S.B.SINHA, P.K.BALASUBRAMANYAN
Chairman Railway Board – Appellant
Versus
T. Vittal Rao – Respondent
Judgment
S.B. Sinha, J.—Leave granted.
2. This appeal is directed against the judgment and order dated 15.3.2005 passed by the High Court of Andhra Pradesh in Writ Petition No. 1625 of 2004 whereby and whereunder the writ petition filed by the appellant herein questioning the correctness of the judgment and order dated 3.10.2003 passed by the Central Administrative Tribunal in O.A.No. 13/2003 was dismissed.
3. The basic fact of the matter is not in dispute. The respondents herein at all material times were and still are working as Train Superintendents. Admittedly prior to 2.8.1984 they were placed in the non-supervisory category. The Railway Board issued a circular on 2.8.1984 in terms whereof they were placed in the supervisory category.
4. Indisputably, prior to 2.8.1984 those who were to work beyond rostered hours were entitled to draw overtime allowance. As by reason of the aforementioned circular dated 2.8.84 the respondents were placed in the supervisory category, they became disentitled to draw overtime allowance. The said circular letter however, was withdrawn by the Railway Board on or about 11.4.2001, inter alia, stating :
“Pending question of classification of Train Superint
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