- (1.) Delay condoned.
(2.) Special leave granted. Heard.
(3.) The respondent, Kishan Gopal Vyas, a casual labourer, was appointed as khalasi in October 1969 under the Inspector of Works in the Railways at bikaner which is a Class IV post in the Civil Engineering Department. The respondent claimed that he was entitled to be regularised as a Storekeeper/clerk which is a Class III post in that Department because he possessed the requisite qualification for that post and he had been working in that capacity for quite some time. An application made to this effect by the respondent has been allowed by the central Administrative tribunal, Jodhpur bench by the impugned order dated 6/7/1992. The tribunal has given a direction as under: "We accordingly allow the application partly and direct that the applicant be paid the arrears on account of difference between the pay of store Issuer/store Clerk on which post he was working and the pay already drawn, period of three years before the date of his filing of application in the tribunal viz. 23/8/1990 and thereafter, shall also be allowed to continue to perform the duties of the post of Store Clerk/store Issuer and paid accordingly unless he fails to qualify in or to avail of two additional chances to qualify in the suitability test for promotion to the post of clerk or the work presently entrusted to him is entrusted to an existing or a regularly appointed clerk. Parties to bear their own costs. "aggrieved by the order of the tribunal, this appeal by special leave has been filed by the Union of India.;