Holding

The repatriation order is valid, but under Article 142 the appellant’s pay must be protected by placing him in the higher pay scale of Rs 4500‑7500 within the Technician Grade III post.

Summary

L. Parameswaran, originally a casual artisan in the Electrical Division of Indian Railways, was promoted to ex‑cadre posts in the Mechanical side (Diesel Mechanic Grade II and later Grade I). The Railway Administration later adopted a policy to repatriate ex‑cadre employees to their parent cadre after four years, and consequently ordered Parameswaran to revert to the Electrical wing as Technician Grade III, a post with a lower pay scale. He challenged the order before the Central Administrative Tribunal and the Kerala High Court, both of which dismissed his claim. The Supreme Court examined whether the repatriation order was legally valid and whether an employee who had served long in an ex‑cadre post is entitled to pay protection. The Court held that the repatriation order was valid and contained no legal infirmity, but, exercising its jurisdiction under Article 142 of the Constitution, directed that Parameswaran’s pay be protected by placing him in the higher pay scale of Rs 4500‑7500 within the Technician Grade III post. The appeal was therefore partly allowed.

Issues considered

Whether the Railway Administration’s order repatriating an employee from an ex‑cadre post to his parent cadre is lawful.
Whether an employee who has served for a long period in an ex‑cadre post is entitled to protection of the higher pay scale.
Whether the Supreme Court can, under Article 142, modify the relief to protect the employee’s pay despite the validity of the repatriation order.

Legislation cited

Constitution of Indias. Article 14, s. Article 142

Subjects

service lawpay protectionrepatriationex‑cadreArticle 142railway administrationpromotionequal payadministrative law

Judgment

[2008] 2 S.C.R. 1015

·--.>·
L. PARMESWARAN A
v.
CHIEF PERSONNEL OFFICER & . O.RS.
(Civil Appeal No. 1325 of 2008)

' FEBRUARY 15, 2008
[S.B. SINHA AND V.S. SIRPURKAR, JJ.]
B
~

Service Law.- Pay protection - On repatriation to parent
department -Employee promoted in the ex-cadre post -
Repatriation on lower post in furtherance of a policy decision c
- Courts below upholding his repatriation - On appeal, held:
There is no legal infirmity in repatriation order - However, in
the facts of the case that the employee had worked in the ex-
cadre department for a long period, his pay is protected, in
exercise of jurisdiction u/Article 142 of the Constitution -
D
--1
ConstituJion of India, 1950 - Artic"fe 142.
Appellant was recruited as a casual artisan in the
. Electrical Division of Railways. A list was. prepared for
absorption of the electrical khalasis in the regular post.
Appellant's name was included in the list. He volunteered E
for the post of Dies,1 Mechanic Grade II and was promoted
to that post. Thereafter again he was promoted as Diesel
Mechanic Grade I. He was asked to pass the trade test in
Electrical wing which he refused. Thereafter Railway
..;. °) administration took a policy decision to repatriate ex- F
cadre employees on completion of a period of four years.
In furtherance of the decision, the respondent was
repatriated to his parent department i.e. electrical wing
stating that his promotion was due as technician Grade
Ill in his parent department. The respondent having been
G
repatriated to a post with lesser pay scale, challenged the
> order, and approached Administrative Tribunal. Tribunal
dismissed his application. The order was further upheld
by High Court. Hence the present appeal.
1015 H

t
~
1016 SUPREME COURT REPORTS [2008] 2 S.C.R.

Partly allowing the appeal, the Court -.I...-
A
HELD: 1.1 Being in an ex-cadre post, the appellant
did not derive any right to contin~ue therein. He could be
reverted to his cadre post. He opted for the Mechanical
side despite the fact that his parent cadre was Electrical
B Wing. If the appellant is allowed to continue in the ex-cadre
post, he will be depriving some employees who are entitled /.-
to be promoted to the said post. Such a deprivation from
the right of promotion to a duly qualified employee, f
therefore, cannot be countenanced. There is no legal
c infirmity in the order repatriating him to his parent cadre.
[Para 13] [1021-F-H]
lnder Pal Yadav v. Union of India 2005 (11) SCC 301;
);--
BhadeiRai v. Union of India and Ors. JT 2005 (11) SC 311- ;

