DILIP SHAKYA vs WEST CENTRAL RAILWAY on 22 October 2026

O R D E R

Referring to Annexure A-10 and A-12 of OA, the learned counsel for the applicant has made a statement at the Bar that similar controversy has already been put to rest by this Tribunal in O.A No. 163/2023 – Tijo Thomas & Ors. Vs. U.O.I & Ors vide order dated 03.03.2025 (Bangalore Bench) and OA No. 435/2024 – Rohit Kumar

ANAND PRAKASH DUBEY

Shivhare Vs. UOI & Ors vide order dated 27.03.2026 (Jabalpur Bench). Learned counsel has also stated that as the subject matter of this O.A and O.A Nos. 163/2023 and 435/2024 are one and the same and the relief/s sought by the applicant is similar, merely having different event and dates would not in any way disturb the ultimate direction to be given by this Tribunal in the light of observation made in aforesaid orders.

2. The original application no. 435/2024 was allowed vide order dated 27.03.2026 based upon the order of the Bangalore Bench of this Tribunal passed in OA No. 163/2023. The observation of the Tribunal in para 7 of the order dated 27.03.2026 is reproduced below: - “7. Another order dated 03.03.2025 of CAT, Bangalore passed in OA No. 163/2023, relying on the judgment of Hon’ble High Court of Kerla (Supra) has decided a similar issue. The extract of the order is reproduced as under: - “6. The settled legal position is that a Railway employee is entitled to protection of pay without completing two years of regular service in the promoted higher grade. It does not matter whether the probation period is one year or two year. Annexure A/1 and A/2 circulars of the Railway Board make it amply clear that on transfer to lower post under FR 15(a) the pay of an employee holding the post on regular basis will be fixed at a stage equal to the pay drawn by him in the higher grade. If no such stage is available the pay will be fixed at the stage next below the pay drawn by him in the higher post and the difference may be granted as personal pay to be absorbed in future increments. The applicant in the instant OA is entitled to the benefit granted by the Railway Board above” ........................... The Hon’ble High Court of Kerla in OP(CAT) No. 113/2014 has taken a similar view and granted benefit to the applicants and directed the respondents to re-fix the pay of the applicants on the basis of last pay drawn by the

ANAND PRAKASH DUBEY

applicants in the South Central Railway with effect from the date they had joined the Bangalore Division of South Western Railway in terms of Rule 1313 (I)(a)(2) and (3) of IREC Vol. II read with Rule 227 of the IREC Vol. I without insisting that they should have rendered one year of service (completed the probation period) in the higher post in the previous Division. Compliance shall be made in an expedite manner, in any event not later than 12 weeks from the date of receipt of certified copy of the order. Ordered accordingly.”

8. In the light of the settled position of law, we allow the similar relief to the applicant and quash the orders dated 18.01.2024 (Annexure A/1) and 08.07.2021 (Annexure A/2). The respondents are directed to re-fix the pay of the applicant in pay level – 7 and protect his pay which he was drawing in Kota before coming to Jabalpur. This exercise should be completed within a period of 90 days from the date of receipt of certified copy of the order of this Tribunal.”

3. In view of the statement of the learned counsel for the applicant which has not been controverted by the learned counsel for the respondents, the present Original Application is allowed in the light of order dated 27.03.2026 passed by this Tribunal in O.A No. 435/2024. The applicant is directed to submit a certified copy of this order alongwith copy of the order dated 27.03.2026 before the respondents who shall consider the claim of the applicant in the light of observations made therein within a period of 90 days from the date of receipt of certified copy of this order.

4. No order as to costs.

(Mallika Arya)

Administrative Member

Anand…

ANAND PRAKASH DUBEY