Supreme Court Judgment relating to the claim of traffic apprentice appointed prior to May15, 1987.

                        SUPREME COURT JUDGMENT.
ESP.Rajaram and ors…..Appellants
Vs.
Union of India and ors…Respondents
Date of judgment- 01/01/2001
Name of the Judges-
G.B.Pattanaik, S.Rajendra Babu, D.P.Mphapatro, Doraswamy Raju, S.V.Patil.
The appellants were appointed as Traffic Apprentice in southern Railways prior to May 15, 1987.
The main conflict of the case was related to the claim of traffic apprentice appointed prior to May 15, 1987 that they should be given scale pay of rs.1600-rs.2660.the benefit of which was available to the traffic apprentice recruited after May 15, 1987.
The appellants had filed the case in order to challenge the judgment of madras bench of Central Administrative Tribunal as of October 4; 1996.Therefore appellants approached the Supreme Court for the review of the case.
The case was same as of Union of India vs.M.Bhaskar.
The court in this case set aside the judgments of those tribunals which held that that the traffic apprentices had become entitled to the higher pay scale by the force of the memorandum. The court further also set aside the judgment given by Ernakulum Bench which declared the memorandum invalid.
In this case the court exercised the power of article 142.
The conclusion derived was that the recovery of already paid amount because of the judgment of tribunals will lead to hardships to the appellants/respondents, so the court directed the Union of India to not to recover the amounts. It further said that the order will apply to the appellants/respondents who  are in front of the court and to the pre 1987 apprentice in whose favour the CAT judgment was delivered .It further clarified that no benefit of it would be further enjoyed by any one.
The case was dismissed by the court but keeping in mind the circumstances of the case it was done without any cost.
 
Submitted by:- JASJIT PRANJAL.