSE/C&W, SOUTHERN RAILWAY, PALAKKAD, RESIDING AT RAILWAY QUARTERS NO.494/B, OLAVAKKODE, PIN - 678 002.** - **3 T.R.NIRANJAN, AGED 55 YEARS, S/O.LATE T.A.RAJAN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, SHORANUR, RESIDING AT THALAKKATTU HOUSE, CHITHANJUR P.O., KIZHUR VIA., PIN - 680 523.** - **4 P.SIVASANKAR, AGED 58 YEARS, S/O.LATE P.SANKARAN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, SHORANUR, RESIDING AT PANNISSERY HOUSE, PERUMPILAVI P.O., THRISSUR DIST., PIN - 680 519.** - **5 P.P.SASIKUMAR, AGED 56 YEARS, S/O.PARAMESWARAN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, SHORANUR, RESIDING AT SHARIERS VILLA, NEAR POST OFFICER, AUP SCHOOL ROAD, SHORANUR, PIN - 679 121.** - **6 M.V.CHERIAN, AGED 57 YEARS, S/O.VARGHESE EAPEN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, PALAKKAD, RESIDING AT MADAKAL KRIPA BHAVAN, SRI DURGA NAGAR, KALLEKULANGARA P.O., PALAKKAD, PIN - 678 009.** **BY ADVS. SRI.T.C.GOVINDASWAMY SMT.KALA T.GOPI** **RP.No.153 of 2020 & - 2 - connected cases** ## **RESPONDENTS/ PETITIONERS 1 TO 4 IN THE OP(CAT):** - **1 UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI - 110 001.** - **2 THE GENERAL MANAGER, SOUTHERN RAILWAY HEADQUARTERS OFFICE, PARK TOWN POST, CHENNAI - 600 003.** - **3 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN POST, CHENNAI - 600003.** - **4 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT - 678 002.** **R1 TO R4 BY SRI.S.RADHAKRISHNAN, SC, RAILWAYS.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12.08.2020, ALONG WITH RP.100/2020, RP.134/2020, RP.233/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:-** **- 3 -** **RP.No.153 of 2020 & connected cases** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942 R.P.No.100 OF 2020 IN O.P (CAT).2905/2013** **AGAINST THE JUDGMENT IN OP (CAT) 2905/2013(Z) DATED 18.10.2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONER/S:** - **1 K.S RAJENDRA KUMAR, AGED 55 YEARS, S/O.D.SUKUMARAN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, RESIDING AT ARA 257, SREE RAGAM, MUGHAKAD ROAD, ANAYARA P.O., THIRUVANANTHAPURAM - 29.** - **2 J.KRISHNANKUTTY, AGED 55 YEARS S/O.R.JANARDHANAN PILLAI,** **CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, KOLLAM, RESIDING AT ATTOOR HOUSE, TEMPLE NAGAR 22, KOTTARAKKARA, KOLLAM DIST., PIN - 691 506.** **BY ADV. SRI.T.C.GOVINDASWAMY** ## **RESPONDENT/S:** - **1 UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI-110 001.** - **2 GENERAL MANAGER, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI - 600 003.** - **3 CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600 003.** - **4 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT - 678 002.** **RP.No.153 of 2020 & - 4 - connected cases** - **5 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM - 695 014.** **R1-R5 BY SRI.N.K.SUBRAMANIAN, SC, RAILWAYS** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12.08.2020, ALONG WITH RP.134/2020, RP.153/2020, RP.233/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **- 5 -** **RP.No.153 of 2020 & connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942 R.P.No.134 OF 2020 IN O.P (CAT).2100/2012** **AGAINST THE JUDGMENT IN OP (CAT) 2100/2012(Z) DATED 18.10.2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONERS/ RESPONDENTS IN THE OP(CAT):** - **1 C.ABDULLA, AGED 57 YEARS, S/O. LATE C. MOIDEEN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, SHORANUR, RESIDING AT CHAKRATHODI HOUSE, PATTICAD P.O, MALAPPURAM DIST. PIN - 679 325.