UNION OF INDIA Vs. LEHRI LAL

JUDGEMENT

(1.) Instant writ petition has been filed by the Union of India through the General Manager, North-West Railway, Jaipur against judgment dated 31.12.2007 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No.38/07, by which, to the extent of giving direction of protection of the basic pay last drawn at the time of reversion of the original applicant in view of having worked for long period on ad hoc basis, the original application filed by applicant-respondent has been allowed.

(2.) Brief facts of the case are that respondent-original applicant was appointed as Loco Cleaner in the year 1980 and, later on, he was promoted to the post of Fireman-I. Original applicant was further promoted as Diesel Assistant in the year 1993. He appeared in the selection for the post of Goods Driver in the year 1997 and passed the written test but could not qualify the viva voce test. However, he was promoted to the post of Goods Driver on ad hoc basis vide order dated 13.11.1997, Annex.-A/4 to the original application. Respondent-original applicant was also given paper promotion to the post of Senior Shunter in the pay scale of Rs.5000-8000 vide order Annex-A/5 dated 05.08.2002. This promotion was extended to him when respondent Lehri Lal was working on the post of Goods Driver on ad hoc basis.

(3.) In August 2003, selection for promotion to the post of Goods Driver was conducted, in which, respondent-original applicant appeared in the written- test but could not qualify. Therefore, he was reverted to the post of Loco Pilot (Senior Shunter) vide impugned order dated 25.08.2005. Upon such reversion his basic salary was also reduced from Rs.6,050/- to Rs.5,450/- with effect from 25.08.2005. Respondent-applicant being aggrieved by the said order preferred the original application before the Central Administrative Tribunal, Jodhpur Bench, Jodhpur.