Judgment

S. Saghir Ahmad, J.-Leave granted.

The appellant was appointed as Khalasi under the Loco Foreman, Ambala Cantt and was posted as Coal/Fuel Khalasi at Nangal Dam where he worked upto 15th of Septem­ber, 1972. On 16th of September, 1972, he was spared and transferred to Carriage and Wagon Department of North­ern Railway and was posted as Khalasi at Khanalampura Goods Yard, Saharanpur, where he joined on 20.9.1972. He was again transferred to Ambala Cantt on 11.6.1978 where he pass­ed the trade test for the post of Semi-skilled Fitter and was promoted to that post. He was further promoted, after passing the requisite trade test, as Skilled Fitter on 9.5.1979.

2. By an order dated 18.4.1980, the appellant was reverted to the post of Khalasi in Carriage and Wagon Department. It was this order which was challenged by the appellant in Regular Suit No. 294 of 1980 which was decreed by the VIIIth Additional Munsif, Saharanpur, on 13.11.1981. This judgment was challenged in appeal, filed by the Railway Administration, in the court of the District Judge, Saharanpur which was later transferred to the court of IVth Additional Civil Judge, Saharanpur. While the appeal was pending in