Bhadei Rai vs Union Of India (Uoi) And Ors. on 6 May, 2005
18. Shri Choube learned counsel appearing for the
petitioner as well as Dr.Sundaram, learned counsel appearing for
the respondents, both rely on the judgment of Apex Court in the
case of Bhadei Rai ..vs.. Union of India and ors. reported in AIR
2005 SC 2404. It is the submission of both the learned counsel
that judgment supports their case. However, we do not find it
necessary to go into that dispute, as to whether it supports the
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case of the petitioner or the respondent inasmuch as rule which
we have reproduced hereinabove and considered in the present
matter, did not fall for consideration before Their Lordships of the
Apex Court. In any case, the said judgment, to some extent,
would support the case of the petitioner. In the said case, though
Their Lordships have held that the petitioner, who had lost before
the learned Tribunal as well as the High Court, was not entitled to
promotional post and he was not regularized to the promotional
post, observed that taking into consideration the long years of
services rendered by the petitioner on higher post, he was entitled
to protection of pay scale which was applicable to him at the time
of reversion and further directed that his case be considered for
promotion to group 'C' post from group 'D' post along with others.