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1976 Supreme(SC) 253

P.K.GOSWAMI, P.N.SHINGHAL, Y.V.CHANDRACHUD
Kewal Krishan Bagga – Appellant
Versus
Chairman, Railway Board – Respondent


Advocates:
A.K.JAIN, G.L.SANGHI, GIRISH CHANDRA, R.N.SACH, S.K.DHINGRA, S.K.MEHTA

JUDGMENT

CHANDRACHUD, J. :— The appellant, Kewal Krishan Bagga, joined the Central Workshop at Amritsar as a godown keeper in the year 1953 against a permanent post in the scale of Rs. 50-125. The said Workshop was run by the Irrigation Department of the State of Punjab. There were 38 godown keepers in the Amritsar Workshop and they all had a separate seniority list, distinct from that of clerks whose scale of pay was Rupees 60-175.

2. The Amritsar Workshop was taken over by the Government of India with effect from June 1, 1956, whereupon, the services of the existing employees of the Workshop were transferred to the Northern Railway on terms and conditions agreed to by the Railway Board. The seniormost 8 out of the 38 godown keepers who were working under the Government of Punjab were given letters of appointment by the Northern Railway as Wardkeepers in the grade of Rs. 80-160. The remaining 30 godown keepers, amongst whom was the appellant were offered appointments as clerks in the grade of Rs. 55-130 effective from June 1, 1956. Thus, as a result of the transfer of employment from one employer to another, the appellant came to be placed in the scale of Rs. 55-130 instead of Rs.











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