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2007 Supreme(SC) 1121

H.K.SEMA, P.K.BALASUBRAMANYAN
Union of India – Appellant
Versus
Arunj Jyoti Kundu – Respondent


JUDGMENT

P.K. Balasubramanyan, J.—

Intervention allowed. Heard learned counsel on all sides.

1.These appeals by the Union of India challenge the decision of the High Court of Calcutta dismissing the writ petitions filed by it challenging the decision of the Central Administrative Tribunal, Calcutta Bench, in applications filed by employees of Railways in typist cadre. The claim of the employees was for the issue of a direction to the appellant to sanction the same scales of pay to them as are applicable to senior clerks, head clerks and Office Superintendents Grade II with effect from 1.1.1996 and for directing payment of the arrears on that basis. The Central Administrative Tribunal had upheld that claim. That was challenged in the High Court, but the High Court repulsed the challenge.

2.Claim before the Tribunal was made on the basis that the scales of pay of the respondents herein, working as typists in the Eastern Railways is at par with that of Lower Division Clerks. The Fifth Pay Commission had recommended that typists should be treated at par with clerks and hence the typists have a legitimate right to claim pay at scales enjoyed by Senior Clerks, Head Clerks and Overseers Grade
















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