Delhi High Court Raps Railways For Forcing Medal-Winning Boxer Into Litigation Over Sports Increments; Imposes ₹20K Cost
The Delhi High Court has slammed the Railway authorities for forcing into litigation a medal-winning boxer, working under the sportspersons quota, for increments due to him.
A division bench of Justices Navin Chawla and Madhu Jain observed that a sportsperson, who brought recognition and honour to the country, had been made to run from pillar to post for what was legitimately due to him.
“Rather than acknowledging and rewarding his achievements, the petitioner chose to entangle him in protracted litigation spanning years, first before the learned Tribunal and now before this Court. This approach reflects a regrettable insensitivity towards employees who have contributed to the institution and the Nation's prestige through sporting excellence. The conduct of the petitioner in compelling the respondent to seek judicial intervention for benefits that are matter of his rightful entitlement is both arbitrary and unreasonable. Such treatment of sportspersons, who serve as ambassadors of national institutions, undermines the very objective behind the schemes meant to foster sports and morale within public service,” the bench said and imposed ₹20,000 costs on the Department.
The development comes in a writ petition moved by the Railways against CAT order directing it to grant increments of the Respondent-sportsperson.
The Respondent was recruited 17 advance increments in 2005.
In 2007, he won two medals at national and international championships. At the time, the operative policy prescribed that sportspersons are eligible for grant of additional increments for excellence in National and International Championships.
This was superseded by a 2010 Policy stipulating that only five additional increments can be granted to a railway servant in his entire service career on sports count.
Respondent sought additional increments based on his 2007 medals in the year 2014, which came to be rejected by the Railways citing delay and the 2010 policy.
Expressing its strong disapproval at such conduct of the Railways, the High Court said, “undoubtedly the 2010 Policy consolidates and supersedes earlier instructions, however, only prospectively and not retrospectively. The rights that had already accrued on the occurrence of qualifying achievements prior to 31.12.2010, shall be continued to be governed by the earlier Policies.”
The Court said Respondent's entitlement had crystallized on the dates of his medal-winning performances in 2007.
“The administrative act of processing or granting the increment could follow later, but the source and measure of the entitlement remain those policies which governed on the dates of the achievements,” it said.
As regarding the contention of delay, the Court said, “respondent having made a formal written request only on 19.06.2014, also does not defeat the claim of the petitioner as, firstly, the petitioner were themselves aware of the respondent participation and medal-winning performances, indeed, these were at the behest of the petitioner, secondly, the Policies do not prescribe any limitation period for moving a representation, and thirdly, mere administrative delay in asserting a claim cannot be used to deny a substantive right.”
In conclusion, the Court said it expects the Railway authorities to hereafter act with fairness and respect towards their own employees who bring medals to the organization, rather than forcing them into unnecessary litigation for recognition they have already earned.
Appearance: Mr. Siddhartha Shankar Ray, CGSC with Ms.Khushi Ramuka, Adv. for Petitioner; Mr. R. K. Mirg, Adv. for Respondent
Case title: Union of India v. Ajay Kumar
Case no.: W.P.(C) 10896/2024