K.VENKATASWAMI - (1.) THE legal representatives of the deceased-appellant are prosecuting this appeal. In this judgment, wherever the word 'appellant' is used, it will mean the deceased-appellant.
(2.) THE appellant was aggrieved by the Order dated 1-3-82 which denied the benefit of Railway Board's Letter No. (ES)-61-CC-176, dated 9-8-61 under which he was to be granted four advance increments from 1-5-61. THE appellant joined the then B.B. and C.I. Railway Company as a Clerk in the grade of Rs. 55-130. After the taking over of the said Railway Company by the Central Government on 1/01/1942, the appellant was confirmed as a Clerk by the General Manager, Western Railway, on 12-3-43. After crossing the efficiency bar test in 1955, he was promoted and confirmed as a Senior Clerk in the Grade of Rs. 80-220. Subsequently, he was confirmed as Clerk Grade-I w.e.f. 1-4-56 in the pay-scale of Rs. 130-300. Some time in August, 1958, he was transferred from the Mechanical Department to the Accounts Department in the interest of Railway Administration. The Railway Board's Letter dated 9-8-61, on the basis of which the appellant claimed four advance increments from 1-5-61, reads as follows (relevant portion only is extracted) :- "(1) In the case of Clerks Grade-II (on) promotion as Clerks Grade-I on or after 1-5-61 by virtue of either passing App. II-A examination or having been permanently exempted from passing App. II-A examination their pay should be fixed at the stage that would be arrived at by grant of four advance increments for grade of Clerks Grade-I after normal fixation, subject to a minimum of Rs. 150.00. A statement showing the fixation of pay of Clerks Grade-II on promotion as Clerks Grade-I with reference to their pay as Clerks Grade-II at the time of promotion is attached herewith for guidance. (2) In the case of Clerks Grade-I promoted before 1-5-61, the pay of all such staff whether working in a permanent or officiating capacity, should be refixed on 1-5-61 as (1) above, with reference to the pay to which they should be entitled as Clerk Grade-II, but for their promotion as Clerks Grade-I and they should be allowed either the pay so refixed on 1-5-61 or their existing pay, whichever is more beneficial to them." According to the appellant, he was entitled to get the benefit of the said four increments in the light of clauses (1) and (2), extracted above, as he was promoted before 1-5-61, namely, on 1-4-56. In spite of representations, the relief was denied by an Order dated 1-3-82. Hence, he moved the Gujarat High Court, which transferred the matter to the Central Administrative Tribunal and the Tribunal in the order under appeal has dismissed the claim of the appellant for four advance increments w.e.f. 1-5-61. Aggrieved by that, the present appeal has been preferred by special leave.
(3.) LEARNED counsel appearing for the appellant invited our attention to a number of documents to show that the appellant was entitled to the benefit of Railway Board's Letter dated 9-8-61. One such document was paragraph 644 of the Indian Railway Establishment Manual. It is the further case of the learned counsel for the appellant that the Tribunal, by mentioning only Clause (a) of Pargraph 644, rejected the claim of the appellant without referring to clause (b) of the same paragraph, which is relevant for his claim. He also invited our attention to the seniority list of the category of 'CGIS', which, according to the learned counsel for the appellant, exempted the appellant from appearing in the Appendix-IIA examination. He also referred to two other documents dated 22-7-59 and 23-11-60 to further support his contention that the appellant was exempted from appearing in the Appendix-IIA examination. In the light of the documents brought to the notice of this Court, learned counsel for the appellant submitted that the order of the Tribunal has to be set aside and the relief prayed for has to be granted. Learned counsel appearing for the respondent-Railways submitted that the document relied on by the learned counsel for the appellant will not help the appellant to get the increments, but will help him only to get promotion.;