Document Fragment View

Matching Fragments

In E.S.P.Rajaram and Others vs. Union of India & Others, AIR-2001 SC page 581, the controversy related to the scale of pay admissible for Traffic apprentices in the Railway appointed prior to the cut off date. It was observed that the controversy in its very nature is one which applies to all such employees of the Railways; it is not a controversy which is confined to some individual employees or a section of the employees. If the judgment of the Tribunal which had taken a view contrary to the ratio laid down by Supreme Court judgment 1996 (4) SCC 416 was allowed to stand, then the resultant position would have been that some Traffic Apprentices who were parties in those cases would have gained an unfair and undeserved advantage over the employees who are holding the same post. Such enviable position would not only have been, per se discriminatory but could have resulted in a situation which is undesirable for a cadre of large number of employees in a big establishment like that of the Indian Railways. To avoid such a situation the direction impugned was passed. It was absolutely necessary for the same of maintaining quality and fair-play with the other similarly placed employees.