** - **2 B. SATHYENDRAKUMAR, AGED 55 YEARS, S/O. K. BHARATHAN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, KANNUR, RESIDING AT KARTHIKA, CK PURAM, CHALAD P.O, KANNUR 670 014** - **3 P.N.GOPALAKRISHNAN, AGED 56 YEARS S/O. LATE GOPALAKRISHNAN NAMBIAR, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, MANGALORE JUNCTION, RESIDING AT RAILWAY QUARTERS NO.34 A, RAILWAY COLONY, MANGALORE** - **4 T.RAGHAVAN, AGED 57 YEARS, S/O. K. NARAYANAN, CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, KOZHIKODE, RESIDING AT KALYANI, KANDAN KALI P.O, PAYYANNUR, KANNUR DIST** **BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI** **RP.No.153 of 2020 & - 6 - connected cases** ## **RESPONDENTS/ PETITIONERS 1 TO 4 IN THE OP(CAT):** - **1 UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS RAIL BHAVAN, NEW DELHI 110 001** - **2 THE GENERAL MANAGER, SOUTHERN RAILWAY HEADQUARTERS OFFICE, PARK TOWN POST, CHENNAI 600 003** - **3 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY , HEADQUARTERS OFFICE, PARK TOWN POST, CHENNAI 600 003** - **4 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT 678 002** - **R1 TO R4 BY SRI.S.RADHAKRISHNAN, SC, RAILWAYS.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12.08.2020, ALONG WITH RP.100/2020, RP.153/2020, RP.233/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **- 7 -** **RP.No.153 of 2020 & connected cases** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942** **R.P.No.233 OF 2020 IN O.P (CAT). 2247/2012** **AGAINST THE JUDGMENT IN OP (CAT) 2247/2012(Z) DATED 18.10.2019 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONERS/ RESPONDENTS 1 & 2:** - **1 K.N.RADHAKRISHNAN, AGED 56 YEARS, S/O.LATE N.R.NARAYANA PILLAI,** - **CHIEF LOCO INSPECTOR, SOUTHERN RAILWAY, ERNAKULAN JN., RESIDING AT MULLEPPILLIL PADMALAYAM, MULLEPPILLI ROAD, EAST KODUNGALLOOR, U.C.COLLEGE P.O., ALUVA - 02.** - **2 P.N.JAYARAJ, AGED 56 YEARS, S/O.LATE VK NADARAJAN, SENIOR LOCO INSPECTOR, SOUTHERN RAILWAY, KOLLAM, RESIDING AT PUSHPAVADIYIL HOUSE, MALAYALAPUZHA ERAM POST, PATHANAMTHITTA DISTRICT - 689 664.** **BY ADVS. SRI.T.C.GOVINDASWAMY SMT.KALA T.GOPI** ## **RESPONDENTS/ PETITIONERS 1 TO 5:** - **1 UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI - 110 001.** - **2 THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN POST, CHENNAI-600 003.** - **3 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN POST, CHENNAI - 600 003.** **RP.No.153 of 2020 & - 8 - connected cases** - **4 SR. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT - 678 002.** - **5 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM - 695 014.** **R1 TO R5 BY SRI.A.DINESH RAO, SC, RAILWAYS.** **THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 12.08.2020, ALONG WITH RP.100/2020, RP.134/2020, RP.153/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **- 9 -** **RP.No.153 of 2020 & connected cases** **K.Vinod Chandran & V.G.Arun, JJ. --------------------------------------------R.P.No.153/2020 in O.P (CAT) No.1907/2012, R.P.No.100/2020 in O.P (CAT) No.2905/2013, R.P.No.134/2020 in O.P (CAT) No.2100/2012 & R.P.No.233/2020 in O.P (CAT) No.2247/2012** **-------------------------------------------Dated, this the 12[th] day of August, 2020** ## **ORDER** ## **Vinod Chandran, J.** **The review petitions are filed based on an order issued by the Government of India, Ministry of Railways (Railway Board), No.E(P&A)II/2008/RS-37 dated 27.01.2020, subsequent to our judgment.