IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9012 of 2006 RAM NARAYAN PRASAD @R.N.PRASAD Versus THE UNION OF INDIA & ORS ----------- For the Petitioner : Mr. M.P.Dixit, Advocate For Respondent Nos. 1 to 4: Mr. A. Amanullah, Advocate ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 15th September, 2008. We heard the counsel for the petitioner and perused the order dated 26th May, 2006 passed by the Central Administrative Tribunal. We also considered the counter affidavit, supplementary counter affidavit and second supplementary counter affidavit filed by respondent nos. 1 to 4 and the documents annexed therewith. 2. That the petitioner was initially appointed as Works Mate in the year 1972 is not in dispute. That on and from 25th October, 1989, the petitioner was promoted to the post of Works Mistry in the scale of Rs.1200-1800 is also not in dispute. It is also not in dispute that he was promoted as Work Mistry Grade-I in the scale of Rs.1400-2300 with effect from 10th January, 1994. The grievance of the petitioner is that since by the circular dated 2nd July, 1987, issued by the Railway Board, it was decided that there would be only one grade of Works Mistry in the scale of Rs.1400-2300 with effect - 2 - from 1st January, 1986, he ought to be given pay scale of Rs.1400- 2300 with effect from 25th October, 1989 when he was promoted to the post of Works Mistry. 3. It transpires that before the Tribunal, the stand of the respondents was that the petitioner was promoted as Works Mistry Grade-II in the scale of Rs.1200-1800 on 25th October, 1989 and promoted to the post of Works Mistry Grade-I in the scale of Rs.1400-2300 from 1st April, 1994. The grade of Rs.1400-2300 was allotted to those Works Mistries, who were in the pre-revised scale of Rs.380-560 while the petitioner was in the grade of Rs.330-480. The Tribunal considered the matter thus: - “8. From the pleadings on behalf of the applicant and the respondents and the documents filed and on record, it appears that the case of the applicant was represented before the concerned authority of Eastern Railway regard refixation of pay in the pay scale of Rs.1400-2300 with effect from 1989 and consequential benefits. The matter was examined and disposed of by communication dated 3.3.1997. The issue as such was also discussed in detail in the letter of the Railway Board addressed to the General Manager, Eastern Railway dated 19.4.1994. It is nowhere denied on the applicant’s behalf that he was working in the pre-revised scale of Rs.330-480 in the Grade of Mistry Grade-II. The claim is that this pre-revised scale was merged with another pre- revised scale of Rs.380-560 but the letter of the Railway Board clearly mentions the scale of Rs.330-480 continued to exist for Mistries Grade II even after Board’s letter of 17.1.1976. This pre-revised scale [Rs.330-480] was upgraded to Rs.1200-1800. The promotion of the applicant from Mistry Grade II to Grade I in the pay scale of Rs.1400-2300 was done with effect from 1994. On behalf of the applicant, the promotion to Grade I has been acknowledged but it is claimed that the upgradation of scale on account of this promotion should have been implemented from 1989 when this promotion took place. It is not claimed on his behalf that it should be effective from 1986. The decision in the applicant’s - 3 - case is, therefore, amply explained on behalf of the respondents through the circulars of the Railway Board, copies of which have been filed and are on record. There appears to be, therefore, no merit in the application.” 4. Assailing the order of the Tribunal, the counsel for the petitioner submits that the respondents have now taken new stand in the first and second supplementary counter affidavit before this Court that the petitioner was never appointed in the scale of Rs.330-480 or Rs.380-560 but he was inducted as Works Mistry-II in the scale of Rs.1200-1800, after implementation of recommendation of IVthe Pay Revision Commission and the scale of Rs.1400-2300 is only given to those Works Mistries, who are supervisors. The counsel for the petitioner submits that from the available material, it can be reasonably inferred that the petitioner was in fact working as a supervisor and not as worker and, therefore, even as per the circular dated 19th April, 1994, the petitioner was entitled to the scale of Rs.1400-2300 from the date of his promotion. 5. In the circular dated 19th April, 1994, the position has been clarified that : - “As per Board’s letter No.PC-III/73/Schedules/109 dated 17.1.76, the Mistries who were in the authorized scale of Rs.150-240 in Workshops, Production Control Organisations, Printing Press, Sheds and depots and were allotted the revised scale of Rs.380-560 and Rs.330-480 vide Board’s schedules referred to therein have been allotted a single revised scale of Rs.380-560. The Mistries Grade II who were in the authorized scale of Rs.130-212 and allotted the revised scale of Rs.330-480 have not been allotted the scale Rs.380-560 under Board’s letter of 17.1.76. Hence the scale of 330-480 continued to exist for Mistries Grade II even after Board’s letter of 17.1.76. - 4 - 2. So far as the recommendation of the scale Rs.1400-2300 to the category of Mistries, by the IV th Pay Commission is concerned, your attention is drawn to Para 11.27 of the Report in which inter-alia, the following has been provided: - “We understand that Mistries working in certain selected areas like loco and electric multiple unit car sheds, where they are in independent charge and supervise highly skilled artisans, are given special pay of Rs.35/- per month. Taking note of these facts, we are of the view that in all departments the lowest supervisory level should be in the scale of Rs.1400-2300. The work content of mistries in the scale of Rs.330-480 should be reviewed by Railways. Those who are basically workers should be placed in the highly skilled grade (Rs.1200- 1800) and the others who can be clearly identified as supervisors may be given the scale of Rs.1400-2300.” 6. As a matter of fact, from paragraph 1 of the circular afore-referred, it is clearly seen that there were two scales of Works Mistries prior to 1st January, 1986. These scales were Rs.330-480 and Rs.380-560. It further transpires that after revision of pay-scale on the basis of IVth Pay Commission effective from 1st January, 1986, the two scales continued for Works Mistries, namely, (1) Rs.1200-1800 and (2) Rs.1400-2300. The scale of the Works Mistry was Rs.1200-1800 but those who were supervisors were given scale of Rs.1400-2300. 7. The petitioner has not produced any document to show that he was asked to work as supervisor. In absence of any specific document, obviously, he was entitled to pay-scale of Rs.1200-1800 as Works Mistry and that pay-scale was granted to him from the date of his promotion i.e. 25th October, 1989. - 5 - 8. Seen thus, dismissal of original application by the Tribunal cannot be faulted. Writ petition is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-