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1994 Supreme(SC) 732

A.S.ANAND, FAIZAN UDDIN
Bhagwan Shukla S/o Sarabjit Shukla – Appellant
Versus
Union Of India – Respondent


Advocates:
Ahmed Bux, ARVIND SHARMA, C.V.SUBBA RAO, HEMANT SHARMA, MANISH MISHRA, N.S.BISHT

JUDGMENT

Leave granted.

2. The controversy in this appeal lies in a very narrow compass. The appellant who had joined the Railways as a Trains Clerk w.e.f. 18-12-1955 was promoted as Guard, Grade-C w.e.f. 18-12-1970 by an order dated 27-10-1970. The basic pay of the appellant was fixed at Rs. 190/- p.m. w.e.f. 18-12-1970 in a running pay-scale. By an order dated 25th July, 1991, the pay-scale of the appellant, was sought to be refixed and during the refixation his basic pay was reduced to Rs. 181/- p.m. from Rs. 190/- p.m. w.e.f. 18-12-1970. The appellant questioned the order reducing his basic pay with retrospective effect from 18-12-1970 before the Central Administrative Tribunal, Patna Bench. The justification furnished by the respondents for reducing the basic pay was that the same had been wrongly fixed initially and that the position had continued due to "administrative lapses" for about twenty years, when it was decided to rectify the mistake. The petition filed by the appellant was dismissed by the Tribunal on 17-9-1993.

3. We have heard learned counsel for the parties. That the petitioners basic pay had been fixed since 1970 at Rs. 190/- p.m. is not disputed. There is also n



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