2025:KER:24646 OP (CAT) NO. 52 OF 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 OP (CAT) NO. 52 OF 2020 AGAINST THE ORDER/JUDGMENT DATED 07.01.2020 IN OA NO.502 OF 2016 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS: 1 P.R.MANIKANDAN, AGED 41 YEARS, S/O. RAMACHANDRAN. TRACK MAINTAINER IV, SSE/P.WAY/TCR/ TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT POOPARAMBIL, PADINJARETHIL, HOUSE, MULLAKKARA, VADAKKANCHERY, TRICHUR. 2 PRASAD.P.P., AGED 40 YEARS, S/O. PARAMESWARAN, TRACK MAINTAINER IV, SSE/P.WAY/TCR/ TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT PULINCHIRAVALAPPIL, CHELAKKARA, VENGALLUR POST, TRICHUR. 3 M.M. IBRAHIM, AGED 30 YEARS, S/O.M.K. MOHAMED, TRACK MAINTAINER IV, SSE/P.WAY/TCR/ TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT MANNUVATTATHU HOUSE, CHERUTHURUTY POST, 4 VIJESH P.V., AGED 34 YEARS, S/O. VISWAMBARAN, TRACK MAINTAINER IV, SSE/P.WAY/TCR/ TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT PARAKKUNATH HOSUE, IRUNILAMKODE P.O. MULLOORKARA, TRIHCUR. 2025:KER:24646 OP (CAT) NO. 52 OF 2020 2 5 MOHANDAS.V., AGED 31 YEARS, S/O. VELAYUDHAN, TRACK MAINTAINER IV, SSE/P.WAY/TCR/ TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT MARATHAVALAPPIL, ENKKAD POST, VADAKKANCHERRY, TRICHUR. 6 P.C. PRADEEP KUMAR, AGED 33 YEARS, S/O. P.P. SANKARAN, TRACK MAINTAINER IV, SSE/P.WAY/TCR/ TRIVANDRUM DIVISION, SOUTHERN RAILWAY, RESIDING AT PARALA HOUSE, VETTIKKATTIRI POST, CHERUTHURUTHY, TRICHUR. BY ADVS. MARTIN G.THOTTAN VARGHESE JOHN RESPONDENT S : 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, GOVT. OF INDIA, MISANDRY OF RAILWAYS RAIL BHAVAN, NEW DELHI -10 001. 2 THE GENERAL MANAGER, SOUTH RAILWAY, PARK TOWN, CHENNAI -6000 003. 3 THE SENIOR DIVISIONAL PERSONNEL, OFFICER, SOUTH RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM -14. BY ADVS. SRI.N.K.SUBRAMANIAN, SC, RAILWAYS SHRI.K.S.PRENJITH KUMAR, CGC THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24646 OP (CAT) NO. 52 OF 2020 3 JUDGMENT AMIT RAWAL, J. 1. Petitioners – applicants were appointed on compassionate ground as Trainee Track man in Southern Railways. Since the qualification for Track man was Matriculation and though had a different pay scales with grade pay, were not granted the said pay scale but was paid a pay scale of Rs.4,440-7,440/- without grade pay. For a person holding matriculation, the pay band was PB-1 Rs.5,200-20,200/- with grade pay of Rs.1,800/-. During the interregnum, applicants–petitioners obtained the matriculation certificate from Board of Secondary Education Madhya Bharat, Gwalior, and submitted the same to the department. Accordingly, they were granted the PB-1 Rs.5,200-20,200/- with grade pay of Rs.1,800/-. However, owing to the circular issued by the Government of India, Ministry of Railways dated 04.11.2013, it was clarified that the certificates/qualifications awarded by other Board of 2025:KER:24646 OP (CAT) NO. 52 OF 2020 4 schools including the Board of Secondary Education was not recognized. In this view of the matter, the respondent – department issued the impugned orders Exts.A4 to A9 and the services were deemed to be continued and treated as Trainee Track Maintainer-IV in pay band of Rs.4440-7440 without grade pay on 21.06.2013, with a further clarification that the over payment involved will be recovered in easy installments. The aforementioned orders were assailed before the Tribunal. Learned Tribunal vide impugned rejected the case on the ground that the matriculation certificate was unrecognized, therefore the orders under challenge were perfectly legal and right. In the Tribunal, during the pendency of the matter, there was stay of recovery, and in this Court also. 2. SriK.S.Prenjith Kumar, learned counsel appearing on behalf of the Union of India submitted that no separate recovery order has been passed but it is a necessary corollary that recovery would be ordered, for, the benefit 2025:KER:24646 OP (CAT) NO. 52 OF 2020 5 granted to them was on the basis of the matriculation certificate issued by an unrecognized Secondary Board, which was held to be inadmissible. The benefit will be granted only to the persons who have submitted a matriculation certificate from a recognized board of secondary education. 