1987 INSC 0369
                                              A. K. Sinha and Others

                                                           Vs

                                             Union of India and Others

                                        Civil Appeal No. 1536-41 of 1987

                                        (Ranganath Misra, M. M. Dutt JJ)

                                                      30.07.1987

                                                        ORDER

1. Special leave granted.

2. Heard counsel for the appellants in each of these cases as also the counsel for the Union of India
representing respondents.

3. The dispute in this bunch of appeals has been adjudicated by the Calcutta Bench of the Central
Administrative Tribunal and that decision is challenged. The South Eastern Railway authorities have
started implementing a scheme of rationalisation of a category of its services covering Station
Masters and Assistant Station Masters and the manner in which it is being done has been challenged
as arbitrary, illegal and prejudicial.

4. Two out of the many contentions advanced need not be noticed viz., (1) the Chief Personnel
Officer while implementing the scheme has deviated from the terms thereof and has implemented it
to the prejudice of the appellants, (2) the scheme is being implemented in such a manner that the
present status and emoluments admissible to the appellants are going to be affected to their
prejudice. The learned counsel for the respondents does not accept these to be correct and is
prepared to have these aspects examined by the railway administration. There shall, therefore, be a
direction to the Railway Board to examine within a period of two months from today as to whether
the allegation of the appellants on the first score is correct and if the Chief Personnel Officer is
found to have implemented the scheme in a way different from what was intended by the scheme,
the Board shall rectify the situation to bring it in accord with the scheme. Coming to the other
aspect, it is conceded that the scheme does not affect the present emoluments or status of the
appellants. We, therefore, make it clear that in implementing the scheme the appellants shall not be
affected in respect of their status as well as the scale of pay which they have been receiving at
present. In course of complying with the present direction if the Railway Board finds that some
incumbents who should not have been entitled to certain advantages but have wrongly got them in
course of implementation of the scheme they may not be disturbed as we have not given them an
opportunity of hearing. Yet, if all or any of the appellants are entitled to such benefits, the same way
not be withheld for lack of posts. It would be for the railway administration to meet such a situation.
Until the Board examines the matter as directed status quo as existing today shall continue.

5. No order as to costs.

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