SHAIKH MEHABOOB Vs. RAILWAY BOARD

JUDGEMENT

(1.) The petitioner, who is a railway servant, is aggrieved by the refusal on the part of the respondents to pay arrears of salary consequent on his retrospective promotion to the higher grades.

(2.) The facts of the case are as follows: - The petitioner was originally working as a Basic Watch Repairer in the service of the railways. According to the petitioner, he was eligible for being promoted to the post of Skilled Grade II in the year 1968, but his junior was promoted to the said post in preference to the petitioner. He was also claiming promotion to the cadre of Skilled Grade I. As the same was denied, the petitioner filed W.P. No. '2579 of 1973. During the pendency of the writ petition, the petitioner was promoted. Accordingly, a memo was filed stating that the grievance of the petitioner did not survive. The writ petition was therefore dismissed as having become unnecessary, by an order dated 18.2.75 (Ex.B). He was given promotion as H.S.K. II from 17.7.71 and H.S.K.I. from 1-8-72. The petitioner claimed that because for no fault of his, the promotion was denied to him till 10.3.75, he was entitled to the difference of salary from 17-7-71 as H.S.K. II and from 1.8.72 as H.S.K.I. This claim of the petitioner was rejected as per the endorsement, a copy of which is produced and marked as Exhibit-D, which reads:

(3.) From the above endorsement, it is clear that the pay of the petitioner had been revised with effect from 17-7-71 in HSK II and from 1.8.72 in HSK I, but the difference of salary was denied. This was done on the basis of the circular of the railway board, a copy of which is produced and marked as. Exhibit-E, which reads: