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2024 Supreme(Online)(KER) 9317

HIGH COURT OF KERALA
AMIT RAWAL, Easwaran S., JJ
UNION OF INDIA – Appellant
Versus
K.SHAJI GEORGE – Respondent


Advocates:
SRI.B.RAJESH, SC, RAILWAYS, SHRIHARI RAO K, C.DINESH, SRI.MARTIN G.THOTTAN

JUDGEMENT

Dated this the 03rd day of July, 2024 EASWARAN S., ( J) The common issue is raised in these two original petitions, the same are being considered together and disposed of. The facts in OP(CAT) No.197/2015 will be dealt with. The applicant was appointed as a commercial clerk. He applied for an inter railway transfer to Trivandrum Division as early as in 2000. During March 2007, the request was approved and he joined Trivandrum Division on 28.03.2000.

On 01.10.2005, the applicant was promoted as Senior Commercial Clerk. Upon joining the Trivandrum Division, the applicant was posted as a commercial clerk in the lower scale.

When the applicants’ pay was revised in terms of 6th pay commission structure, his grade pay was reduced and accordingly, was denied the first financial upgradation which led to the representation being filed before the authority. The representation was rejected which caused the applicant to approach the Central Administrative Tribunal.

2. The petitioners/respondents before the Tribunal resisted the claim stating that after getting promotion as Senior Commercial Clerk respondent-applicant sought unilateral transfer and hence, would be entitled to claim second


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