UNION OF INDIA Vs. SHYAM KISHORE TRIPATHI

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THIS writ petition has been preferred by the appellants challenging the validity and correctness of the impugned judgment and order dated 27.4.2005 passed by the Central Administrative Tribunal, Allahabad (hereinafter referred to as 'the Tribunal) in Original Application No. 270 of 2001, Shyam Kishore Tripathi versus Union of India and others, whereby the aforesaid O.A. was allowed.

(3.) IT appears that he was transferred from Katihar Division to Allahabad Division on his request in 1979 and was placed at the bottom of the seniority. Several representations were made by him to appellant nos. 1 and 2 for fixation of pay and for counting of his past services rendered by him as Assistant Station Master at Katihar Division but in vain. However, in December, 1996 the General Manager (P), Maligaon Guwahati seems to have made correspondence with the Executive Director, Railway Board regarding regular appointment of Guard Grade -III. Again, respondent no. 1 moved a representation dated 19.6.2000 making a reference to the Railway Board's letter dated 14.4.1980 which specifically provided that ad hoc appointments made during 1974 to 1977 may be treated as regular with effect from the dates on which the applicants were originally appointed. An order dated 01.10/11.2000 was received by respondent no. 1 to the effect that his ad hoc service as Assistant Station Master w.e.f. 4.6.1976 to 17.5.1979 could be considered only for the purpose of pensionary benefits. Thus, no order was passed with regard to his pay fixation counting of past services.