L.N. KESHARI AND OTHERS Vs. DIVISIONAL SUPERINTENDENT, EASTERN RAILWAY AND OTHERS

JUDGEMENT

(1.) Civil Writ Jurisdiction case Nos. 556 of 1966 and 304 of 1967 are dealt with together as they deal with the same matter.

(2.) In the two writ petitions, taken together there are twenty-three petitioners who are now working in the Eastern Railway and they are now designated as Coal and Tool checkers. They have filed these two writ petitions for quashing an order dated the 16th Aug. 1966, (Annexure D in C.W.J.C. 556 of 1966 and Annexure E in C. W.J.C. 304 of 1957) of the Divisional Superintendent, Dinapore Division of (he Eastern Railway, fixing their pay at Rs. 135 per month in the scale of Rs. 105-135 Their main point is that they were used in the scale of Rs. 110-180 and that suddenly, for no reason whatsoever, their scale was reduced to the lower one of Rs. 105-135. They have also filed some papers, namely Annexure-F 6 in C. W. J. C. 556 of 1966 and Annexure A in C.W.J.C 304 of 1967 which show that the Railway authorities themselves informed them that they were confirmed as Coal Checkers in the grade of Rs. 110-180.

(3.) From the counter affidavit filed by Mr. Chakravarty on behalf of the Eastern Railway it appears that the Railway authorities were under the impression that due to some mistake these petitioners were put in the grade of Rs 110-180 and that this mistake was rectified and they were brought down to the scale of Rs. 105-135 to which they entitled.