Plea for restoring higher pay after inter divisional transfer dismissed by CAT

The Madras bench of the Central Administrative Tribunal (CAT) has dismissed the petition of a railway employee who challenged reduction of his salary after inter-divisional transfer.

Petitioner E. Sam Solomon was serving as a station master in Tiruchy division in 2005. On his request, he was moved to Madurai division as the junior most assistant station master and posted to Kumaramangalam railway station in November 2008.

Later, he was declared medically unfit for the post. Hence, he was given alternative appointment as senior clerk in works branch, Madurai, in 2010 and his grade pay salary reduced from Rs 4,200 to Rs 2,800. Sam Solomon prayed to CAT to set aside the transfer order and direct southern railway to accord him relevant grade salary.

In its reply, southern railway stated that the applicant had specifically requested for transfer in the lower scale of pay and based on this, he had been transferred to the Madurai division with appropriate pay scale.

The bench, comprising judicial member K. Elango and administrative member Naresh Gupta, held that the applicant had sought reversion of his pay after promotion and in such a case he cannot continue in the pay scale of the higher post.

The inter-railway or inter-divisional transfer cannot be claimed as a right and such request considered on hardship. If so, such employees must be placed below all existing staff in the relevant grade in the new unit, the bench added.