Chitta Ranjan Mishra vs Union Of India & Ors

Pramod Kumar Das, Member (A)

The case of the applicant in brief is that he entered into service as Ticket Collector in South Eastern Railway on 13.09.1993. Although, he secured highest marks in the Training Examination among-65 candidates and had in his option form, he had given preference for his posting either in Khurda Division, Kharagpur Division or in Waltair Division but he was given posting at Nagpur Division. He submitted representation on 18.01.1994 and, thereafter reminder on 07.08.1996, for considering his case for transfer to Khurda Road Division. After about three years, vide order dated 18.03.1997 [A/3], he was transferred to Khurda Division but on reversion as Ticket Collector that too in the pay scale of Rs. 950-1500/- although he was drawing salary in pay scale of Rs. 1200-2040/- in his previous place. It is submitted that despite repeated representations to his authorities, his grievance remains unredressed for which he has approached this Bench in the instant OA praying as under:

“a. The original application may be allowed.

b. The respondents may be directed to allow the applicant to draw his pay at par with his batch mates as TTI from the date he joined at Khurda Road Division.

c. The respondents may be directed to recast the seniority list of TTI and extend the benefits accordingly.

d. the respondents may be directed to give all consequential benefits to the applicant, And;

Such other order(s)…………..”

Applicant has also filed MA 436 of 2020 seeking condonation of delay in filing this OA on the ground that since his last representation was dated 04.09.2017, the OA should have been filed by 03.03.2019 and, hence, there is a delay of one year and five months only.

Separate counters have been filed by E.Co.Rly and the S.E.Rly. contesting and challenging the case of the applicant. The sum and substance of their argument is that the applicant was empanelled for the post of Ticket Collector (TC) in the Scale Rs. 950-1,500/- (RPS) by the Railway Recruitment Board, Calcutta and issued with the offer of appointment dated 12.08.1993. He was sent for initial training of Pro.TC at Zonal Railway Training Institute, Sini w.e.f 13.9.1993 vide letter dated 08.09.1993 and, after successful completion of training, he was posted as TC in the said scale of Rs. 950-1,500/- (RPS) with Basic Pay of Rs. 950/- at Nagbhir of Nagpur Division vide DRM(P) NGP's Office Memo. No. P/GA/Comml./TC/98/454 dated 09.12.1993. He was promoted to the post of Sr.TC/Travelling Ticket Examiner (TTE) in scale Rs. 1,200-2,040/- (RPS) vide Office Order dt. 08.11.1996 and his pay was fixed in the promotional grade at Rs. 1,200/-.

3.a Subsequently, on his own request for Inter Divisional Transfer, he was transferred from Nagpur Division to Khurda Road Division on reversion as TC in Scale Rs. 950-1,500/- (RPS) accepting bottom seniority vide DRM(P) NGP's O.O. No. P/GA/Comml./IDT/ IRT/14/80 dt. 18.3.1997 [R/5]. He reported in Khurda Road Division on 27.3.1997 on reversion as TC in Scale Rs. 950-1,500/-(RPS) and was posted as TC at Brahmapur vide DRM(P) KUR's Office Memo. No. P/KUR/ Com./IDT/97/16 dt. 08.4.1997 placing him below all the TCs in Scale Rs. 950-1,500/- (RPS) of Khurda Road Division as per extant rules. However, his pay of Rs. 1,200/- as Sr.TC/TTE in Nagpur Division was protected in Khurda Road Division even though he joined as TC in Scale Rs. 950-1,500/- (RPS).

3.b Meanwhile, as per his seniority and turn, he was promoted to the post of Sr.TC/TTE in Scale Rs. 4,000-6,000/- (RSRP) vide O.O. No. 20/2002 dt. 19.4.2002 and to the post of Hd.TC/TTE-'A' in Scale Rs. 5,000-8,000/-(RSRP) vide O.O. No. 26/2008 dt. 10.3.2008 [R/6 & R/7 respectively]. It is submitted by the respondents that after 23 years of his reporting and joining in Khurda Road Division in 1997, applicant has filed the instant OA, which is also grossly barred by limitation. Hence, respondents have prayed for dismissal of this OA.

