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PETITIONER: SHRI SUNDER LAL & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       03/09/1998

BENCH: SUJATA V. MANOHAR, S. RAJENDRA BABU.

ACT:

HEADNOTE:

JUDGMENT: JUDGEMENT Sujata V. Manohar, J. The  appellants  were  initially  appointed  in  the service of the North Eastern Railway as carpenters. However, on  their  passing trade test for carpenter and wireman they were appointed as wiremen-cum-carpenters  with  effect  from 16.12.1968.  As the category of  carpenter-cum-wireman was a non-standard category, the North-Eastern  railway  authority decided  to  abolish  this  category  in 1978. Options were invited from the original appellants who were six in  number to  opt  either  for  the  carpenter’s category or wireman’s category. In 1979 the appellants exercised their option  for the  category  of  wireman.  Thereafter  they were posted as wiremen.  However,  on  account  of  problems  which   arose relating to the seniority of the appellants qua the existing wiremen,  the  General  Manager  of North-Eastern railway by issuing order dated 24.9.1984, decided to put the appellants in the category of carpenter which was the category in which they were initially appointed. Their names were removed from the seniority list of wiremen. The  appellants had, in the meanwhile, in 1984 filed a suit for a declaration that they were eligible  to  appear for  the  test  for  promotion to the highly skilled wiremen Grade II posts.  Since they were abbsorbed as wiremen.   The suit was  decreed.   The appeal which was transferred to the Central Administrative Tribunal has  been  allowed  and  the suit has  been  dismissed.  The Tribunal has rightly come to the conclusion that  under  paragraph  2011  of  the  Indian Railway  Establishment  Code Volume II a competent authority may transfer a railway servant  from  one  post  to  another provided   that,   except  on  account  of  inefficiency  on misbehavior or on his written  request,  he  shall  not  be transferred  to a post carrying less pay than the pay of the post over which he holds a lien. In the present  case  the  posts  of  carpenter  and wiremen  are  equivalent posts carrying the same pay and the same terms and conditions of service.  The post of carpenter is also a post  to  which  the  appellants  were  originally appointed.   Now,  on  account of administrative reasons the appellants have been posted as carpenter instead of  wiremen

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when  the  category of carpenter-cum-wireman was proposed to be abolished.  We are  also  informed that out  of  the  six appellant two have been died and the other  four  have  been working   as   carpenter   after  the  Tribunal’s  order  of 10.2.1987. Looking to all the circumstances of  the  present case  this  is not a fit case for setting aside the decision of the General Manager  of  24.9.1984  when  the  appellants continued  to get the same pay in the same pay-scale and the terms and conditions of service were  not  affected  in  any manner. The  appeal  is,  therefore,  dismissed. There will, however, be no orders as to costs.