2008 (2) TMI 928 - SC - Indian Laws

Employee's Demotion Upheld, Pay Protected by Supreme Court under Article 142

The appellant, initially employed as an unskilled worker, was reverted to a lower position in the Electrical Division after promotions to ex-cadre posts. ... - Issues Involved:Whether an employee working in an ex-cadre post is entitled to protection of scale of pay.Summary:The appellant, initially recruited as an unskilled worker, was promoted through various grades to the position of Diesel Mechanic Grade I. Subsequently, he was reverted to the post of Technician Grade III in the Electrical Division, his parent cadre, by an order of the Railway Administration. The appellant challenged this reversion, claiming entitlement to the pay and allowance of his previous position. The Central Administrative Tribunal and the High Court dismissed his claims, upholding the reversion decision based on his cadre and policy decisions regarding ex-cadre employees.Central Administrative Tribunal's Decision:The Tribunal dismissed the appellant's application, emphasizing his initial recruitment as a casual artisan and subsequent promotions to ex-cadre posts. It held that the reversion to his parent cadre was justified, considering the hierarchy of service and the policy of repatriating ex-cadre employees after a specified period.High Court's Decision:The High Court upheld the Tribunal's decision, rejecting the appellant's contention regarding passing specific trade tests. It affirmed the legality of the reversion order, noting the appellant's tenure in the ex-cadre post and the need to adhere to the established promotion hierarchy.Appellant's Argument:The appellant, supported by legal precedent, argued that after working as a Diesel Mechanic for over 23 years, the reversion to the Electrical Division was arbitrary. He claimed entitlement to the pay and allowance of his previous position, citing his long-standing service in the Mechanical Division.Respondent's Counter-Argument:The respondents contended that the reversion was lawful as per the appellant's parent cadre being the Electrical Wing. They asserted that the reversion decision was in line with the qualifications required for the Grade I post in the Mechanical Wing.Supreme Court's Decision:The Supreme Court, while upholding the reversion order, acknowledged the appellant's service history and promotions. Considering the balance between legal principles and the appellant's circumstances, the Court invoked Article 142 of the Constitution to protect the appellant's pay at the previous scale, despite the reversion to a lower pay grade. This decision aimed to ensure justice without violating any laws or perpetrating illegality.Significant Legal References:- Bhadei Rai v. Union of India- Inder Pal Yadav v. Union of India- Secretary, State of Karnataka v. Uma DeviThis summary encapsulates the legal journey of the appellant's dispute over reversion and entitlement to pay protection, culminating in the Supreme Court's decision to balance justice and legality through the invocation of Article 142.