- (1.) The instant petition filed under Article 226 of the Constitution challenges judgment dated 19.10.2010 (P-25) passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity 'the Tribunal').
(2.) It is appropriate to mention that some of the petitioners have retired during the period from 01.01.1986 to 31.12.1995, whereas some other have retired between the period i.e. 30.04.1996 and 30.09.2003. Their claim before the Tribunal was that they be given the benefit of revised pay scale of Rs. 5000-8000 and their pension be accordingly computed. The basic reason in support of their claim as projected before the Tribunal is clear from the letter dated 01.11.2003, which talks of restructuring of Group 'C' staff in terms of letter dated 09.10.2003 issued by the Railway Board and circulated on 16.10.2003. It would be appropriate to read the aforesaid letter in extenso : "As a result of restructuring of Group "C" staff in terms of Railway Board's letter No. PC-III/2003/ CRC/ 6 dated 9.10.2003 circulated vide GH(P)/ NDLS's P.S. No. 11466/97/ PC-I/ 179 dated 16.10.2003, the post of Supervisors (erst while Mistries) holding Rs. 4500-7000 + 100/- Spl. Allowance have been upgraded to the post of Junior Engineer-II in pay scale of Rs. 5000-8000. Consequent upon the above the following supervisors JUD-KLK Workshop of Mechanical Deptt. are designated as Jr. Engineer-II and their pay is fixed as under as shown against each in grade Rs. 5000-8000 from the dates mention below : XXX XXX XXX This has approval of the competent Authority. Note : 1. The promotion of item No. 01 to 03 of CBCR and item 1 of the Welder and item No. 1 of Black Smith trade are w.e.f. 1.11.2003 and all the remaining promotions are with immediate effect. 2. The staff on above promotion are allowed to opt their pay fixed under Rule 1313-FR-22C-R-II from the date of their promotion or under the same rule from the date of their next increment in the lower grade which ever is beneficial to them. Such options should be submitted to this office within one month from the date of issue of this notice. This may be got noted from the staff concerned under their clear signatures and acknowledgments so received be sent to this office for further action on the following proforma. PROFORMA FOR OPTION a) I hereby opt to fix my pay on promotion in higher grade from the date of my actual promotion. b) I hereby opt to fix my pay on promotion in higher grade from the date of accural of next increment in lower grade. 2. The above promotions are made as a result of restructuring of the cadre of Technical Supervisors of JUD-KLK shops w.e.f. 1.11.2003."
(3.) A perusal of the aforesaid letter would show that the post of Supervisor/erstwhile mistry in the pay scale of Rs. 4500-7000 + 100 special allowance has been upgraded to the post of Junior Engineer-II in the pay scale of Rs. 5000-8000. The effect of restructuring was that the nomenclature of the post of Mistry-cum-Supervisor had undergone changed and it came to be known as Junior Engineer-II in the pay scale of Rs. 5000-8000/-;