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2009 DIGILAW 698 (ALL)

RAM CHHABI v. MINISTRY OF TRANSPORT, DEPARTMENT OF RAILWAY, RAILWAY BOARD, NEW DELHI

2009-03-02

S.U.KHAN

body2009
JUDGMENT S.U. KHAN, J.--Heard learned Counsel for the parties. 2. Through this writ petition orders dated 24.9.1986 (Annexure-3 to the writ petition) and 25/26.7.1989 (Annexure-6 to the writ petition) have been challenged. 3. Petitioners were appointed in the year 1960 and 1963 as Cooks and Kahar in the Railway Protection Force. In the year 1964 through amendment of Rule 4 of Railway Protection Rules, 1959 cooks and kahars were redesignated as Nayak Cooks and Nayak Kahars and were paid salary accordingly. Railway Service (Revised Pay) Rules, 1976 were amended on 24.9.1986 in pursuance of recommendations of Pay Commission. However, petitioners and similarly situate employees were not granted benefit of the pay revision. Consequent letter was issued on 25/26.7.1989 which is Annexure-6 to the writ petition. 4. These two very orders which have been challenged through this writ petition were challenged by several other similarly situate employees in different writ petitions one of such writ petition being writ petition No. 23111 of 1989 was allowed by Hon'ble Sishir Kumar, J. on 27.5.2005. 5. Shri Govind Saran, learned Counsel for the Railways and its authorities-respondents has argued that in the said judgment several aspects of the matter have not been considered. I do not see any reason to take a different view than the one taken in the judgment dated 27.5.2005 in writ petition No. 23111 of 1989-Prabhu Nath Mishra v. Ministry of Transport Department of Railways, Railway Board, New Delhi and others. 6. Accordingly, this writ petition is allowed exactly on the same terms on which writ petition No. 23111 of 1989 has been allowed. Petition Allowed.