P.N.SHINGHAL, J. - (1.) THE facts giving rise to this petition under Article 226 of the Constitution are spread over the period from May 11, 1956 to August 14, 1970, but it will be enough to refer to the important developments.
(2.) THE Railway authorities took a decision to employ Temporary Assistant Officers. The posts were of gazetted status, but were not classified as Class I or Class II posts. They were in the junior scale of pay admissible to gazetted officers i.e. Rs. 350 to 850. The question of fixing the pay of those Temporary Assistant Offices who were to hold charge of senior scale posts, arose for consideration as far back as May 11, 1956, and it was decided by order Annexure E -l dated May 11, 1956, that such officers getting Rs. 470/ - or above shall, when promoted to officiate in the senior scale, have their pay fixed in that scale at a rate equal to their pay as Temporary Assistant Officers plus Rs. 100/ - if that was a stage in the senior scale, and at the next stage above if there was no such stage. That order was issued by the Railway Board with the sanction of the President. The petitioner was selected for appointment as Temporary Assistant Officer. He was appointed to the post by order dated June 18, 1957 (document No. 1) and took over charge on July 19, 1957, in the junior scale of Rs. 350 850. His initial pay was fixed at Rs. 410/ -.
(3.) THE Railway Board soon felt the necessity of regulating the pay of Ex -defence services officers like the petitioner, on appointment to senior scale, posts, and issued order Annexure E dated November 26, 1957 in that connection. It was decided by that order that when ex -defence services officers were appointed to officiate in the senior scale, their pay as Temporary Assistant Officers plus Rs. 100/ -, if that was a stage in the senior scale, otherwise at the next stage above. That order also had the sanction of the President and had the effect of making the benefits of the aforesaid order Annexure E -l dated May II, 1956 available to the ex -defence services officers appointed to officiate as Temporary Assistant Officers in the senior scale.;