R RADHAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) AS the issue involved in these three Original Applications is the same viz. repatriation these three O.AS. were heard together and are being disposed of by this common order.

(2.) The applicant aggrieved by A1 office order dated 10.4.2000 issued by the second respondent by which the applicant was ordered to be repatriated to his parent Division viz. Palghat Division and A2 reversion order issued by the 5th respondent dated 11.4.2000 filed this Original Application seeking the following reliefs:

(3.) RESPONDENTS filed reply statement resisting the claim of the applicant. They submitted that the applicant was regularly appointed as Gangman in scale Rs. 200-250 under Section engineer, Permanent Way, Bommidi of Palghat Division. He joined Construction Unit on 16.6.70. Meanwhile based on his seniority in the open line he was further promoted regularly as Sr. Gangman-II in the scale Rs. 800-1150/2650-4000 w.e.f 1.8.82 and as a Sr. Gangman Grade-I/Trolley Man in scale Rs. 825-1200/2750-4400 w.e.f. 1.3.93 on par with his immediate senior and junior S/Sri C. Ramalingam and C. Mani. The applicant thus got promoted in his parent cadre based on his seniority in his parent unit. In the Construction Organisation he was temporarily promoted to officiate as Works Mate in scale Rs. 260-400/950-1500 purely on ad hoc measure w.e.f. 1.7.81. He was promoted again as Works Mistry in scale Rs. 380-560/1320-2040 w.e.f. 1.7.82 purely on ad hoc basis. Consequent on the revision of pay scale of Works Mistry the applicant was placed in scale s. 1400-2300 from the scale of Rs. 1320-2040 w.e.f. 1.7.82. In other words while the substantive grade of the applicant was Rs. 2750-4400 in open line, in construction organisation he was working in the scale of Rs. 4500-7000. They submitted that the applicant was thus enjoying promotion in the Construction organisation in a grade to which he was not eligible as per the avenue of promotion pertaining to the applicant and his seniority. According to them the rules had room for ad hoc promotion in Construction Organisation only to one higher grade. The avenue of promotion in the substantive grade of the applicant is as follows: