UNION OF INDIA Vs. M M DATTA

JUDGEMENT

(1.) I have before me the two appeals arising out of the judgment and decree of the learned Senior Civil Judge, Ajmer, in a suit filed by Shri M. M. Datta against the Union of India for a declaration (a) that the plaintiff on his absorption on the Western Railway was entitled in a substantive capacity to a basic salary of Rs. 230/- per month in the pre 1931 time scale of Rs, 185 15-350 plus Rs. 4/8/- as interim relief alongwith, other admissible allowances and to fixation of his seniority and benefits of future promotion and calculation of retirement dues and pension accordingly in the old scales on the basis of his N. W. R. selection Board Selection; (b) a consequential relief in the form of a money decree for the amount that may be found due after taking accounts to have been paid short to the plaintiff in salary, pension and other retirement dues with interest at the rate of 6% from the date of the suit: and (c) for a decree for Rs. 2592. 25 paise said to have been illegally deducted from the plaintiff's pay and retirement dues, with interest at the rate of 6% from the date of the suit. The case set up by the plaintiff was briefly this : The plaintiff entered into the service of the North Western Railway in Mughalpura Workshop with effect from 12-5 1925. In 1943 he earned bis promotion to the selection post of a Senior Chargeman in the pre 1931 scale of Rs. 185-15-350 after passing the prescribed Selection Board test he continued to work without any break on the said selection post till the partition of India.

(2.) REGARDING the allocation of the civil services of the undivided India on partition between what came to be formed as Pakistan and the Dominion of India, there was, according to the plaintiff, a guarantee provided by the Indian Independence Act and the India (Provisional Constitution) Order, 1947. According to the aforesaid guarantee the plaintiff was asked to give his option and accordingly he opted for service under the Dominion of India. The plaintiff claimed that according to the aforesaid guarantee he was entitled to be deemed to have been duly appointed in a substantive capacity to the corresponding post in India and to be fixed on the same pay in the said time scale and to be given seniority on the basis of the date of his selection by the North Western Railway Selection Board for the selection post of a Chargeman. In accordance with his option he was ordered to join the Ajmer Railway Workshop and was provisionally allowed to draw a basic monthly pay of Rs. 210/- plus Rs 4/8/- as interim relief in the pre 1931 scale of Rs. 210-275 prevailing on the ex-BB & C. I. Railway which later on came to be constituted along with a few other Railway systems as the Western Railway. The plaintiff's grievance was that inspite of the aforesaid guarantee his initial pay, grade, confirmation and seniority after absorption were not fixed by the Western Railway and that question remained pending till 23-12-60 when a final decision was communicated to the plaintiff informing him that during the period 1-1-47 to 21-12-55 the over payment of Rs. 2592. 25 paise had been made to him and that the same was proposed to be recovered from him in monthly instalment of Rs. 40/ -. This came to the plaintiff as a surprise as instead of fixing him finally in place of his provisional fixation and giving him all the usual benefits flowing from such final fixation the amount of Rs 2592 25 paise was wrongly recovered from the plaintiff The plaintiff consequently served a notice under sec 80 Civil procedure Code to the General Manager, Western Railway and instituted the suit on 17-11-62. The reliefs claimed by him have already been set out in the beginning.

(3.) IT is in these circumstances that both the parties have filed appeals to this Court.