UNION OF INDIA Vs. HASMAT ALI

JUDGEMENT

(1.) UNION of India, General Manager Central Railways and Anr. have filed the present writ petition assailing the order passed by the Central Administrative Tribunal in O. A. No. 195 of 1999 on 6-10-2000, whereby the Tribunal has allowed the application filed by the respondent No. 1 and has declared that the respondent No. 1 shall be deemed to have been promoted to Grade III on regular basis at Coach Repair Workshop with effect from 27-2-91. His seniority be determined afresh. If it is found that the respondent No. 1 is senior to other direct recruits, he shall be continued in the post to which he was promoted as Grade I and he shall also be entitled to pay and allowances with effect from the date of his reversion till the stay order was passed by the Tribunal. Directions for re-determination of his seniority in Grade II and Grade III have also been issued on the similar basis.

(2.) THE facts unfold that the respondent No. 1 was initially appointed as Khalasi Grade IV in the pay scale of Rs. 750-940 vide order 26-8-83 and was posted at Parel Workshop, Mumbai. He was given the pay scale of Rs. 800-1150 in the year 1986. In the year 1989, vide order dated 15-7-89, the applicant was transferred from Parel Workshop, Mumbai to Coach Repair Workshop, Bhopal.

(3.) FROM the post of Khalasi/helper, the next promotion is to the higher grade - Grade III i. e. Skilled Artisan, for which the department has prescribed passing of an examination, which was cleared by respondent No. 1 and he was promoted to Grade III i. e. Skilled Artisan in the pay scale of Rs. 950-1500/-vide order dated 27-2-91. Thereafter, it appears that on 20-9-93 an order was passed treating him regularly promoted with effect from 16-6-93. Proforma seniority and pay scale was granted with effect from 16-6-93. Thereafter, the respondent No. 1 again appeared in the departmental examination required to be passed for promotion to the post of Coach Repairer Grade II. On passing it successfully, he was promoted to the post of Coach Repairer Grade II in the pay scale of Rs. 1200-1800 vide order dated 11-10-93. Thereafter, with effect from 19-7-96, the respondent No. 1 was promoted to the post of Coach Repairer Grade I in the pay scale of Rs. 1320-2040 after passing the prescribed departmental examination. Thereafter, all of a sudden, the respondent No. 1 was reverted vide order dated 23-2-99 from the post of Coach Repairer Grade I to the post of Coach Repairer Grade II. The reversion order was passed on the ground that there were shortage of posts to accommodate direct recruit candidates.