HARMOHINDER SINGH Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions Nos. 148-D of 1965 (Harmohinder Singh v. General Manager, Northern Railway and others and 153-D of 1965 (K. Audiseshan v. General manager, Northern Railway and others). The basic problem arising in both the writ petitions is similar, though there is a slight difference in the facts.

(2.) Harmohinder Singh, petitioner served in the Army from 6th July, 1943 to 9th April, 1953 as Havildar Clerk while petitioner K. Audiseshan served in the Army as Havildar Clerk from 12th June 1945 to 22nd February, 1953. Both were appointed as Commercial Clerks in the Northern Railway on 16th August, 1953 and both of them claim that on their appointment to the railway service they were entitled to the benefit of war service so that their pay scales had to be fixed on the basis as if they were appointed in the Railways at the time they commenced work in the army. Petitioner Harmohinder Singh claimed that he was entitled to the benefit of 9 years, 9 months, while petitioner K. Audiseshan claimed the benefit of 7-1/2 years. As a matter of fact, both the petitioners were given the benefit of 6 years and the petitioners have not raised any dispute regarding that. In the present petitions, the petitioners have alleged that on their appointment in the Railway their cases were finalised by the Divisional Personnel officer (Respondent No. 2) after getting the sanction of respondent No. 1 giving them credit of the service rendered by them in the Army and consequently the salary of each of the petitioners was fixed at Rs.84/- in the prescribed scale. At this stage, it may be mentioned that there were three scales prevailing at different times.

(3.) The statement of increment granted as a result of fixation in A./Scales of pay