Ram Kumar & Ors vs Union Of India & Ors on 2 December, 1987
16. Upon perusal of the judgment of the Hon'ble Supreme Court in the
case of Ram Kumar and others (supra) coupled with the the decision
taken by the Railway Board as resolved after deliberations in the meeting
of the DC/JCM railways, held on 16th & 17th March,2001 (supra) that the
Store Issuer and Store Chaser are performing the duties of Material Clerk
shall be created in appropriate Grade of Rs.30504590, we are of the
opinion that in view of the fact that the petitioners No.1 and 2 have been
performing the duties of Store Issuer with effect from 26/10/1981 and
Store Chaser with effect from 02/12/1983 respectively, in all fairness the
respondents/Railways ought to have considered their claim as regards
their entitlement in the Grade of Rs.30504590 (RSRP) in accordance with
7 W.P.No.5086/2009(S)
the decision taken by the Railway Board as resolved after deliberations in
the meeting of the DC/JCM railways, held on 16th & 17th March,2001
(Supra). That has not been done. Instead they have been shown to have
been promoted on ad hoc basis in the newly upgraded work charged post
of Material Clerk, Grade Rs.30504590 (RSRP) without even referring to
the order passed by the Railways in existence as ordered by the CAT on
05/10/2006 (Supra). However, this Court cannot lose sight of the fact that
entitlement of the petitioners in the grade of Rs.30504590 (RSRP) as
ordered by the CAT was to be prospective in nature. Therefore, the
benefit accorded to the petitioners in the grade of Rs.30504590 (RSRP)
shall though be effective prospectively, i.e., after the date of order dated
05/10/2006 passed in O.A.No.195 of 2005 but on regular/permanent basis
and not on ad hoc basis as shown in the impugned order dated
09/05/2007 passed by the respondents/Railways (supra).
(Emphasis supplied)