P PARDHASARATHY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application is filed by the applicant seeking for declaration that denial of protection of pay scale of Rs. 4500-7000 and the protection of basic pay of Rs. 4875/- as on 23.1.1998 to him is illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and the impugned action of the respondents is violative of Section 47 of the "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" and that the said action is also violative of instructions in Serial Circular No. 68/ 97, Circular letter No. P(R) 347/PDA dated 15.4.97, Copy of Board's letter No. E(LL) 96/AT/PDA/1 dated 21.2.1997 of the Railway Board and to quash the impugned letter dated 28.11.2000 issued by the 4th respondent as illegal, arbitrary and unconstitutional and to declare that he is entitled for absorption in the alternative job on medical decategorisation in the scale of Rs. 4500-7000 with pay protection in his basic pay of Rs. 4875/- with effect from 23.1.1998 and seniority with all consequential benefits.

(2.) The facts which are relevant for the disposal of this application are briefly as follows:

(3.) WE have heard the arguments advanced by the learned Counsel for the applicant and the learned standing Counsel for the respondents.