LAKSHMANAN, CJ. - (1.) HEARD Mr. R. K. soni, learned counsel for the Union of India and Mr. J. K. Kaushik, learned counsel for the respondent herein.
(2.) THE respondent No. 1/applicant before the Tribunal was employed by the Railways as a Manager of a non-statutory canteen in the Western Railway at Udaipur. THE pay scale of the Manager Grade I of the statutory canteen was revised from Rs. 300-500 to 330-560 with effect from 1. 4. 82. THE Railway Board, by a letter dated 13. 5. 83, revised the pay scale in pursuance of the directions of the Supreme Court in MMR Khan's case in respect of the employees of non-statutory canteens also. THE Supreme Court, by its order dated 22. 4. 83 in MMR Khan's case held that all the employees of non-statutory canteen will be paid at the same rate and at the same basis on which employees of statutory canteens are being paid. THE Supreme Court has further directed that the said direction will take effect from 1. 6. 82. That being the date, from which according to the petitioners therein, they have not been paid salary. THE Railway Board, on 13. 5. 83, issued a circular revising the scale of pay for the Manager as Rs. 330-480 instead of Rs. 330-560, which was challenged before the Tribunal by the first respondent. Our attention was drawn to Annex. 1 dated 31. 3. 82, the circular issued by the Headquarters, Church Gate, Western Railway, Bombay. A statement was annexed to the Anx. 1, showing the revised pay scale applicable to canteen staff in statutory canteens of Indian Railways. For the Manager Grade I, the existing pay scale was Rs. 300-500 and the same was revised at Rs. 330- 560. Under Anx. 2 dated 13. 5. 83 the existing pay scale for the Manager Grade I at Rs. 300-500 was revised to Rs. 330-560. We may notice that Rs. 330-480 is not the revised pay scale as per the verdict of the Supreme Court in MMR Khan's case, equivalent to the Manager Grade I of the statutory canteen. Anx. 3 was issued by the Western Railways on 27. 5. 83, revising the pay scales of the first respondent herein/the applicant, as per the Supreme Court's order conveyed to the Railways vide Railway Board's letter dated 13. 5. 83, in which the pay of the canteen staff was fixed in the revised scale with effect from 1. 6. 82. So far as the first respondent L. C. Paliwal is concerned, the revised pay scale was noted as Rs. 330-560 and as per the fixation, the amount was also paid. However, by Anx. 4 issued by the Western Railway on 24. 12. 83 the revised pay scale fixed under Anx. 3 was partially modified in regard to the pay of the Manager, Zonal Training Centre Canteen, Udaipur. Under Annex. 4, the pay scale was revised from the present scale of Rs. 330-560 to Rs. 330-480. By Annex. 5, the representation made by the first respondent dated 18. 6. 91, was also rejected. The first respondent approached the Central Administrative Tribunal, Jodhpur by filing O. A. No. 58/95 and submitted before the Tribunal that he is entitled for the revised pay scale of Rs. 330-560 by letter dated 11. 3. 82. On behalf of the Railways, it was argued that the application by the first respondent herein was barred by limitation, since the original application was filed in the year 1995, questioning the correctness of the order dated 13. 5. 83. It was also submitted that the first respondent is not entitled for the revised scale in view of the various circulars issued. The Tribunal, placing reliance on the judgment of the Supreme Court dated 22. 4. 83, allowed the original application filed by the respondent-herein with a direction to the respondent-therein that the applicant should be given pay fixation in the scale of Rs. 330-560 with effect from 1. 6. 82, with all consequential benefits, within a period of three months from the date of receipt of the said order. Being aggrieved, the Union of India and two others have preferred this writ petition. Mr. R. K. Soni, learned counsel for the petitioners, submitted that since the original application was filed after a delay of 12 years, the first respondent will not be entitled for the payment of the revised scale with effect from 1. 6. 82, as ordered by the Tribunal. He has also further submitted that the original application which was filed after a period of 12 years, is liable to be rejected on the ground of inordinate delay and laches, since the order dated 13. 5. 83 was questioned in the year 1995. He has further urged that though the applicant/the first respondent herein, has asserted that he has the continuing cause of action, in fact he was drawing less pay every month and, therefore, the first respondent/applicant, cannot now claim the revised pay scale from 1. 6. 82. We see force and merit in the submission of the learned counsel for the Railways in so far as the laches is concerned. We may also notice in this context that though the circular was issued on 13. 5. 83, revising the pay scale of non-statutory canteen Managers equal to that of the statutory canteen employees, a representation was made only in the year 1988, which was disposed of on 10. 7. 91. However, the application was filed after the rejection under Annex. 5 only in 1995.
(3.) IT is not in dispute that the first respondent was receiving pay at Rs. 330-480. Therefore, in our opinion, the first respondent will be entitled to receive the revised pay scale from 1. 6. 82 but the arrears will be paid to him only from three years before the date of filing of the original application. We make it clear that the respondent/applicant, will be entitled to all the consequential benefits, except for the arrears of salary prior to 3 years before the filing of the original application. The writ petition is allowed in part. The arrears shall be paid within the months from today. No costs. . ;