UNION OF INDIA AND ORS Vs. NAVRANG LAL

JUDGEMENT

(1.) The petitioners/Union of India through the General Manager, Northern Railway & Ors. have impugned the order dated 1st August, 2006 passed by the Central Administrative Tribunal, Principal Bench in OA 1821/2005 titled as Navrang Lal v. Union of India and Ors., allowing the application of the respondent for protection of his last drawn pay in the construction division before he was repatriated to his parent division with Northern Railways, Bikaner, Rajasthan.

(2.) Brief facts to comprehend the disputes are that the respondent was appointed as daily rated casual mate w.e.f. 11th January, 1977 in the scale of Rs. 210-270. Temporary status in the grade of 225-308 was granted to him and thereafter he was regularized as Gangman in Group-'D' post on 31st March, 1997.

(3.) The respondent continued to work as a mate in Construction Division till he was repatriated to his substantial post in the parent division on 23rd June, 2001. After repatriation to the parent division, petitioner No. 3 sought protection of his pay on the basis of an order passed by the Tribunal in the matter of Liakat Ali v. Union of India and Ors. being OA 1917/2000 decided on 29th November, 2001 which order was confirmed by the High Court in WP(C) No. 7417/2001 titled as Liakat Ali v. Union of India and Ors. by order dated 19th August, 2003. On the basis of the said decision of the Tribunal, which was confirmed by the High Court, the respondent claimed from the petitioner that in the Construction Division, he had a pay scale of Rs. 3050-4590 while on repatriation he was downgraded to the scale of Rs. 2550-3600. On failure of the petitioners to protect his pay of Rs. 3050-4590, the respondent filed an original application being OA No. 1821/2005. Before the Tribunal, the reliance was placed on behalf of the respondent to Bhadei Rai v. Union of India and Ors., 2005 11 SCC 298, holding that though an employee who is repatriated may not be entitled for regularization on higher group post, however, such an employee is entitled to relief of pay protection.