IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 7674 of 2008 Between: 1 Union of India, rep. by its Chairman, Railway Board, Rail Bhavan, New Delhi. 2 The SEnior Divisional Mechanical Engineer, South Central Railway, Guntakal Division, Andhra Pradesh 3 The Senior Divisional Personnel Office, South Central Railway, Guntakal Division, Andhra Pradesh ..... PETITIONER(S) AND G.Masthaniah S/o.G.Erikalappa O/o. The Chief Crew Controller, Gooty, South Central Railway, Guntakal Division,R/o. Rly. Q No.352/a, Gooty, Andhra Pradesh. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to OA No.5/2007 dated 17.8.2007 on the file of Central Administrative Tribunal Hyderabad Bench, Hyderabad, and quash the same, in part to the extent of the direction given to the petitioners herein not to make any recovery of the excess amount already paid to the respondent herein as illegal, arbitrary and unconstitutional and further declare that these orders have been passed without any jurisdiction vested in the Honourable CAT Hyderabad Bench, Hyderabad and to pass necessary order or orders. Counsel for the Petitioners: SMT.PUSHPINDER KAUR Counsel for the Respondent : None The Court at the stage of admission made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.7674 OF 2008 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) The writ petition is filed by the Union of India and South Central Railway against the order dated 17-8-2007 passed in OA No.5 of 2007 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, as being illegal, arbitrary and quash the same in so far it relates to the direction to not to recover the excess amounts already paid to the applicant-respondent herein. 2. Heard the learned Standing Counsel for the railways. Perused the impugned order. 3. The applicant-respondent herein filed the said OA before the Tribunal stating that while he was working as Goods Driver/GTL he was declared unfit in Aye-One (A-I) Medical classification and therefore unfit for the post of Goods Driver and consequent to his medical de-categorization, he was posted as driver on special duty as crew controller/GTL in terms of the provisions contained in Railway Board’s letter dated 9-1-1998. It was stated that the applicant accepted the offer of the alternative post as driver on special duty as crew controller and joined that post on 7-10-1999. It was further stated that his pay as crew controller has been fixed in the scale of Rs.6500-10500 (revised pay) in the alternative sedentary post. Subsequently, his pay scale was fixed treating him as non-running staff dispensing with the benefit of 120 KM allowance in lieu of kilometerage per day and aggrieved by the same he filed the OA. 4. The Tribunal by the impugned order dismissed the OA on the ground that the vide Circular dated 14-1-2004, the Railway Board has made clarification of its earlier instructions dated 9-1- 1998 to the effect that the medically unfit running staff who are absorbed in the alternative sedentary job, as crew controller, are entitled to pay attached to the post of alternative sedentary post and not eligible to draw the benefit of 120 KM allowance in lieu of kilometerage per day. However, the Tribunal having found that the railway authorities on their own volition paid the running allowance at 120 kilometers per day to the applicant, directed not to recover, the excess amounts already paid on that count, as it was not their case that the applicant misrepresented to them in drawing the said allowance. 5. In this view of the matter, we do not find any infirmity in the impugned order warranting interference of this Court and the writ petition is devoid of merits and is accordingly dismissed, at the admission stage itself. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated:9-6-2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}