3. We have heard the learned counsel for the parties and appraised the paper book and are of the view that the findings of fact and law arrived by the Tribunal do not require any different opinion than the one arrived at, for the reason that, concededly the matriculation certificate obtained by the petitioners from Board of Secondary Education Madhya Bharat, Gwalior was not recognized as per the Government Order dated 04.11.2013. Rightly so the department withdrew the benefit of pay scale and the grade pay granted to them. But the fact remains, so far no recovery order has been passed. 4. We are of the view that it was not the fault of 2025:KER:24646 OP (CAT) NO. 52 OF 2020 6 the applicants to obtain the certificate at the relevant point of time because when they obtained the certificate, there was no such circular issued by the Government regarding the de-recognition of the said board of education. In this view of the matter, recovery shall not be made for the period the petitioners had been given the benefit of higher pay scale and grade pay. With the aforementioned clarification, O.P.(CAT) stands disposed off. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE nak 2025:KER:24646 OP (CAT) NO. 52 OF 2020 7 APPENDIX OF OP (CAT) 52/2020 PETITIONER EXHIBITS Exhibit P4 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE DATED 15.03.2021 ISSUED TO THE PETITIONER Exhibit P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 18.12.21 RESPONDENT ANNEXURES Annexure R1(a) A true copy of the Memorandum No.V/P524/PWAY/TCK/ Regularization dated 23.08.2023 issued by the 3rd respondent PETITIONER EXHIBITS EXHIBIT P1 (A6) TRUE COPY OF THE OFFICE ORDER BEARING NO. V/P 524/1/P.WAY/TCR/FIXATION DATED 12.04.2016 ISSUED ON BEHALF OF THE THIRD RESPONDENT TO THE THIRD APPLICANT. EXHIBIT P1 (A7) TRUE COPY OF THE OFFICE ORDER BEARING NO. V/P 524/1/P.WAY/TCR/FIXATION DATED 12.04.2016 ISSUED ON BEHALF OF THE THIRD RESPONDENT TO THE 4TH APPLICANT. EXHIBIT P1 (A8) TRUE COPY OF THE OFFICE ORDER BEARING NO. V/P 524/1/P.WAY/TCR/FIXATION DATED 12.04.2016 ISSUED ON BEHALF OF THE THIRD RESPONDENT TO THE 5TH APPLICANT. EXHIBIT P1 (A9) TRUE COPY OF THE OFFICE ORDER BEARING NO. V/P 524/1/P.WAY/TCR/FIXATION DATED 12.04.2016 ISSUED ON BEHALF OF THE THIRD RESPONDENT TO THE 6TH APPLICANT. EXHIBIT P1 (A1) TRUE COPY OF THE LETTER NO. V/P 2025:KER:24646 OP (CAT) NO. 52 OF 2020 8 524/1/PWY /TCR/FIXATION DATED 21.09.2015. EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION O/180/00502/2016 FILED BY THE PETITIONERS BEFORE THE HONBLE CAT, ERNAKULAM BENCH. EXHIBIT P1 (A3) TRUE COPY OF THE RAILWAY BOARD ORDER NO. 118 OF 2013 COMMUNICATED BY PBS NO. 145 OF 2013 DATED 18.11.2013. EXHIBIT P2 A TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS DAD 03.02.2017 IN OA 502 OF 2016. EXHIBIT P2 (R1) TRUE COPY OF THE PUBLIC NOTICE ISSUED BY MINISTRY OF HUMAN RESOURCE DEVELOPMENT DATED 28.10.2013. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07.01.2020 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A. NO. 180/00502/2016. EXHIBIT P1 (A2) TRUE COPY OF THE OBJECTION DATED 05.10.15 SUBMITTED BY THE 1ST APPLICANT. EXHIBIT P1 (A4) TRUE COPY OF THE OFFICE ORDER BEARING NO. V/P 524/1/P.WAY/TCR/FIXATION DATED 12.04.2016 ISSUED ON BEHALF OF THE THIRD RESPONDENT TO THE FIRST APPLICANT. EXHIBIT P1 (A5) TRUE COPY OF THE OFFICE ORDER BEARING NO. V/P 524/1/P.WAY/TCR/FIXATION DATED 12.04.2016 ISSUED ON BEHALF OF THE THIRD RESPONDENT TO THE SECOND APPLICANT.