UNION OF INDIA Vs. RAKESH KUMAR & ANOTHER

JUDGEMENT

(1.) The question which has arisen for consideration in the instant case is whether the respondent-applicant is entitled to salary of Grade-C or the Grade-D post for the period from 29.10.2012 till 02.04.2013.

(2.) The respondent-applicant was working as Khalasi, which is a Group-D post, in Electrical Wing of the Indian Railways. He had applied for the post of Clerk-cum-Typist (Group-C post) and was duly selected for the same by the Railway Recruitment Board, Ajmer. He then submitted his technical resignation from Group-D post to enable him to join the new post, which was accepted by the Department vide order dated 09.04.2012.

(3.) However, he was informed by the Divisional Railway Manager, Ajmer vide letter dated 30.04.2012 that he should report back for duty at Mawli Junction (Udaipur) as penalty had been imposed upon him. The order dated 09.04.2012 accepting his resignation was also cancelled by the Department on 25.05.2012.