THAKAR DASS KAKKAR Vs. G M NORTHERN RAILWAY
LAWS(DLH)-1984-7-27
HIGH COURT OF DELHI
Decided on July 09,1984

THAKAR DASS KAKKAR Appellant
VERSUS
G.M.NORTHERN RAILWAY Respondents

JUDGEMENT

S.S. Chadha, J. - (1.)This petitioner under Article 226 of the Constitution of India seeks a writ of certiorari or any other appropriate writ, order or direction to quash the order dated December 31, 1982 passed by the Northern Railway Headquarters fixing the basic pay of the petitioner at Rs. 600.00 in the grade of Rs. 425-700 (RS) with effect from September 27, 1982 on his reversion from Robertsganj Garwah Road Construction Project, Northern Railway.
(2.)The facts lie in a very narrow compass and are these. The petitioner was originally appointed as a Lower Division Clerk with effect from December 1, 1953 in the then existing pay scale in the office of Senior Civil Engineer/Const. TKJ/DLI of the Northern Railway. The petitioner was thereafter promoted as Senior Clerk with effect from March 10, 1958. The respondents released a notification published in the Extra-ordinary Northern Railway Gazette of October 4, 1958 asking for names of persons who could volunteer to work on the Robertsganj Garwah Road Construction Project, Northern Railway. The petitioner opted to work on the said project. Conse- quently, th e petitioner was ordered to be transferred to the said project and was posted as Senior Clerk. The petitioner was promoted to officiate as Head Clerk with effect from September 19, 1959. The pay scales of Head Clerk were revised from time to time and finally revised to Rs. 425-700 in the year 1973. The petitioner continued to work on the said project till September 26, 1982. The petitioner was relieved by the said project and was directed to report to GM (P) Northern Railway for rther posting. The petitioner waited for the period from September 27, 1982 to October 6, 1982 and was posted as Head Clerk (Stores) in the Store Branch Headquarters Office, Northern Railway. By the impugned office order dated December 31, 1982, the pay of the petitioner was fixed at Rs. 600.00 in the grade of Rs. 425- 700 (RS) with effect from September 27, 1982.
(3.)Mr. B. S. Charya, the learned counsel for the petitioner has raised two points. Firstly, whether the posts in the said construction project are also cadre posts and secondly, whether the benefit of fixation of .pay in a cadre post can be given with the weightage of pay last drawn in ex-cadre post in case it is held that the posts in the said project are ex-cadre posts.


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