No.E(P&A)II-2013/RS-09 New Delhi, dated 28.02.2014.
The General Managers(P),
All Zonal Railways.
Sub: Granting the benefit of stepping up of pay of Loco Running Supervisors at par to their junior raised in SLP (Civil) CC1514-1515 of 2014 before the Supreme Court of filed by Union of India & Ors..
After acceptance of the Sixth CPC recommendations, instructions for granting of the benefit of stepping up of pay to Loco Supervisors promoted prior to 01.01.06 at par with their juniors promoted after 01.01.2006, were issued vide Board’s letter No. E(P&A)-II/2008/RS-37 dated 24-07-2009. Certain specific conditions were stipulated in the letter ibid. One of the conditions for granting the benefit of stepping up of pay, was that both the Junior and the Senior Railway Servants should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre and other conditions enumerated in Note 10 below rule 7 of RS(RP) rules 2008 should also be fulfilled. In this connection your attention is drawn to an O.A. No. 455/2011 before CAT/Chennai filed by Shri. V.Murugesan and S.S. Murugan. Both of them were promoted as LIs in MDU Division/Southern Railway from the post of Loco Pilot (Goods). They filed the case for claiming stepping up of pay at par with their Junior Sh. K. Venkatesh, who was promoted as LI from the post of Loco Pilot (Mail/Express). Their cases were allowed in the Hon’ble Tribunal and the High Court of Madras and now an SLP has been filed by the UOI before the Supreme Court of India. The matter was last heard on 7-02-2014 and upon hearing the Hon’ble Court had made the following order:-
In the meantime, operation of the impugned judgment and order shall remain stayed.”
2. It is advised that if any similar issue is pending before any Court of Law on your Railway, the above position may be brought to their notice. A copy of said order may be downloaded from the website of the Hon’ble Supreme Court of India. It is requested to take adequate care to defend and assign similar cases, if any, to an SAG level officer for proper monitoring and follow up. The status of such cases may be informed to this office from time to time.