** **2. The common judgment considered the stepping up of pay of admitted seniors who were promoted prior to 01.01.2006 as Senior Loco Inspectors, to make it at par with that of their admitted juniors promoted after 01.01.2006. The anomaly was occasioned since there was a fast track promotion to the post of Senior Loco Inspectors from Loco Pilot (Goods). The regular feeder category was Loco Pilot (Mail), which was a post in the hierarchy of promotions, the feeder category to which was Loco Pilot (Passenger). Loco Pilot (Goods) was the feeder category for promotion to the post of Loco Pilot (Passenger). Hence, seniors in the cadre of Loco Pilot (Goods) were promoted prior to 01.01.2006. Their juniors, through the regular** **- 10 -** **RP.No.153 of 2020 & connected cases** **promotional hierarchy, reached the post of Loco Pilot (Mail) and then got promoted to the post of Loco Pilot Supervisors.** **3. We found that the judgments of the Hon'ble Supreme Court in** _**Union of India v**_ **.** _**O.P.Saxena**_ **[** _**(1997) 6 SCC 360**_ **] and** _**Surendra Kumar v**_ **.** _**Union of India & Ors**_ **.[** _**(2005) 2 SCC 313**_ **] specifically held such stepping up of pay to be permissible only if the promotion to the higher post were from the same lower post. In the present case, admittedly those who were promoted from the post of Loco Pilot (Mail) had a higher pay in that post and in such circumstance was fixed with a higher pay in the promotion post of Senior Loco Inspectors. We, hence, rejected the claim made by the seniors who were the applicants before the Tribunal.** **4. In fact one of the Original Petitions, O.P (CAT) No.2100 of 2012, was from O.A.No.1001 of 2010. The order in O.A.No.1001 of 2010 was followed by various High Courts and the Special Leave Petitions from such judgments of the various High Courts were dismissed by the Hon'ble Supreme Court. This was pointed out to us in the course of arguments and we have specifically referred to the same. We were of the opinion that O.A.No.1001 of 2010 was wrongly decided especially against the dictum in** _**O.P.Saxena**_ **. We,** **RP.No.153 of 2020 & connected cases** **==> picture [59 x 11] intentionally omitted <==** **hence, took a different view as distinguished from the opinion of the various High Courts, especially since the dismissal of the Special Leave Petitions by the Hon'ble Supreme Court would not lead to a merger of the decision of the High Court with that of the Supreme Court.** **5. Now the learned Counsel has pointed out that the order dated 27.01.2020 of the Railway Board we referred to at the outset, has allowed similar claims of every Senior Loco Inspector appointed prior to 01.01.2006 only to ensure that multiplicity of litigation is avoided. As far as the applicants before us, they would be disentitled for reason of the judgment of this Court, is the submission.** **6. It is to be noticed that in our judgment we also noticed the specific anomaly by which the seniors who had opted a fast track promotion were prejudiced with a lesser pay than their own juniors, who were admittedly their juniors in the lower category and the promoted category. We also pointed out that the anomaly was occasioned for the reason of the new pay scales introduced from 01.01.2006 onwards. The 6[th] Pay Commission of 2006 introduced pay bands with grade pay, where there were merger of various categories in a particular pay band with differing grade pays or similar ones. We also** **RP.No.153 of 2020 & - 12 - connected cases** **noticed that a Committee constituted by the Government of India, Ministry of Railways (Railway Board) had made some recommendations through an order bearing No.ERB-1/2008/23/29 dated 13.10.2008. We noticed that one of the recommendations would have mitigated the grievance of the applicants, which though considered by the Railway Board was not accepted when deciding the terms of the step up. It was only since none of the applicants had challenged the decision of the Railway Board, we declined the prayers.