D.B. CIVIL WRIT PETITION NO.3460/2000 [UNION OF INDIA THROUGH GENERAL MANAGER, NORTHERN RAILWAY & ORS. VS. PRITPAL SINGH & ORS. Date of Order :: 04.03.2010 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Kamal Dave for Standing Counsel the petitioner UOI Mr.S.K.Malik for the respondent. ***** This writ petition has been filed by the Union of India through General Manager, Northern Railway and others in which the petitioner has challenged the judgment dated 03.04.2000 passed in Original Application No.421/1995 by the Central Administrative Tribunal, Jodhpur whereby the Tribunal has allowed the Original Application while following the judgment of K.L.Mehendiratta & Anr. Vs. Union of India (Original Application No.469/1992) and passed the following order:- “In view of the afore-mentioned consideration, this application is disposed of with the direction to the respondents to give the benefit to the applicants in the same manner as have been given in O.A. No.469/92”. Learned counsel for the petitioner has invited our attention towards the judgment reported (1997) 6 SCC 360 Union of India & Ors. Vs. O.P. Saxena in which Hon'ble Apex Court has held that the decision of the Tribunal directing stepping up of the pay of the respondents herein was not correct. Para 10 of the Judgment is as follows:- “In our opinion, the decision of the Tribunal directing stepping up of the pay of the respondents herein was not correct. It had been clarified by the Ministry of Railways in its letter dated 14.09.1990 that the principle of stepping up of referred to in its earlier letter of 16.08.1988 was “subject to codal conditions being fulfilled”. The principle of stepping up of pay is contained in Rule 1316 of the Railway Establishment Code Vol.II which also contains conditions which have to be followed while ordering stepping up. Two of the conditions contained therein are: [a] Both the senior and junior officers should belong to the same cadre and the post in which they have been promoted on a regular basis should be identical in the same cadre; [b] The scales of pay of the lower and higher posts in which they are entitled to draw should be identical.” While following the judgment in the case of Union of India Vs. O.P.Saxena & Ors. (Supra), this writ petition is allowed and the order passed by the Central Administrative Tribunal, Jodhpur dated 03.04.2000 is hereby quashed and set aside. (GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J. mamta