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TMI Blog2008 (2) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... 7269 of 2003. 3. Appellant was recruited as an unskilled worker. He was a casual workman. He was, however, posted in Electrical Division. He was promoted from the post of Khalasi Helper in his parent cadre to that of Technician Grade III. He passed a trade test of Technician Grade III, which enabled him to be promoted to the post of Technician Grade-II. On or about 13.02.1989, he was promoted as Diesel Mechanic Grade II. He was further promoted as Diesel Mechanic Grade I with effect from 26.04.1991. He served in the said post till 7.04.2003 when by reason of the impugned order he was reverted to the post of Technician Grade III in the Electrical Division of the Railway Department. 4. Questioning the validity of the said order, he file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... navoidable consequence which is common when a person is repatriated to the parent cadre from an ex-cadre post. 6. A writ petition was filed thereagainst before the High Court which has also been dismissed by reason of the impugned judgment stating: 7. Learned Counsel for the Petitioner submits that the statement in Ext. P6 were incorrect since the Petitioner had not passed the trade test for promotion to the post of Technician Grade II/ Power and he had passed only trade test prescribed for Diesel Mechanics. However, if Ext. P6 specifically states that the Petitioner has passed such tests, we are not prepared to hold that this is a misstatement of fact. Promotion has been awarded to him, taking notice of his achievements as well. Sinc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of substitute electrical khalasis was undertaken in the year 1980. A list of the eligible candidates who were found suitable for absorption in the regular post for the period ending 31.12.1980 including anticipated vacancies was prepared. Appellants name appeared at Serial No. 56 in the said list. He volunteered for the post of Diesel Mechanic Grade II and he was promoted to that post by an order dated 13.02.1989. He was again promoted as Diesel Mechanic Grade I in the scale of pay of ₹ 4500-7000 (revised). He was asked to pass the trade test in the Electrical Wing. He refused to do so stating: With reference to your above letter No. J/P 535/III/TL of 4.3.93, I am hereby state that I am not willing to attend any of the trade test ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. *** 4. *** 5. Shri L. Parameswaran, Helper Gr. I and Shri C. Rajendran, Helper Gr. I are continuing on ex-cadre posts. They are due for promotion as Tech. Gr. III in their parent cadre. Therefore, they have no locus standi or right to continue in the present post. They stand repatriated on promotion. 12. Indisputably, the appellant was put on a scale of pay of ₹ 4500- 7500. By reason of the impugned order, he was to be posted in a grade, the scale of pay whereof is ₹ 3050-7000. 13. Being in an ex-cadre post, the appellant did not derive any right to continue therein. He could be reverted to his cadre post. He opted for the Mechanical side despite the fact that his parent cadre was Electrical Wing. If the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a person to be regularized in services so as to enable him to draw salary as if he is recruited on a regular cadre came up for consideration before a Constitution Bench of this Court in Secretary, State of Karnataka and Ors. v. Uma Devi (3) and Ors. (2006)IILLJ722SC wherein while laying down the necessity for adherence to the rule of equality in public employment as a basic feature of the Constitution, it was opined that no order should be passed which would amount to violation of Article 14 of the Constitution of India or overlooking of the need to comply with the requirements thereof. This court, however, furthermore opined: 44. The concept of 'equal pay for equal work' is different from the concept of conferring permanency o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not be just or proper to pass an order in exercise of jurisdiction under Article 226 or 32 of the Constitution or in exercise of power under Article 142 of the Constitution permitting those persons engaged, to be absorbed or to be made permanent, based on their appointments or engagements. Complete justice would be justice according to law and though it would be open to this Court to mould the relief, this Court would not grant a relief which would amount to perpetuating an illegality. 17. Keeping in view the aforementioned two principles in mind, we are of the opinion that in a case of this nature, a balance has to be struck. In the peculiar fact of the present case, despite the law operating in the field as noticed supra, appellant m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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