CHAIRMAN Vs. K SATYANANDAM
LAWS(APH)-2019-3-20
HIGH COURT OF ANDHRA PRADESH
Decided on March 07,2019

CHAIRMAN Appellant
VERSUS
K Satyanandam Respondents


Referred Judgements :-

KUNAL SINGH VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

A. Rajasheker Reddy, J. - (1.)This Writ Petition is filed challenging the order of the Central Administrative Tribunal in O.A No.021/01179/2014 dated 10.10.2018, wherein and whereby the OA filed by the respondent-applicant is allowed setting aside the impugned letter dated 23.12.2018 issued by the 4th petitioner (4th respondent therein).
(2.)The respondent is the employee of the Railways, having initially appointed as Constable in the Railway Protection Force (RPF) on 17.04.1983 on regular basis. Since he was medically decategorised, he was appointed as peon, which is the lower cadre with that of the constable, vide orders dated 27.03.1997. Though he was entitled to be absorbed in the equivalent grade or post in the scale of payoff Rs.825-1200, which was revised to the scale of pay of Rs.2750-4400 with effect from 01.01.1996 as per the recommendations of V Civil P.C. on his medical decategorisation on 24.06.1996 according to the provisions of Sec. 47 (1) of Persons with Disabilities Act, 1995, the same was denied. Aggrieved by the same, he filed OA No.771 of 2003 before the CAT, which was allowed vide order dated 30.06.2004 with the following directions:
"(a) the applicant shall be placed in a supernumerary post created in the scale of pay of Rs.825-1200/2750-4400.00 for the period from25th June, 1996 to 27th March, 1997 and he be paid the pay and allowance for the said period at the same rate he was drawing prior to his medical decategorisation in the said scale of pay.

(b) the applicant shall be absorbed in the alternative post/grade in the scale of pay of Rs.825-1200/2750-4400.00 with effect from 28thMarch, 1997 consequent on his medical decategorisation as per the provisions of Sec. 47(1) of the Persons with Disabilities Act, 1995; and

(c) the applicant shall be granted the first stage financial upgradation under ACP Scheme to the scale of pay of Rs.3050-4550.00 with effect from 1st Sept., 1998 along with arrears of pay and allowances with all consequential benefits, such as, arrears of pay and allowances, seniority etc."

(3.)Aggrieved by the said order, the petitioners filed WP No.673/2005 before this Court and the same was dismissed vide order dated 14.03.2005 confirming the order of the Tribunal dated 30.06.2004. However, the directions of the Tribunal were complied with in part. Though the respondent made representations, the 4th petitioner rejected the claim of the respondent for grant of pay of Rs.4200.00 with the corresponding pay scale as 3rd stage financial upgradation under MACPS, vide his letter dated 23.12.2013. Aggrieved by the said letter of the 4th petitioner, respondent preferred OA/021/01179/2014, which was allowed by the Tribunal on 10.10.2018 stating that even though the respondent was not able to perform the duties of RPF constable and has been assigned the post of Peon, he is entitled to get the revised scales which his batch mates as RPF constables are getting with effect from10.10.1997 in the scale of pay of Rs.3050-4590 and also GP Rs.4200.00 on par with his batch mates with all consequential benefits. Challenging the same, present Writ Petition is filed by the petitioners.
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