Ramashankar Yadav vs Western Railway on 6 April, 2026
15.2 It is notice that Hon'ble Supreme Court in the case of Rama Nand &
others (supra) the 3-Judge Bench while considering the issue whether
the benefits accruing to the appellants therein as a consequence of the
reorganization scheme of wireless and communication system could
be said to given them the benefit of a promotion and whether they
were still entitled to a financial upgradation on account of ACP
2026.04.07
JITENDRA
14:43:34
RAJ MEHTA
+05'30'
48 OA No.105/2023 and 3 connected OAs
Scheme, had considered and relied upon the judgment passed in cases
of Pushpa Rani (supra) and BSNL Vs. R. Santhakumari (supra) and
by recording the finding that the consequence of reorganization of the
cadre resulted in not only a mere re-description of the post but also
much higher pay scale being granted to the appellants based on an
element of selection criteria. Since there is a requirement of minimum
five years service, thus, all Telephone Operators would not
automatically eligible for the new posts. Further, the financial
emoluments are much higher and the said Telephone Operators can be
said to be eligible for such new post and higher pay scale on
completion of training. All these cannot be stated to be only an
exercise of merely re-description or re-organization of the cadre.