** **7. If now the Railway Board has taken a decision to grant the step up even to persons similarly situated like the applicants, there is no reason why our judgment should stand in the way of such step up being granted. Similarly placed persons have been granted step up based on the aforesaid decision of the Railway Board. We, hence, make it clear that if similarly placed Senior Loco Inspectors who have been appointed prior to 01.01.2006 have been granted step up of pay to make them at par with their identified juniors, necessarily the applicants should also be granted the same despite our rejecting that relief. On the basis of the recommendation of the Committee, we had issued a direction to the Ministry of Railways (Railway Board) to look into the anomaly to provide sufficient** **RP.No.153 of 2020 & - 13 - connected cases** **succor to persons similarly situated as the applicants herein. The said direction would suffice insofar as the implementation of the order dated 27.01.2020 even in the case of the applicants herein, provided they are similarly placed to the ones who were allowed the benefit of step up. We dispose of the review petitions with the above observations. There shall be no order as to costs.** **Sd/K.VINOD CHANDRAN JUDGE** **Sd/V.G.ARUN JUDGE** **vku/-** **RP.No.153 of 2020 & - 14 - connected cases** ## **APPENDIX OF RP 153/2020** ## **PETITIONER'S/S ANNEXRES:** **ANNEXURE 1 A TRUE COPY OF THE JUDGMENT DATED 18/10/2019 IN O.P.(CAT) NO.1907/12 RENDERED BY THIS HON'BLE COURT. ANNEXURE 2 TRUE COPY OF PRESIDENT IN ITS DECISION, BROUGHT FORTH AS DECISION NO.10 UNDER RULE 1316 WHICH IS NOW APPLICABLE TO RULE 1313 AS COPIED DOWN FROM THE INDIAN RAILWAY ESTABLISHMENT CODE VOL.II PUBLISHED BY THE RAILWAYS.** **ANNEXURE 3 TRUE COPY OF NOTE 1 BELOW RULE 10 OF THE RAILWAY SERVICE (REVISED PAY) RULES 2008.** **RP.No.153 of 2020 & - 15 - connected cases** ## **APPENDIX OF RP 100/2020** ## **PETITIONER'S/S ANNEXRES:** **ANNEXURE 1 A TRUE COPY OF THE JUDGMENT DATED 18/10/2019 IN O.P.(CAT) NO.2905/13 RENDERED BY THIS HON'BLE COURT.** **ANNEXURE 2 TRUE COPY OF PRESIDENT IN ITS DECISION, BROUGHT FORTH AS DECISION NO.10 UNDER RULE 1316 WHICH IS NOW APPLICABLE TO RULE 1313 AS COPIED DOWN FROM THE INDIAN RAILWAY ESTABLISHMENT CODE VOL.II PUBLISHED BY THE RAILWAYS.** **RP.No.153 of 2020 & - 16 - connected cases** ## **APPENDIX OF RP 134/2020** **PETITIONER'S/S ANNEXRES: ANNEXURE 1 A TRUE COPY OF THE JUDGMENT DATED 18-10-2019 IN O.P (CAT) NO.2100/12 RENDERED BY THIS HON'BLE COURT** **ANNEXURE 2 TRUE COPY OF PRESIDENT IN ITS DECISION, BROUGHT FORTH AS DECISION NO.10 UNDER RULE 1316 WHICH IS NOW APPLICABLE TO RULE 1313 AS COPIES DOWN FROM THE INDIAN RAILWAY ESTABLISHEMENT CODE VOL.II PUBLISHED BY THE RAILWAYS ANNEXURE 3 TRUE COPY OF NOTE 1 BELOW RULE 10 OF THE RAILWAY SERVICE (REVISED PAY) RULES 2008** **RP.No.153 of 2020 & - 17 - connected cases** ## **APPENDIX OF RP 233/2020** ## **PETITIONER'S/S ANNEXRES:** **ANNEXURE 1 A TRUE COPY OF THE JUDGMENT DATED 18/10/2019 IN O.P.(CAT) NO.2247/12 RENDERED BY THIS HON'BLE COURT. ANNEXURE 2 TRUE COPY OF PRESIDENT IN ITS DECISION, BROUGHT FORTH AS DECISION NO.10 UNDER RULE 1316 WHICH IS NOW APPLICABLE TO RULE 1313 AS COPIED DOWN FROM THE INDIAN RAILWAY ESTABLISHMENT CODE VOL.II PUBLISHED BY THE RAILWAYS. ANNEXURE 3 TRUE COPY OF NOTE 1 BELOW RULE 10 OF THE RAILWAY SERVICE (REVISED PAY) RULES 2008.** **[TRUE COPY]**