judgment

S.B. Sinha, J. —

1. Leave granted.

2.Whether for working for a long time in an ex-cadre post, an employee would be entitled to protection of scale of pay is the question involved in this appeal which arises out of a judgment and order dated 19.05.2005 passed by the High Court of Kerala in W.P. (C) No. 37269 of 2003.

3. Appellant was recruited as an unskilled worker. He was a casual workman. He was, however, posted in Electrical Division. He was promoted from the post of Khalasi Helper in his parent cadre to that of Technician Grade III. He passed a trade test of Technician Grade III, which enabled him to be promoted to the post of Technician Grade-II. On or about 13.02.1989, he was promoted as Diesel Mechanic Grade II. He was further promoted as Diesel Mechanic Grade I with effect from 26.04.1991. He served in the said post till 7.04.2003 when by reason of the impugned order he was reverted to the post of Technician Grade III in the Electrical Division of the Railway Department.

4. Questioning the validity of the said order, he filed an Original Application before the Central Administrative Tribunal, Ernakulam inter alia contending that he could not have been reverted to the po