WALLU RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree of Shri Y. L. Taneja, Additional District Judge, Delhi, whereby he maintained the order of the trial Court dismissing the plaintiff's suit with costs.

(2.) THE plaintiff is a Railway employee having entered service as far back as the year 1915 and he held substantively the post of the Station Master Grade II even before the partition of the country. It is not now disputed that in September. 1948, he passed the P. III course which entitled him to promotion. After the partition of the country he wag selected as a Station Master Grade IV on the 27th of January, 1948, the scale of pay applicable to which post was 200-10-250. This selection was approved by the Headquarters Office on the 6th of July, 1948. Though several vacancies occurred in that grade, officials junior to the plaintiff were promoted to it and to higher Grades V and VI to which the scales of pay applicable were 260-10-300 and 320-15-350 respectively. The plaintiff made representations to the higher authorities. In the meanwhile, the scales of pay of the various Grades of the Station Masters were revised and the old Railway employees were required by the circular (Ex. p. 65) to exercise their option before the 30th of April, 1948, either to retain the existing scales both on their present posts as well as on promotion to the higher posts or to come on the new scales of pay which were known as the prescribed scales. So far as the Station Masters of Grades II and III were concerned, the new scales were more favourable than the old ones as the former went up to a higher maximum. As regards the Station Masters in Grades V and VI, the new scales, being 200-10-300, were leas favourable. The plaintiff's case was that since his representations against his supersession were already pending, he could not make any final choice between the old scales and the prescribed scales. If his representations failed and he had continued in Grades II and III the new scales were more favourable to him while if they succeeded the old scales would be more advantageous. Accordingly, the plaintiff while exercising his option sent with it a covering letter, copy Ex. P. 4, in which he said that he was opting for the prescribed scales provisionally pending the decision of his representations. The option itself is Ex. D. I, dated the 12th of April, 1948.

(3.) SUBSEQUENTLY in August, 1948, the plaintiff was sent to Jind as Station Master Grade V and in December, 1948, to Pathankot in the same Grade and in February, 1949, to Jullundur again in Grade V. The Copy Ex. P. 49, dated the 27th of December, 1950, shows that the plaintiff's name was by virtue of the selection made by the Railway Board put on the approved list for Station Masters Grades V and VI, and he was officiating in Grade V when a few days later he was transferred to the Delhi Division. Right up to the 3rd of July, 1951, the petitioner continued to be paid Rs. 270/- P. M. i. e. , in the Grade 200-10-300. Then the Government appears to have discovered that he was not entitled to this grade and from the 3rd of July, 1951. his pay was reduced to Rs. 200/- P. M. i. e. the minimum pay of a Station Master Grade V under the prescribed scales.