distinguished.
D
1.2 The post held by the appellant was an ex-cadre ~

post. He opted for change in this cadre. He did not have
any right therefor. He in his own cadre might not have
been promoted particularly when he has not passed the
E requisite trade test. [Para 15] [1022-0]
I
1.3 In a case of this nature, a balance has to be struck. ):-
In the peculiar facts of the present case, despite the law
operating in the field, appellant might have been recruited
as a casual employee but the fact that he was brought on . 'i""'
F the rolls of a regular cadre is not in dispute. The fact that (" ....,;
I
he had passed a trade test is also not in dispute. It
furthermore stands admitted that as an ex-cadre
t
employee or otherwise he was promoted twice. He had
.I
been holding the said post for a period of more than 12
G years. A policy decision was taken by the Railway }
Administration only on or about 15.10.2001. Prior thereto, ../
..... I-
there was no requirement to repatriate an employee to ',.
his parent cadre after a period of four years. The policy
decision, furthermore,_ was not given immediate effect.
H Despite the said policy decision, the appellant was .
..,_
~
""·
L. PARMESWARAN v. CHIEF PERSONAL OFFICER 1017
& ORS. [S.B. SINHA, J.]
~.>
permitted to work for another two years. Faced with such A
situation, it is a fit case where this Court should exercise
its jurisdiction under Article 142 of the Constitution of India
to do complete justice to the parties. While upholding the
validity of the impugned order, interest of justice would
be met if the pay of the appellant is protected in the scale B
of pay of Rs. 4500-7500 to be fitted in the post of Technician
Grade Ill for which the scale of pay is Rs. 3050 • 7000.
[Paras 17 and 18] [1023-H; 1024-A-F]
Secretary, State of Karnataka and Ors. v. Uma Devi (3)
and Ors. 2006 (4) SCC 1 - referred to. c
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 1325
of 2008.
From the Judgment and Order dated 19.05.2005 of the
High Court of Kerala at Ernakulam in W.P.(C) No. 37269of2003. D
~

Romy Chacko for the Appellant.
B. Dutta, ASG., Asha G. Nair and B. Krishna Prasad for
the Respondents.
The Judgment of the Court was delivered by E

S.B. SINHA, J. 1. Leave granted.
2. Whether for working for a long time in an ex-cadre post,
;... an employee would be entitled to protection of scale of pay is
~
the question involved in this appeal which arises out of a F
judgment and order dated 19.05.2005 passed by the High Court
of Kerala in W.P. (C) No. 37269 of 2003.
3. Appellant was recruited as an unskilled worker. He was
a casual workman. He was, however, posted in Electrical
G
I' Division. He was promoted from the post of Khalasi Helper in
his parent cadre to that of Technician Grade Ill. He passed a
trade test of Technician Grade Ill, 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.
H
_...,

1018 SUPREME COURT REPORTS [2008] 2 S.C.R.
-....._
-·
A 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 Ill in the Electrical Division of the Railway
Department.
B 4. Questioning the validity of the said order, he filed an
Original Application before the Central Administrative Tribunal, ;..-
Ernakulam inter alia contending that he could not have been
reverted to the post of Technician Grade Ill in the Electrical ~
~
Division on the premise that it was his parent cadre. I
c
5. By reason of a judgment and order dated 11.11.2003,
the Central Administrative Tribunal dismissed the said original
application opining:
I
/
"5. In the face of the fact that the applicant was till his r

D I regular appointment by R-1 order dated 29.10.80 as
Electrical Khalasi was working as a casual artisan, the ~·

case of the applicant that he commenced service in the
Railways on 13.11. 79 in the post of Diesel Engine Fitter .
(Diesel Mechanic) Grade Ill is found to be false and
t--
E baseless. A-1 order by which the applicant was promoted
as Diesel Mechanic· Grade II makes it clear that the
applicant was an artisan staff of the electrical branch and l
the posting was to an ex-cadre post. That the post of
Diesel Mechanic Grade II to which the applicant was
F promoted is also an ex-cadre post is not disputed by the ~

~
'r
applicant. The applicant who belongs basically to the
electrical branch holding a substantive post of Helper
Grade I can have no legitimate grievance in regard to his
promotion as Technician Grade Ill which is in the direct
line of promotion in the hierarchy of service to which he
G .
belongs. That as a result of promotion in the parent ,..-:
department and repatriation from the ex-cadre post, there
would be a fall in emoluments is only natural and
"
: unavoidable consequence which is common when a
person is repatriated to the parent cadre from an ex-cadre
H
L PARMESWARAN v. CHIEF PERSONAL OFFICER 1019
& ORS. [S.B. SINHA, J.]

