Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law :Railway Establishment Code : Rule 1802-Compulsory retirement-Railway servant-Promotion from Group 'C' post to Group 'B' post-Continuing on group 'B' post not only in ordinary scale but in senior scale of pay for over 10 years-Order of compulsory retirement passed-Claim for benefit of proviso to Rule-Held, proviso to Rule. 1802 not applicable. to the case-The officer continued as Group 'B' Officer in substantive capacity-He could not simultaneously continue on group 'C' post in substantive capacity.The appellant, an officer of Group 'B' service In Railways, unsuccessfully challenged before the High Court, the order compulsorily retiring him from service. In appeal before this Court, it was contended for the appellant that since he was not confirmed on Group 'B' post till his compulsory retirement, he was entitled to the benefit of the proviso to Rule 1802 of the Railway Establishment Code, which provided that a railway servant holding a Group 'C' post in substantive capacity and working on a Group 'A' or Group 'B' post in an officiating capacity, if required to be compulsorily retired in public interest, be allowed, on his request, to continue in service on Group 'C' post. ยท Dismissing the appeal |
Judge | N/A |
Neutral Citation | 1995 INSC 832 |
Petitioner | Gyan Chand |
Respondent | Union Of India And Ors. |
SCR | [1995] Supp. (6) S.C.R. 161 |
Judgement Date | 1995-12-04 |
Case Number | 11874 |
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