V RAVISHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment shall dispose of two writ petitions they being, W.P. No.20553 of 2000, filed by one V. Ravishankar and W.P. No.18725 of 1999, filed by the Railway Administration. While the first writ petition emanates out of the common order passed by the Central Administrative Tribunal (in short the Tribunal ) in O.A. No.483 of 1997, the second writ petition emanates out of the order passed in O.A. No.1103 of 1996. For understanding the controversy involved, the following facts will be necessary. We will refer to the parties by their respective position in W.P. No.20553 of 2000.

(2.) Petitioner, V.Ravishankar, in W.P. No.20553 of 2000 was appointed as Project Casual Labour (Wiremen Grade II) in Railway Service and because of his continuously working as Wiremen Grade-II, he was granted temporary status as Wiremen Grade-II, by order dated 24-11-1986, with effect from 1-1-1984. He was, thereafter, temporarily promoted to the post of Wiremen Grade-I by order dated 18-1-1990. The scale of pay applicable to the post of Wiremen Grade-II then was Rs.210-290, which was later on revised to Rs.800-1150. When the petitioner was promoted to the post of Wiremen Grade-I, he was granted the pay in the scale of pay of Rs.950-1500.

(3.) The petitioner, however, approached the Tribunal by way of O.A. No.1103 of 1996, claiming the pay in the scale of pay of Rs.1320-2040 which, according to him, was the scale of pay applicable to him. For this purpose, the petitioner relied on the pay granted to one Periasami, who had also approached the Tribunal by way of O.A. No.1135 of 1996 and which application stood allowed and according to which, the said Periasami was being granted pay in the scale of pay of Rs.1320-2040. The contention of the petitioner therein was that Periasami though was working as Motorpump Mechanic Grade-II, he was in the same grade as that of the petitioner and, therefore, the petitioner was also entitled to draw the pay in the scale of pay of Rs.1320-2040. This original application, O.A. No.1103 of 1996, was allowed by the Tribunal on 8-2-1999 against which, the Railway Administration has come in the second mentioned writ petition.