HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. BHAVANI PRASAD WRIT PETITION NO. 5026 OF 2010 Between: K. Vijaya Kumar S/o late K. Subba Rao ..... PETITIONER AND Union of India represented by the Secretary (Estt. ) Railway Board, New Delhi and six others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue a Writ of Certiorari calling for the records relating to the order dated 16.12.2009 passed in O.A.NO. 592 of 2008 on the file of Central Administrative Tribunal, Hyderabad and quash the same as illegal and consequently direct the official respondents to fix the pay of the petitioner at Rs. 1500/- with Rs. 20/- personal pay in the pay scale of Rs. 1200-2040 w.e.f 13.8.1992 duly allowing increments from time to time. Brief facts of the case are that the petitioner-applicant, who was working in Hyderabad Division as Assistant Station Master in grade Rs. 1200-2040 was promoted to the scale of Rs. 1400-2300 on 8th February 1989. On his request he was transferred from Hyderabad Division to Vijayawada Division vide order dated 5th August 1992 of Divisional Railway Manager, Hyderabad Division. It is stated that on joining duty at Vijayawada Division, the petitioner’s pay was initially fixed at Rs. 1350/- in scale Rs. 1200-2040 with effect from 13th August 1992 keeping Rs. 170/- as personal pay. Aggrieved by the same, the petitioner-applicant filed O.A No. 996 of 1996 seeking pay protection, as he had been transferred to a lower grade. That OA was disposed of by Order dated 10th September 1996 directing that his representation should be disposed of. Considering the representation, his pay was fixed at Rs. 1350/-+170/- as personal pay with effect from 13th August 1992 to be absorbed in the future increases of pay with effect from 1st November 1992 duly allowing arrears with effect from 22nd July 1995. Aggrieved by the same, petitioner filed O.A No. 1229 of 1997 and the same was disposed of on 10th November 1998 directing that his case should be considered as per Railway Board’s letter dated 24th February 1995 and 3rd November 1998. For that the respondents fixed the pay of the applicant at Rs. 1350/- withdrawing the personal pay of Rs. 170/-. Aggrieved by the same in withdrawing the personal pay also, O.A.No. 1847 of 1999 was filed in which, vide order dated 9th March 2001 respondents were directed that the pay of the applicant should be restored adding personal pay of Rs 170/- to his basic pay of Rs. 1350/-. The petitioner was given interview by the Divisional Railway Manager on 23rd January 2008 and vide impugned order dated 10th April 2008 the applicant was informed that his pay had been fixed in compliance of the order passed by the Tribunal in O.A.No. 1847 of 1999. Aggrieved by the same, he filed the present O.A.No. 592 of 2008 on the file of Central Administrative Tribunal, Hyderabad, seeking a direction to the official respondents to fix his pay on par with the employees who were transferred from Hyderabad to Vijayawada Division. The Tribunal dismissed the O.A and being aggrieved by the same, the present Writ Petition has been filed. The learned counsel appearing for the petitioner contended that similarly situated persons who were juniors to the applicant in Hyderabad Division and their pay was also fixed at Rs. 1520/- in the scale of Rs. 1400- 2300, whereas their pay was fixed at the stage of Rs. 1500/-in the lower grade of Rs. 1200-2040 as Rs. 1500/-+ Rs. 20/- personal pay in the lower scale of Rs. 1200-2040 on their joining in Vijayawada division. He also contended that when once the other persons pay has already been protected, his pay also to be protected. On the other hand, the learned counsel appearing for the respondents contended that the stand of the other similarly situated persons is on different footing and Article 14 of the Constitution of India does not apply to the case of the petitioner inasmuch as earlier the petitioner approached the Tribunal on so many times and the Tribunal given directions and pursuant to which he made representations and the department considered the case of the petitioner and there are no grounds to interfere with the order passed by the Tribunal and the Writ Petition is liable to be dismissed. We have heard the learned counsel appearing for the petitioner and also Smt. Pushpender Kaur, learned counsel appearing for the respondent. As seen from the record, it is no doubt true that the petitioner approached the Tribunal on so many occasions. Finally, while disposing of the O.A., the Tribunal observed as under: “We have carefully considered the arguments advanced by opposite parties and perused the pleadings. It is undisputed that Order dated 9th March 2001 of this Tribunal passed in O.A.No. 1847 of 1999 was not challenged and his attained finality. Para 7 of the aforesaid order dated as follows: “7. In the circumstances, we direct that the pay of the applicant should be restored by adding personal pay of Rs. 170/- to his basic pay of Rs. 1350/- thus fixing the pay of the applicant at Rs. 1520/- indirectly protecting his pay he was drawing as Assistant Station Master before he was transferred, as per directions issued on O.A.No. 996 of 1996.” We are satisfied that the respondents have fixed the pay of the applicant vide Memo No. B.P.524/V/7/Vol.3 dated 31st October 2001 as per the aforesaid order of this Tribunal. Accordingly, the other matters raised in this OA become irrelevant.” In view of the above finding, the Tribunal has considered the matter in proper perspective and there are no grounds to interfere with the order passed by the Tribunal and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _______________________ G. BHAVANI PRASAD ,J DATE: 09.03.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.