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1962 Supreme(MP) 37

K.L.PANDEY
RAMESHWAR SINGH – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
J.N.SINHA, R.S.DABIR

K. L. PANDEY, J.

( 1 ) THIS is a plaintiff's appeal against a reversing decree of the lower appeal Court by which his suit for declaration that his removal from service by an order dated 8 August 1957 is void and that, notwithstanding that order, he continues to hold the post of a Traffic Pointsman was dismissed. This judgment will also dispose of Second Appeal No. 347 of 1961, which is directed against a similar reversing decree of the lower appeal Court in a like suit filed in identical circumstances by one Badriprasati.

( 2 ) AT the material time, Rameshwar Singh and Badriprasad were employed as confirmed Traffic Pointsman and served in the station yard at Bilaspur. In the course or their duties, they were utilized at times to perform the work of coupling and uncoupling of wagons. Their grievance was that this work of coupling and uncoupling of wagons was not a part of their duty and that, whenever they were required to do that work, they should have been paid acting allowance. On 16 March 1957, they interviewed the District Operating Superintendent and conveyed to him, inter, alia, this grievance. On the same day, they were suspended at the instance of the District OperatingSup













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