UNION OF INDIA Vs. M S SAIYED

JUDGEMENT

(1.) Both these appeals which are instituted under Clause 15 of the Letters Patent are directed against common judgment dated 7/02/1985, rendered by the learned Single Judge in Special Civil Applications No.4824/84 and 4825/84. The appeals involve common questions of fact and law. Therefore, we propose to dispose of these two appeals by this common judgment.

(2.) The respondents in both the appeals joined service of Railway Administration as Ticket Collectors on different dates. They were promoted as Leave Reserve Ticket Collectors on different dates. The service particulars of the respondents are shown in a statement which is annexed to the respective petition. In due course, the respondents were promoted as Passenger Guides on different dates as mentioned in the statement annexed to the respective petition and thereafter they were promoted to the post of Travelling Ticket Examiners. It may be mentioned that the post of Passenger Guide is a promotional post and carries higher duties as well as responsibilities than the post of Leave Reserve Ticket Collector. According to the respondents, they were required to be given one increment above stage at which they were drawing their pay in the post of Leave Reserve Ticket Collector, on their appointment to the post of Passenger Guide in view of the provisions of Rule 2018-B of the Indian Railway Establishment Code. The Railway Board issued a letter dated 30/10/1976 revising pay of Travelling Ticket Examiner, but disallowed the benefit of fixation of pay under Rule 2018-B of the Indian Railway Establishment Code. By the said letter, the respondents' pay in the post of Travelling Ticket Examiner was revised by disallowing the benefit of fixation of pay under Rule 2018-B of the Code. The respondents had received one increment on their promotion from the post of Leave Reserve Ticket Collector to the post of Passenger Guide and then another increment on their promotion from the post of Passenger Guide to the post of Travelling Ticket Examiner, but benefit which the respondents had received under Rule 2018-B of the Code on their promotion from the post of Leave Reserve Ticket Collector to the post of Passenger Guide was withdrawn. Therefore, the respondents in Letters Patent Appeal No. 224/86, filed Special Civil Application No.4824/84 and prayed the Court to direct the authorities to restore to them the benefit of pay fixation under Rule 2018-B of the Indian Railway Establishment Code from due dates which was withdrawn pursuant to the Railway Board's letter dated 30/10/1976 and to pay to them the increments and difference in salary on that basis. It was also prayed to direct the authorities to fix their pay in the grade of Travelling Ticket Examiner on that basis from due dates and to grant them the consequential benefits of pay fixation, increments, difference in salary etc.

(3.) After hearing the learned Counsel for the parties, the learned Single Judge directed the original respondents who are appellants in these two appeals to treat the original petitioners as having been promoted from the post of Ticket Collectors to the post of Passenger Guides and further promoted from the post of Passenger Guides to the post of Travelling Ticket Examiners. The learned Single Judge also made a declaration to the effect that the original petitioners would be entitled to a revised pay fixation and directed the respondents to work out and pay the revised pay within the time stipulated in the operative part of the judgment. The learned Single Judge has allowed both the petitions by common judgment dated 7/02/1985, giving rise to these appeals.