.,..... post." A
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 B
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 c
~
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. Since we
find that there was no error in comprehending the issue at
the hands of the Tribunal, in spite of the laborious effort
D
made by the Counsel for the Petitioner, it may not be
..,
. • possible for us to come to a different conclusion."
7. Mr. Romy Chacko, learned counsel appearing on behalf
of the appellant, in support of the appeal, would submit that the
appellant having worked in the Me.chanical Division as a Diesel E
Mechanic for about 23 years, the respondents must be held to
have acted arbitrarily in reverting him to the Electrical Division.
In any view of the matter, it was urged, that the appellant would
be entitled to protection of pay and allowance which he had
been enjoying as Mechanical Grade I. F
_\""I
'l -"
Strong reliance in this behalf has been placed on Bhadei
Rai v. Union of India and Ors. [JT 2005 (11) SC 311].
8. Mr. B. Dutta, learned Additional Solicitor General
appearing on behalf of the respondents, on the other hand,
G
would contend that as the parent cadre of the appellant was the
>- Electrical Wing and as others have since become qualified to
be appointed in the Grade I post in the Mechanical Wing of the
Railways, no illegality has been committed in passing the order
of reversion of the appellant to his parent cadre.
H
~'
1020 SUPREME COURT REPORTS (2008] 2 S.C.R.

A 9. Appellant was appointed on 13.11.1979 as a casual ~
I
,,
artisan. He was then working under the control of XEN/Bridges \,
(Netravathi) as Oil Engine Fitter on a scale of pay of Rs. 260-
409/- as a substitute casual artisan under the control of EF(W)/
OJA. A screening of substitute electrical khalasis was
B undertaken in the year 1980. A list of the eligible candidates
who were found suitable for absorption in the regular post for
.._
f
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 ~
c 13.02.1989. He was again promoted as Diesel Mechanic Grade
1'

J..
I in the scale of pay of Rs. 4500-7000 (revised). He was asked
to pass the trade test in the Electrical Wing. He refused to do
so stating:
D "With reference to your above letter No. J/P 5351111/TL of
4.3.93, I am hereby state that I am not willing to attend any )._.,, .,.
of the trade test except my present trade of Diesel
Mechanic."
{
10. The post, therefore, which he had been holding was
E an ex-cadre post. The Railway Administration took a policy
decision to repatriate the ex-cadre employees upon comple~ion
of a period of four years to the following effect: ·•

"During the PNM meeting held with the representatives of
F SRMU on 18.6.2001 and 20.6.2001, it was pointed out
~ ~
that in some cases the incumbents of ex-cadre posts are ~
not repatriated to their parent unit even after completion of
the tenure period of 4 years and in some cases the
incumbents are switched from ex-cadre to another ex-
..___
cadre post without being repatriated to parent cadre.
G )
It has been decided that hence forth the tenure will be ;<(
.
,,__
strictly enforced with outer limit of :4- years."
11. Indisputably, pursuant to or in furtherance of the said
~- ·-
t
~
policydecision, the impugned orderwas passed by the Railway •r
H ~
L. PARMESWARAN v. CHIEF PERSONAL OFFICER 1021
& ORS. [S.B. SINHA, J.]

Administration on 7.04.2003 directing: A
"1. The promotion will take effect from the date of their
assuming higher responsibilities .
•
2. They should advise their willingness or otherwise to
this office within 15 days from the date of receipt of this B
office order failure to do so i.e. if they are not willing to
--"" carry out the promotional transfer, the same will be treated
as refusal of promotion and consequently they will not be
eligible to be considered for promotion before the expiry
of one year and that they will lose their place of seniority c
to all their juniors who are promoted in the meanwhile.
3. ***
4. ***
5. Shri L. Parameswaran, Helper Gr. I and Shri C. D
.,. ....
'
Rajendran, Helper Gr. I are continuing on ex-cadre posts.
They are due for promotion as Tech. Gr. Ill in their parent
cadre. Therefore; they have no locus standi or right to
continue in the present post. They stand repatriated on
promotion ... " E
12. Indisputably, the appellant was put on a scale of pay of
Rs. 4500-7500. By reason of the impugned order, he was to be
posted in a grade, ~he scale of pay whereof is Rs. 3050-7000.

_,.., 13. Being in an. ex-cadre post, the appellant did not derive F
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 appellant is allowed to
continue in the ex-cadre post, he will be depriving some
employees who are entitled to be promoted to the said post.
G
Such a deprivation from the right ofpromotion to a duly qualified
':> employee, in our opinion, therefore, cannot be countenanced.
I We do not, therefore, think that there is any legal infirmity
(
in the said order dated 7 :04.2003.
H
~
1022 SUPREME COURT REPORTS [2008] 2 S.C.R.

