Grade D posts was already gone into and decided by this Court and the Division Bench by order dated 13.03.2006 had made it clear as extracted herein above that the petitioners will be entitled to the benefits of pay scale in the Group 'C' category only as long as they discharge their service in the Group 'C' category post. Further as it has been held that as and when they are asked to discharge the Group D duty, they cannot have any grievance with regard to the applicability of pay as contemplated under Rule 39(2). Therefore, in view of the aforesaid categorical decision arrived at which has been accepted by the petitioners and also in view of Rule 39(2) extracted above, petitioners even though were working under the Group 'C' post in the higher pay scale, on their reversion to the post of Trackman as on 31.07.2006, they will be entitled only to the pay scale of Trackman with the appropriate grade pay, of course with the increments as they have been reverted from the higher post. When admittedly, now the pay scale has been fixed to the petitioners in the pay band applicable to the post of Trackman at Rs.2610 -3540 as on 01.01.2006 and the petitioners have been promoted as Senior Trackman II in the scale of Rs.2650 – 4000 as on 01.07.2007, their claim cannot be sustained.
