SABBAN KHAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Sabban Khan, the petitioner has filed that writ for mandamus directing the respondents to regularise and fix his pay. The prayer further made is about the payment of arrears of his salary after making necessary adjustment of the benefits accrued during the period of his removal and reinstatement.

(2.) It appears that the petitioner was removed from service under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968. The petitioner challenged his removal in this Court by means of Writ No. 2789 of 1979. The writ petition was allowed on July 10, 1979 and the removal order dated 9-10-1975 was held to be illegal. Consequent upon the setting aside of the removal order the petitioner was reinstated under the orders of DRM (Personal) Mandal Adhikari, Izatnagar dated 6-12-1979. Pursuant to the reinstatement order the petitioner joined on 14-12-1979 and is working on the post given to him since then.

(3.) The complaint of the petitioner in this writ petition is that despite his repeated request and reminders to the authorities his pay has neither been fixed nor regularised as a result whereof he is suffering irreparable loss. The petitioner's grievance appears to be justified. After reinstatement the petitioner was entitled to fixation of his salary and regularisation. The respondents are, therefore, directed to fix the salary of the petitioner and get the payment made to him. This matter has been hanging since 1975.