LABH SINGH WARYAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiff's appeal from the judgment and decree of the learned Additional Senior Sub-Judge, with enhanced appellate power, Delhi, affirming the judgment and decree of the Court of first instance dismissing the plaintiff's suit for a declaration that this alleged reversion to the post of a semi-skilled labourer in the grade of Rs.35-1-60 from the grade of Rs.55-130 is illegal, ultra vires and void, and that he continues to be a skilled labourer in the grade of Rs.55-130 as a pump engine driver and also entitled to receive his pay in the grade of Rs.55-130 from 1st January, 1962 to the date of decree as well as in future.

(2.) It is unnecessary to give various details of the plaintiff's prior history. Suffice it to say that, according to him, he was confirmed to the post of a skilled labourer as a pump engine driver at Shakurbasti in the pay scale of Rs. 55-130 from 1st January, 1947. The defendant-respondent has, on the other hand, pleaded that the plaintiff, on joining the East Punjab Railway, was posted as an assistant pump engine driver at Shakur Basti and has continued as such in the semi-skilled grade. Payment of higher salary to the plaintiff, according to the defendant's plea, was due to a mistake, and that rectification of the mistake does not amount to a reduction in the rank attracting Article 311 of the Constitution. The short question, therefore, which falls for consideration, is whether the plaintiff was confirmed as a pump engine driver and, therefore, a skilled labourer, or his substantive post was that of an assistant pump engine driver, which is admittedly the post of an unskilled labourer.

(3.) Both the Courts below have come to the conclusion that the plaintiff has all along been an unskilled labourer and was never confirmed as a skilled labourer.