R CHAKRAVARTHY; CHIEF MECHANICAL ENGINEER, MECHANICAL DEPARTMENT, INTEGRAL COACH FACTORY AND ORS Vs. M DHANA SINGH AND ORS

JUDGEMENT

(1.) These two appeals are filed against the order of Mohan, J., in W.P. No. 2293 of 1973. That petition was filed by one Dhana Singh for the issue of a writ of certiorari calling for the order dated 11th October, 1972 on the file of the General Manager, Integral Coach Factory, Madras, and quashing the same. In that writ petition Dhana Singh made the Chief Mechanical Engineer, General Manager, Chairman, Railway Board, and the Union of India, as the first four respondents, and Chakravarthi as the fifth respondent. The facts of the case are briefly as follows. Upto 25th March, 1970 selection to the nine grades like lathe-carpenter, fitter, etc., was made in accordance with a common roster maintained. Under the common roster for the nine grades a reservation of 12 1/2 per cent of seats for the Scheduled Caste and 5 per cent for the Scheduled Tribes was provided. By a circular dated 29th April, 1970, the representation for the Scheduled Caste and Scheduled Tribes was increased from 12 1/2 per cent to 15 per cent and from 5 per cent to 7 1/2 per cent respectively. The circular directed the preparation of a new roster from 25th March, 1970, according to the new representation provided for in the circular. The circular also provided that vacancies shall be filled up according to the new roster, subject to the exception which we shall refer to presently.

(2.) One Narayanasami, who was a Sheet Mechanic, was promoted as Shop Superintendent in 1965. To fill up the vacancy that arose because of the promotion of Narayanasami, Thomas Jebaraj was selected. His name was kept in the panel and he also officiated as Superintendent. On 7th October, 1971, Narayanasami applied for leave, preparatory to retirement. He was granted leave on 7th October, 1971 and he retired on 5th January, 1972. Jebaraj was promoted on 7th October, 1971. In November, 1971, the authorities conducted a selection for the post of Superintendent anticipating the promotion of Jebaraj. Two persons were selected, one was Dhana Singh (petitioner in the writ petition) and the other was Chakravarthi, (fifth respondent). In April, 1972, Jebaraj was promoted to Class II service. In the vacancy so caused Dhana Singh was posted by the Integral Coach Factory, But, on appeal, the Government set aside the order appointing Dhana Singh, and posted Chakravarthi. In the writ petition. Dhana Singh complained that the Government was in error in giving Chakravarthi seniority and depriving him of the seniority which was conferred on him by the amended circular, and that the order of the Government was in gross violation of Articles 16 (4) and 335 of the Constitution of India.

(3.) The learned Judge allowed the writ petition, holding that, according to the new circular and Annexure I, Jebaraj having been promoted as against a scheduled caste vacancy, the vacancy could only be treated as a reserve vacancy.