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1984 Supreme(MP) 761
J. S. Varma, J.
J. P. Singh v. Union of India
S. A. No. 87 of 1979 (J); Decided on 23-11-1984
Headnote:Civil Servant-fixation claimed-no basis disclosed-dismissal of claim is justified-however department should see his entitlement apart from technicalities.
This is plaintiffs second appeal. The plaintiff is employed in the South Eastern Railway as a Teacher. The suit was filed In March, 1976 for a declaration that the plaintiff is entitled to fixation of his basic pay at Rs.215/- per month with effect from 27-7-1970 or latest from April, 1974 as also for arrears of salary calculated on that basis. There is no clear basis disclosed by the plaintiff in support of his claim except saying that an anomalous position exists, which i. evident from the fact that persons junior to the plaintiff have been given a higher basic pay during the relevant time.
The Courts below dismissed the plaintiffs claim on the ground that the plaintiff had been unable to show the basis on which he has claimed fixation of his basic pay at Rs.215/- per month from 27-7-1970 or latest from April, 1974. Some documents filed by the defendant-Railway Administration were relied on by the plaintiff but they at best, indicate some anomaly in case of certain teachers. But these documents do not on the face of it prove the plaintiff" s assertion. For this reason, no relief could be granted to the plaintiff.
Held: The above conclusion reached by the Courts below could not be assailed by learned counsel for the appellant, as re was unable to show from the record as to how the relief claimed by the plaintiff could be granted. No interference can, therefore, be made in this appeal. However, I may observe that it would be in the fitness of things that the plaintiffs claim for higher pay is re-examined by the Railway Administration and in case any mistake in fixation of his pay is found, then justice should be done to the plaintiff by granting him the relief without relying unduly on technicalities. Appeal dismissed.
