CHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution for quashing the order dated 5.3.2002 (Annexure-19 to the writ petition) passed by the Central Administrative Tribunal, Allahabad, in Original Application No. 1174 of 1995, Charan Singh and Ors. v. Union of India and Ors., for quashing the order dated 4.10.1993 (Annexure-11 to the writ petition) and for a writ of mandamus directing the respondent Nos. 1 to 4 to pay the arrears of salary to the petitioners on account of their promotion to the post of Senior Wagon Repairers--Grade II with effect from the date mentioned in the promotion order dated 30.11.1992 and to give all consequential benefits and arrears of salary along with interest payable to the petitioners.

(2.) We have heard learned counsel for the petitioners at length.

(3.) The applicant Nos. 1 to 67 and husband of applicant No. 68 in Original Application before the Central Administrative Tribunal were selected as Trade Apprentices in Mechanical Workshop, Central Railway, Jhansi and after completing their training, they were appointed as Skilled Men in the trade of Wagon Repairers in the pay scale of Rs. 950-1,500. There was one another source of appointment as skilled workmen by way of khalasi helpers after passing the trade test. A decision for restructuring class IV staff including khalasi helper was taken on 13.11.1982. It was decided to enforce the restructuring with effect from 1.8.1978. As a result of this restructuring, khalasi helpers working in the pay scale of Rs. 825-1.150 were upgraded in the pay scale of Rs. 950-1,500. There was confusion about the date from which the khalasi helpers may be given seniority in the upgraded scale of Rs. 950-1,500. A decision was taken that upgraded khalasi helpers should be assigned seniority from 1.8.1978. The applicants before the Central Administrative Tribunal were aggrieved by this decision and they filed Original Application Nos. 684 of 1986 and 773 of 1986 before the Central Administrative Tribunal. These two original applications were dismissed. This matter went up to the Supreme Court in Civil Appeal Nos. 642 and 642A of 1986. During the pendency of the appeal before the Supreme Court, it was decided by the Railway Board that even the seniority of khalasi helpers shall be reckoned from the date they passed trade test in skilled category. This decision was taken on 26.3.1990, Thereafter, the Supreme Court disposed of all the appeals and petitions on 12.2.1992 in terms of the Railway Board's letter dated 26.3.1990.