Legal Question in Administrative Law in India
I was appointed as Upper Division clerk in in scale Rs. 330-560 against 20% graduate quota through RRB in railway service in 1982 and was posted out of station. When i requested for transfer to my home town in same scale and grade i was transferred as lower Division Clerk only in scale Rs.260-400 as there was SLP filed by the labour unions against direct recruitment of UDC. The case was decided in favour of the UDC's and when i represented that my position as UDC should be restored the same was considered in 1985 and I was promoted as UDC and the administration has treated this as a promotion and not as restoration. Hence this has affected me as i am not entitled for the 3 Modified career progression. I request you to help me by giving reference to relevant rules and judgements by the Hon'ble Supreme court of High Courts or CAT's to enable me present that the my position as UDC in 1985 is only restoration.
1 Answer from Attorneys
You should make a simple representation giving all facts. since no promotion or adverse situation is involved, you need not to depend upon any rule or judgement. However, you may make cite the pending SLP you mentioned
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