LAWS(MAD)-2018-10-386

UNION OF INDIA Vs. S JACOBRAJ

Decided On October 25, 2018
UNION OF INDIA Appellant
V/S
S Jacobraj Respondents

JUDGEMENT

(1.) The brief facts that are necessary for the disposal of the Writ Petition are as follows:-

(2.) According to the petitioners, a temporary status attained casual labour is not a regular railway servant and the first respondent can become a regular railway servant only after screening and absorption by Selection Board against regular vacancies of Group "D" posts such as Khalasi, Gangman, etc.

(3.) Since the first respondent was granted only a temporary status as Khalasi, it is stated that the first respondent knew well that the temporary status attained casual labours like the first respondent cannot claim any right for absorption on regular establishment unless they are selected through Selection Board for Class IV posts. When the fourth pay commission was implemented with effect from 01.01.1986, the first respondent's pay was also fixed. The first respondent was utilised by the department as Gangman for Pway Track Maintenance work by the construction organisation from 10.07.1988. As per the instruction of the Chief Personnel Officer, Southern Railway, Chennai, dated 07.10.1988, it is stated by the petitioner that the pay of the first respondent was wrongly fixed at Rs. 859/- in the pay scale of Rs. 775-1025/- with effect from 10.07.1988 instead of 823 from the date when he was utilised as Gangman in Pway Track Maintenance work.