MARTHA XALXO & ORS Vs. UNION OF INDIA & ORS
LAWS(CAL)-2017-6-101
HIGH COURT OF CALCUTTA
Decided on June 14,2017

Martha Xalxo And Ors Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Tapabrata Chakraborty J. - (1.) The writ petition being WPCT 259 of 2016 (Martha Xalxo & Ors. vs- Union of India & Ors.) has been preferred challenging an order dated 13th May, 2016 passed by the learned Tribunal in OA 350/00699 of 2015. In the said original application the appellants challenged an order dated 25th March, 2015 passed by the respondent no.4 pertaining to withdrawal of the benefit of bunching facilities. The writ petition being WPCT 302 of 2016 (Mitali Ghosh vs- Union of India & Ors.) has been preferred challenging an order dated 13th May, 2016 passed by the learned Tribunal in OA 350/01020 of 2015. In the said original application the appellant challenged office orders dated 19th June, 2014 and 16th October, 2014. The writ petition being WPCT 17 of 2017 (Chitra Sarkar & Ors. vs- Union of India & Ors) has been preferred challenging an order dated 13th May, 2016 passed by the learned Tribunal in OA 350/01475 of 2014. In the said original application the appellants challenged an order dated 16th October, 2014 passed by the respondent no.3. The writ petition being WPCT 18 of 2017 (Sikha Lahiri & Anr. vs- Union of India & Ors.) has been preferred challenging an order dated 13th May, 2016 passed by the learned Tribunal in OA 350/01020 of 2015. In the said original application the appellants challenged orders dated 19th June, 2014 and 16th October, 2014 passed by the respondent no.3. All the orders challenged in the original applications relate to denial of bunching facilities claimed by the appellants in terms of the provisions of the Railway Services (Revised Pay) Rules, 2008 (hereinafter referred to as the said Rules of 2008) notified vide R.B.E. No.103/2008.
(2.) Heard the learned advocates appearing for the respective parties and considered the materials on record.
(3.) The pay of Chief Matron/Matron was initially fixed taking in to account the benefit of bunching i.e. to say, get fixed in the revised pay structure at the same stage in the pay band, then for every two stages so bunched, benefit of one increment @ 3% was given, so as to avoid bunching of more than two stages in the revised running pay bands and for such purpose the increment was calculated on the pay in the Pay Band, without taking into account the Grade pay. The bunching facilities were extended to the Chief Matrons in PB-III after due approval and necessary vetting in the year 2008 on provisional basis in scale Rs.15600- 39100/- + 5400/- since 1st January, 2006. Almost six years thereafter the appellants were intimated by a memorandum dated 16th October, 2014 that they would not be eligible for getting the bunching facilities in view of the provision of Rule 7(i) (A) (ii) of the said Rules of 2008.;


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