LAWS(JHAR)-2010-1-168

UNION OF INDIA (UOI) THROUGH S.C. MAHAPATRA, DIVISIONAL PERSONS OFFICER, SOUTH EASTERN RAILWAY Vs. B. NARAYANA RAO, GENERAL MANAGER,

Decided On January 18, 2010
Union Of India (Uoi) Through S.C. Mahapatra, Divisional Persons Officer, South Eastern Railway Appellant
V/S
B. Narayana Rao, General Manager, Respondents

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the petitioner seeks writ of certiorari for quashing the order dated 15.7.2009 passed by the Central Administrative Tribunal, Circuit Bench at Ranchi in O.A. No. 169 of 2008 whereby he has held that the respondent is entitled to protection of his pay on his absorption in Grade 'D' post and accordingly directed the petitioner to fix his pay accordingly.

(2.) THE facts which are not in dispute are as under:

(3.) ADMITTEDLY , the respondent while engaged as casual labourer was subsequently placed in the pay scale of Rs. 4000 -6000/ - and during that period, he was working in skilled grade. However, subsequently the respondent was absorbed in Grade 'D' unskilled grade and sought to be placed in the lower pay scale of Rs.2550 -3200/ -. This act of the petitioner will not amount only reversion in the pay scale, but also reversion from skilled grade to unskilled grade. How a person after absorption in a particular grade will be paid lesser salary than what he was earlier getting i.e. a regular pay scale. In our view the Tribunal has rightly passed the impugned order directing the protection of pay scale of the respondent.