Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Railway Establishment Code 1965 Rule 1316:. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Railway Establishment Code, 1965; Rule 1316: Stepping up of pay-Drivers Grade-C promoted to the post of Loco Supervisor-Drivers Grade-A though promoted later but getting higher pay-Justification of-Held: Drivers Grade-A, Drivers Grade-Band Drivers Grade-C constitute different sources of recruitment to the post of loco Supervisors-Since sources of recruitment were different, principle of stepping up of pay inapplicable. Appellant-Drivers Grade-C were promoted to the post or Loco Supervisors in the Central Railways. Later, Drivers Grade-A were also promoted. In the meantime, the Railways accepted the recommendations or the Fourth Pay Commission, as a result of which appellants were getting lesser pay than those promoted later. Aggrieved, appellants made representations to Railway Authorities for stepping up of their pay and also for payment of arrears. Authorities issued a Circular whereby their pay was stepped up. However, the Circular was later withdrawn on the ground that the conditions necessary for stepping up of the pay as provided under Rule 1316 of the Railway Establishment Code were not fulfilled. Aggrieved, some of the Loco Supervisors, other than the appellants, filed petitions before the Central Administrative Tribunal against the order of withdrawal of the Circular. CAT upheld their claim. Union or India preferred appeal before this Court which was allowed by the Court setting aside order of CAT. Subsequently, petitions were filed by the appellants before CAT, challenging the order of withdrawal of the Circular. Petitions were rejected by CAT. Appeals against the order of CAT were allowed by the High Court. Hence the present appeals. Appellants contended that the case of Union of lndia and Ors. v. O.P. Saxena, [1997] 6 SCC 360 requires reconsideration since this Court, while dealing with that case had assumed that Codal Conditions as per Rule 1316 of the Railway Establishment Code could be applied to persons similarly situated as the appellants, and that erroneous assumption has led to the erroneous conclusion in that case; and that the decision of this Court does not apply to the facts and circumstances of the present case. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2005 INSC 32 |
Petitioner | Surender Kumar |
Respondent | Union Of India And Ors. |
SCR | [2005] 1 S.C.R. 468 |
Judgement Date | 2005-01-13 |
Case Number | 1022 |
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