A 14. However, in Bhadei Rai (supra), this Court noticed a ~

scheme framed by the Railway Administration pursuant to the
direction of this Court in lnder Pal Yadav v. Union of India
~
[(2005) 11 SCC 301]. This Court in view of the said Scheme
and following the principles laid down therein opined that an
B employee who had been continued to function in a higher post
and drawing a higher salary could not have been reverted and
.,:::;-
in any event would be entitled to the protection of pay and
allowance.
lnder Pal Yadav (supra) was concerned with a
c regularizat.ion scheme. It was in terms of the said scheme,
·~
certain provisions had been made. The direction issued by this
)
Court in lnder Pal Yadav (supra) was, therefore, in terms of the
said scheme. However, the principle laid down therein will have
no application to the fact of the present case.
D
15. The post held by the appellant was an ex-cadre post.
He opted for change in this cadre. He did not have any right )..+
therefor. He in his own cadre might not have been promoted
particularly when he has not passed the requisite trade test.

E 16. Furthermore, the question in regard to right of 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 Others v. Uma Devi (3) and Others [(2006) 4
F sec 1] 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:
G
"44. The concept of Oequal pay for equal worko is different :-<
from the concept of conferring permanency on those who
have been appointed on ad hoc basis, temporary basis, 'I
~
or based on no process of selection as envisage·d by the
H rules. This Court has in various decisions applied the
~·
L. PARMESWARAN v. CHIEF PERSONAL OFFICER 102.3
& ORS. [S.B. SINHA, J.]
"':I"' principle of equal pay for equal work and has laid down A
the parameters for the application of that principle. The
decisions are rested on the concept of equality enshrined
in our Constitution in the light of the directive principles in
that behalf. But the acceptance of that principle cannot
lead to a position where the court could direct that B
appointments made without following the due procedure
;'...
established by law, be deemed permanent or issue
directions 'to treat them as permanent. Doing so, would
be negation of the principfe of equality of opportunity. The
power to make an order as is necessary for doing complete c
justice in any cause or matter pending before this Court,
would not normally be used for giving the go-by to the
procedure established by law in the matter of public
employment. Take the situation arising in the cases before
us from the State of Karnataka. Therein, after Dharwad
D
~
... decision the Government had issued repeated directions
and mandatory orders that no temporary or ad hoc
employment or engagement be given. Some of the
authorities and departments had ignored those directions
or defied those directions and had continued to give
employment, specifically interdicted by the orders issued E
by the executive. Some of the appointing officers have
even been punished for their defiance. It would not be just
or proper to pas~ 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 F
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 G
> perpetuating an illegality."
17. Keeping in view the aforementioned two principles in
mind, we are of the opinion that in a case of this naturer a
balance has to be struck. In the peculiar fact of the present case,
H
1024 SUPREME COURT REPORTS [2008] 2 S.C.R.

A despite the law operating in the field as noticed supra, appellant ~

might have been recruited as a casual employee but the fact
·that he was brought on the rolls of a regular cadre is not in
dispute. The fact that he had passed a trade test is also not in
dispute. It furthermore stands admitted that as an ex-cadre
B employee or otherwise he was promoted twice. He had been
holding the said post for a period of more than 12 years. A policy
~
decision was taken by the Railway Administration only on or
about 15.10.2001. Prior thereto, there was no requirement to
. repatriate an employee to his parent cadre after a period of
c four years. The policy decision, furthermore, was not given
immediate effect. Despite the said policy decision, the appellant
was permitted to work for another two years.
1_f 18. Faced with the situation, the learned Additional Solicitor
General submitted that the question in regard to protection of
D pay of the appellant would be considered by an appropriate
authority if a representation is. filed in that behalf. Keeping in .... -.\_·

view the lapse of time, we are of the opinion that in this case we
should ourselves make an endeavour to strike a balance. In our
opinion, it is a fit case where this Court should exercise its
E jurisdiction under Article 142 of the Constitution of India to do
complete justice to the parties. We think that, while upholding
the validity of the order dated 7.04.2003, interest of justice would
be met if the pay of the appellant is protected in the scale of pay
of Rs. 4500-75QO to be fitted in the post of Technician Grade Ill
F for which the sea~ of pay is Rs. 3050 - 7000. By doing so, we •,).- ...
would not be violating any law or perpetrating any illegality.
19. This appeal is allowed to the aforementioned extent.
However, in the facts and circumstances of this case, there shall
be no order as to costs.
G
K.K.T. Appeal partly allowed ..
><
.
>