KULKARNI V H Vs. DIVISIONAL SUPERINTENDENT SOUTHERN RAILWAY

JUDGEMENT

(1.) The petitioner V. H. Kulkarni was at one stage an assistant station-master. When a selection was made to the post of a section controller, he was appointed to that post on 6 March, 1955 and confirmed in that post on 29 May 1955. The pay-scale applicable to that post was Rs. 250 - 380. After his confirmation, it transpired that Kulkarni by reason of his physical condition was not able to carry on the duties of a section controller and so, he was given an alternative post as an assistant station-master in the same pay-scale, namely, Rs. 250 - 380. This was done on 2 November, 1961.

(2.) On 10 June, 1965, he was promoted as a station-master in the pay-scale of Rs. 355 - 425. From the chronology of events which we have stated, it is clear that even when the alternative appointment of an assistant station-master was made available to Kulkarni in place of the post of section controller, the two posts were regarded as equivalent posts especially since the pay-scale with respect to both the posts was Rs. 250 - 380 and that pay-scale was not altered. There was a further recognition of this equivalence when there was a promotion of the petitioner on 10 June 1965 to the higher post of a station-master on the higher pay-scale of Rs. 335 - 425.

(3.) But, quite surprisingly, on 27 May, 1966, the Divisional Superintendent substituted for the pay-scale of Rs. 335 - 425 which was applicable to the post of a station-master held by Kulkarni, a lower pay-scale of Rs. 205 - 280. On the same day, he made an order reverting the petitioner from the post of a station-master to his "parent post" which is explained to us as the post of an assistant station-master. Kulkarni who is the petitioner before us asks us to quash both these orders made by the Divisional Superintendent, and, there can be little doubt that they should be quashed. The first of the two impugned orders reads : <FRM>JUDGEMENT_34_TLKAR0_1968Html1.htm</FRM>