M POOSWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) As on 18-7-1969 the petitioner was a confirmed Foreman 'B' in the pay scaleof Rs.370-575 in South Central Railways. In pursuance of an award of the Railway Labour Tribunal, presided over by Shri N.M. Miabhoy, Retired Chief Justice, High Court of Gujara'h, (hereinafter referred to as 'Miabhoy award'), the Central Government infer alia sanctioned the upgradation' of the pogts of Foremen 'B' in the pay scale of Rs.370-575 in the Mechanical Electrical, Signal and Tele Communication Work-shops of the Railways to the scale of Rs.450-575 and designated them as 'Assistant Shop Superintendents'. The relevant pant of the decision of the Government communicated by the Railway Board reads thus :- (Exhibit 'C').

(2.) The Government besides accepting the above decision, have agreed to the benefits being extended to the Civil Engineering Workshops as well and accordingly it has been decided as under : - (i) The posts of Foreman 'A' in the Authorised Scale of Rs. 450/-575 in the Mechanical, Electrical, Signal and Telecommunica and Civil Engineering Workshops should be re-designated as "Shop Superintendent" and the incumbents of these posts be granted a special pay of Rs.150 per month with effect from 1-8-1972. (ii) All the posts of Foreman 'B' in scale Rs.370/575 in the Mechanical, Electrical, Signal and Telecommunication Workshops and of Foreman in scale Rs.335|-485 in Civil Engineering Workshops, should be upgraded to the scale of Rs.450|-575 and redesignated "as "Assistant Shop Superintendent" with effect from 1-8-70. The pay of the incumbents of the upgraded posts should be fixed proforma from 1-8-70 under Rule 2017-B (F.P. 22-C) R.11, and arrears shall be paid from 1-8-72 only.

(3.) This has the sanction of the President. According to the above order, the posts of Foreman 'B' in the pay seals of Es.450-575 and the said upgraded posts were redesdgnated as 'Assistant Shop Superintendents' with effect from 1-8-1970 and those that were holding the posts were given the benefit of higher scale of pay notonally from 1-8-1970 and factually from 1-8-1972. In pursuance of the said order, the pay scale of the petitioner has been re-fixed by the Railway Administration in its office Order N0.63/DL/73 dated 28-8-1973 (Exhibit 'D') It appears, the pay scale of Rs.450-575 has been revised to Rs.700-900. 2. By its order No.L|9 150|I|9 dated 20-9-1974 the Railway administration evidently in exigencies of service has transferred and posted the petitioner as EF/BG/UBL in Grade Rs.370-475 which is stated to have been revised subsequently. It is necessary to set out the relevant part of the said order : - The following transfers and postings are ordered with immediate effect : 3. Shri M.Pooswamy, Adhoc ASS|EMS|UBLS in grade Rs.700- 900 (RS) is transferred and posted as EFiBG|UBL in grade Rs.370- 475 (AS) vice Shri B. G. Gopinath Rao, EF /BG|UBL transferred to DEE0(M) BZA. Shri M.Pooswamy should take over from B.G. Gopinatha Rao to-day itself i.e., 20-9-1974 AN. The petitioner has challenged this order principally on the ground that in the guise of transfer, there is a reduction in rank in violation of Art. 311 of the Constitution of India.