UNION OF INDIA Vs. L C PALIWAL

JUDGEMENT

(1.) HEARD Mr. R. K. soni, learned counsel for the Union of India and Mr. J. K. Kaushik, learned counsel for the respondent herein.

(2.) THE respondent No. 1/applicant before the Tribunal was employed by the Railways as a Manager of a non-statutory canteen in the Western Railway at Udaipur. THE pay scale of the Manager Grade I of the statutory canteen was revised from Rs. 300-500 to 330-560 with effect from 1. 4. 82. THE Railway Board, by a letter dated 13. 5. 83, revised the pay scale in pursuance of the directions of the Supreme Court in MMR Khan's case in respect of the employees of non-statutory canteens also. THE Supreme Court, by its order dated 22. 4. 83 in MMR Khan's case held that all the employees of non-statutory canteen will be paid at the same rate and at the same basis on which employees of statutory canteens are being paid. THE Supreme Court has further directed that the said direction will take effect from 1. 6. 82. That being the date, from which according to the petitioners therein, they have not been paid salary. THE Railway Board, on 13. 5. 83, issued a circular revising the scale of pay for the Manager as Rs. 330-480 instead of Rs. 330-560, which was challenged before the Tribunal by the first respondent.

(3.) IT is not in dispute that the first respondent was receiving pay at Rs. 330-480. Therefore, in our opinion, the first respondent will be entitled to receive the revised pay scale from 1. 6. 82 but the arrears will be paid to him only from three years before the date of filing of the original application. We make it clear that the respondent/applicant, will be entitled to all the consequential benefits, except for the arrears of salary prior to 3 years before the filing of the original application.