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1966 Supreme(Del) 141

I.D.DUA
Labh Singh Waryam Singh – Appellant
Versus
Union of India through the General Manager, Northern Rly. , New Delhi – Respondent


Advocates:
B.D. Bahl, for Petitioner; Radhey Lal Aggarwal and P.P. Enand, for Respondent.

Judgement

JUDGMENT :- This is a plaintiff's appeal from the judgment and decree of the learned Additional Senior Sub-Judge, with enhanced appellate power, Delhi, affirming the judgment and decree of the Court of first instance dismissing the plaintiff's suit for a declaration that his alleged reversion to the post of a semi-skilled labourer in the grade of Rs. 35-1-60 from the grade of Rs. 55-130 is illegal, ultra vires and void, and that he continues to be a skilled labourer in the grade of Rs. 55-130 as a pump engine driver and also entitled to receive his pay in the grade of Rs. 55-130 from 1st January 1962, to the date of decree as well as in future.

2. It is unnecessary to give various details of the plaintiffs prior history. Suffice it to say that, according to him, he was confirmed to the post of a skilled labourer as a pump engine driver at Shakurbasti in the pay scale of Rs. 55-130 from 1st January, 1947. The defendant-respondent has, on the other hand, pleaded that the plaintiff, on joining the East Punjab Railway, was posted as an assistant pump engine driver at Shakur Basti and has continued as such in the semi-skilled grade. Payment of higher salary to the plaintiff, acc





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