THAKUR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) R. K. Mahajan, J. The judgment in this Second Appeal arising out of Original Suit No. 501 of 1977 decided on 23-4-79 and Civil Appeal No. 256 of 1979 allowing the appeal would also dispos'e of the connected Second Appeal No. 3080 of 1982 as com mon question of law and facts are involved and it is covered now by decision of Hon'ble Supreme Court in Civil Appeal No. 728-95/1983 Shiv Rattan Soni and others v. Union of India and others.

(2.) IT appears that Mian Bhai Commis sion was appointed to consider the grievan ces of railway employees and it gave its report. As a result of the report it was decided by the competent authority that all the Mistries who were working in the super visory capacity were to be upgraded as Char-geman Grade-B. IT is relevant to refer the grade. The Mistries who were working in the scale of Rs. 175-240 and later on in view of the recommendations of the Mian Bhai Commission report they were given grade of Rs. 425-700 (Grade-D ). Again this category of Chargeman-B was merged after abolition of Chargeman-C with the same grade Rs. 425-700. Appellants in these two appeals were working in Heat Treatment Workshop, Loco Workshop, North Eastern Railway, Gorakhpur at the relevant time.

(3.) LEARNED counsel for the appellant in Second Appeal No. 3080 of 1982 Shri Lalji Sinha has submitted that in view of the recommendations of the Mian Bhai Commission they were promoted in Grade-C and they are holding posts since long. He further submitted that it was only upgrada tion of post and there was no need of selec tion.