Bhopinder Singh Dhillon, J. - (1.) This judgment will dispose of Letters Patent Appeals Nos. 42 and 43 of 1969.
(2.) In L. P. A. No. 43 of 1969, Madan Lal Chopra respondent was working as a Luggage Guard on 1.1-1949. He was declared medically unfit on 6-2.1950 and as a result thereof he was absorbed as a Brakesman in the lower scale of Rs. 60-80. It may be mentioned that the grade which he was enjoying as a Guard was Rs. 60-170. The posts of Luggage Guards in the Northern Railway were abolished on and with effect from 1-1-1949 Vol. 5 and the President of India vide his order dated 1-9-1950 directed that the Luggage Guards working as such oil 1-1-190 would be fitted in the scale of 'C' Guards as personal to them. Madan Lal Chopra respondent claimed the benefit of this order but he was not given the benefit Wazir Chand respondent in Letters Patent Appeal No. 42 of 1969 was given this benefit. Madan Lal Chopra respondent in LPA No. 43 of 1959 filed Civil Writ No. 192 of 1963 claiming the benefit of the President's order The petition was dismissed by Dua, J. (as he then was) on 19.8-1963 on the ground that the writ petition involved disputed questions of facts. Respondent Madan Lal filed Letters Patent Appeal against that judgment which a ,peal was dismissed by the Division Bench on 7-4-1964 However, while disposing of the LPA the learned Judges inter alia observed that the action of the Railway authorities discriminating the respondent as against others, did a,pear to be rather uncalled for and that the authorities might look into the entire case again and redress the wrong done to the respondent, who apparently could ill-afford to embark on a civil litigation for establishing his rights.
(3.) In pursuance of that judgment of this Court, the case of the respondent Madan Lal Chopra was reexamined the Divisional Superintendent, Ferozepote Cantt. and the General Manager, Northern Railway, and the contention of the respondent was accepted and his pay was re-fixed giving him the protection of the President's order. This was done by order of the Divisional Personnel Officer, Ferozepore, dated 10-9-1964. Respondent Madan Lal Chopra continued getting his revised pay till April, 1966. Later on, on the recommendation; of the Divisional Accounts Officer an order was passed by the General Manager (P), dated 4-4-1966 withdrawing the benefit from the respondent of the President's order dated 1-9-1950 on the ground that the said order had no application to the cases of staff declared medically unfit after 1-1-1949 and the pay of the respondent was reduced. Madan Lal Chopra, respondent, then filed Civil Writ No 1068 of 1966 challenging this order which petition was accepted by Narula, J. on 27-1-1967 and the order dated 4.4.1966 was quashed. The learned Judge found that the benefit given to respondent Madan Lal Chopra could not be withdrawn without affording him any opportunity of being heard. Thereafter, on 23-6-1967, the appellants gave a notice to Madan Lal Chopra respondent to show cause why the protection of benefit of pay, already afforded to him in 1964 should not be withdrawn. In reply to this notice, the respondent pointed out that in the absence of statutory rule or authority, the action proposed to be taken for withdrawal of the protection of pay, already granted to him, was in ;fear contravention of the judgment of the High Court and the same was wholly without jurisdiction After considering the reply to the show cause notice, the appellants vide order dated 12-4-1968 reviewed their previous order and withdrew the benefit of the President's order from respondent Madan Lal Chopra. The respondent approached this Court through Civil Writ No 1507 of 1968 against this order Tali. J. while disposing of this writ petition came to the connection that the order passed by the appellants was in the nature of a quasi judicial order and s' there being no power to review the said order the impugned order was without jurisdiction.;