Having heard Ld. Counsel for both the parties, perused the materials placed on record.

At the first instance, no provision or document has been shown by the applicant to accept his contention that since he secured highest marks in the Training Examination among-65 candidates, he should have been given preference posting as per his option form. Hence, this submission of the applicant is overruled.

Now, the only question to be decided in this OA is as to whether the applicant, who on his own Inter Divisional Transfer request after accepting the terms and conditions of his transfer, can veer round and challenge the said terms and conditions after 23 years? Relevant portion of the order of transfer dated 18.03.1997 reads as under:

“In terms of CPO (comnl)/SE Rly, 14, Strand Road, CAL's memorandum No.P/L/11/E/TTI/3735/IDT/IRT/Pt.III dated 16-12-96, Shri Chittaranjan Mishra, IIT in scale Rs.1200-2040 (RPS) under CTI (BG)/Nagpur is transferred on his own request on reversion as TC in scale Rs.950-1500 to Khurda Road Division of S.E.Rly.

Note: 1. The Inter Divisional transfer of Shri Chittaranjan Mishra is arranged on his own request, hence he is not eligible for any transfer privileges.

The abovenamed staff should vacate Rly. Qr, if any, in his possession before moving on transfer.

Shri Chittaranjan Mishra is ready to accept bottom seniority as TC in scale Rs.950-1500 on his transfer on own request to KUR division as per the extantrules.”

With reference to the aforesaid order of transfer dated 18.03.1997, the posting order of the applicant in Khurda Road Division was issued vide Office Memo dated 08.4.1997 as under:

“Sri Chittaranjan Mishra, TTE/NGP, who came on Inter Divisional Transfer or own request on Reversion and reported to this office on 27.3.97 is posted as Ticket Collector in scale: 950-1500/- (RPS) at BAM against higher grade vacancy downgraded temporarily to scale Rs: 950-1500/-(RPS).

NOTE: 1. The transfer of Sri Mishra has been arranged at his own request. Hence, he is not eligible to get any transfer benefit,

Seniority of Sri Mishra will be placed below all the Ticket Collectors in scale: 950-1900/-(RPS.) of KUR Divn. as per extant rules.”

From both, the order of transfer dated 18.03.1997 and the posting order of the applicant in Khurda Road Division vide Office Memo dated 08.04.1997, it is crystal clear that, before his posting, the applicant was very well aware of the terms and conditions and, after accepting such terms and conditions, he consciously, on reversion, joined the post of Ticket Collector in the scale Rs. 950-1500/- (RPS). He joined in Khurda Road Division on Inter Divisional Own Request Transfer accepting bottom seniority in the recruitment grade and his Pay as Sr.TC/TTE in Nagpur Division has also been protected in Khurda Road Division even though the applicant joined as Jr.TC. Since the applicant, without any demur or protest, joined in Khurda Road Division in the year 1997 accepting the terms and conditions stipulated in his order of transfer, he is now precluded from challenging the same more so when his pay has been protected. It is not the case of the applicant that fixation of his pay and seniority is against the terms and conditions stipulated in his order of transfer in any manner.

Further prayer of the applicant in this OA to recast the seniority in the grade of TTI is also impermissible after about three decades of his transfer and posting, which would unsettle a settled position after a long lapse of time, which may also adversely affect the other employees, who are not before us being not made as parties to this lis by the applicant. Applicant seeks condonation of delay in filing this OA on the ground that from the date of his last representation dated 04.09.2017, there is a delay of one year and five months only as this OA should have been filed by 03.03.2019 but was filed on 18.08.2020. However, looking at the relief claimed by him in this OA, there is no doubt that the claim of applicant pertains and relates to the year 1997 when he was transferred and posted at Khurda Road Division on reversion. Hence, the gross delay is also one of the stumbling block to look into the merit of this case.

In view of the discussions made above, this OA is held to be hit by the law of limitation and is also without any merit, which is dismissed accordingly. Parties to bear their own costs. Pending, MA, if any, also stands disposed of.