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2005 Supreme(SC) 803

ASHOK BHAN, D.M.DHARMADHIKARI
Bhadei Rai – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Dharmadhikari, J.

Leave, prayed for, is granted.

2. Learned counsel for the appellant and learned Standing Counsel for the Union of India representing the Railways are heard at length.

3. The appellant started his service in the Railways on daily-rated as Khalasi in the year 1979. He was given a temporary status on that post with effect from 1.1.1982. According to the Railways, he was granted promotion on 31.3.1985 purely on ad hoc basis to the post of Riggor in the pay scale of Rs. 121-1500. For a long period between 1985 and 1999 the appellant continued to work on the promoted post of Riggor carrying higher scale of pay. The post of Riggor is Group `C post but the appellant was regularized and absorbed in lower Group `D post by order passed on 5.10.1999. Although, he had completed more than twenty years of service on higher Group `C post of Riggor, he was repatriated to his parent division in Group `D post carrying lower scale of pay.

4. Aggrieved by his repatriation to a lower post he filed a petition in the Central Administrative Tribunal and claimed relief of his regularization in Group `C post in which he had been made to continuously work for a period of twenty years.

5.









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