RAM UJAREY Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was appointed as Khalasi under the Loco Foreman, Ambala Cantt. and was posted as Coal/Fuel Khalasi at Nangal Dam where he worked upto 15th of September, 1972. On 16th of September, 1972, he was spared and transferred to Carriage and Wagon Department of Northern Railway and was posted as Khalasi at Khanalampura Goods Yard, Saharanpur, where he joined on 20-9-1972. He was again transferred to Ambala Cantt. on 11-6-1978 where he passed the trade test for the post of Semi-skilled Fitter and was promoted to that post. He was further promoted, after passing the requisite trade test, as Skilled Fitter on 9-5-1979.

(3.) By an order D/- 18-4-1980, the appellant was reverted to the post of Khalasi in Carriage and Wagon Department. It was this order which was challenged by the appellant in Regular Suit No. 294 of 1980 which was decreed by the VIIIth Additional Munsif, Saharanpur, on 13-11-1981. This judgment was challenged in appeal, filed by the Railway Administration, in the Court of the District Judge, Saharanpur which was later transferred to the Court of IVth Additional Civil Judge, Saharanpur. While the appeal was pending in that Court, Central Administrative Tribunals Act, 1985 came into force and the appeal stood transferred to the Central Administrative Tribunal, Allahabad. The Tribunal allowed the appeal and set aside the judgment and decree passed by the trial Court as it was of the opinion that the suit had not been filed in the proper Court and consequently directed the plaint to be returned for presentation to the proper Bench of the Tribunal for a fresh decision.