Union Of India And Ors vs O.P. Saxena, ... on 5 August, 1997
In so far as the reliance placed by the respondents in the case of O.P.
Saxena (supra) vide para (b) above, the finer distinction in that case is that at the
time when Shri Kareer was promoted to the stationary post of Loco Supervisor, he
was drawing more pay than the respondent Shri Saxena. The Apex Court has
observed in this regard as under:-