M.C.JAIN, J. - (1.) THESE writ petitions involve common questions, so they are being disposed of by this common order. The petitioners' case in brief is that the following are the three posts having different grades and authorised scales: (i) Travelling Ticket Examiner (T.T.E) Scale of pay: Rs. 130 -5 -175 -EB -6 -205 -7 -212. (ii) Passenger Guide (P.G.) Scale of pay: Rs. 110 -1 -150 -4 -170 -5 -180 EB -5 -200. (iii) Leave Reserve Ticket Collector (L.R.T C.) Scale of pay: Rs. 110 -3 -131 -4 -155 -EB -4 -175 -5 -180.
(2.) ACCORDING to the petitioners, they were working as L.R.T.C for T.T.E. in the grade of Rs. 110 -180(A8). Thereafter, they were promoted as officiating PGs. in the grade of Rs. 110 -200(AS). Ultimatley they were promoted to officiate as T.T.E. in the grade of Rs. 130 -212 (AS). The orders of promotion in SB. Civil Writ Petition No. 661/ 1975, Ram Chander Sharma v. Union of India for the post of item no. 2 is Ex. 1 dated 16.1.68 and his name appears at item No. 9. On promotion, his pay was fixed on Rs. 142/ -per month. His second order of promotion as T.T.E. is Ex. 2 dated 20th August 1968. He was promoted to officiate as T.T.E. on pay of Rs 150/ -. One Rameshwar Joshi whose name appears at item no. 6 in the order Ex. 1 was straight -way promoted as T.T.E. from the post of L.R.T.C. for T.T.E. from the grade of Rs. 110 -180 on pay Rs. 135/ -per month to the grade of Rs. 130 -212 on a pay Rs. 140/ - per month. The said Shri Joshi filed a writ petition in this Court as S.B. Civil Writ Petition No. 2102/1970 Rameshwar Joshi v. Union of India seeking a direction for fixing of his pay at Rs. 150/ - per month on the day of his promotion i.e. 16.1.68 and to fix his subsequent pay according to rules on the basis of the initial pay of Rs. 150/ - per month. His case was that in this Division T. Cs. have been grouped with P. Gs. for promotion to the post of T.T. Es. Accordingly, a T.C. is first promotion as P.G. from which post he is further promoted as T.T.E. This arrangement gives the advantage of pay under rule 2018(B). Thus, the T. Cs. get two promotions and their pay would accordingly be fixed at two occasions but in his case, a departure was made and he was directly promoted at T.T.E. from the post of T.C. without being promoted as P.G. as he was the senior most T.C. His contention was that he should have been first fixed on the post of P.G. with reference to rule 2018 -B and then on the post of T.T.E. This Court taking into consideration the Railway Board's Circular dated 26.3.57 allowed the writ petition in part and directed the Railway Administration to examine the case of Shri Rameshwar Joshi within a period of six months and the Railway Administration if eventually upheld the fixation of the persons junior to the petitioner namely Shri Ramchander, then the Railway Administration should give the same benefit to him from the date from which it was allowed to his juniors i.e. from 16.1.68. It was further directed that however if the Railway Administration is pursuaded to hold that the fixation of the pay of Ramchander and others junior to the petitioner was erreneous then they accordingly rectify the mistake, then the petitioner's case will rest.
(3.) THE petitioners' case further is that when they came to, know of the aforesaid decision of this Court, they made a representation to the D.P.O. on -7.10 -74 Ex. 5A and thereafter, one mote joint representation was made to the General Manager on 23.10.74 marked as Ex. 6.;