P. SASHIDHARAN Vs. GENERAL MANAGER, N. F. RLY. MALIGAON AND OTHERS
HIGH COURT OF GAUHATI
GENERAL MANAGER, N F RLY MALIGAON
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(1.) By this application under Article 226 of the Constitution of India, the petitioner has prayed for quashing the Order No. E/254/99(T) dated 9-5-1972, by which the decision of the Railway Board was communicated to the effect that the panel of the Law Assistant in the scale of pay of Rs. 305-425(AS) which was initially approved by the CCS on 23-5-1969 should be modified by replacing the petitioner's name with the name R. K. Sutradhar, Sr. Clerk, C. C. S./ Claims Officer (SC), who has been impleaded as respondent No. 11 ia this petition.
(2.) The facts of the case may be briefly stated. A selection for promotion to the posts of Law Assistant in the scale of Rs. 305-425/- was held on 4-1-1969, 7-1-1969, 21-4-1969 and 22-4-1969 and 9 persons were selected for promotion to the posts of Law Assistant. Thus, the panel for promotion to the posts of Law Assistant was confirmed by Notification No. E/254/99(T) dated 30-5-1969, which is at Annexure-VI to this petition and is quoted below: "In a selection held on 4-1-1969, 7-1-1969, 21-4-1969 and 22-4-1969 the following candidates have been selected for promotion to the post of Law Assistant in scale of Rs. 305-425/(AS) and their names are shown indicating their panel position against each of them.
1. Shri Hari Pada Barman, steno CCS (Claims) Office (Scheduled Caste) ... (1)
2. Shri Ram Nagina Yadav. Sr. Translatory ... (2)
3. Shri Anandamoy Chakraborty, ALWI/MLG ... (3)
4. Shri Tarpada Biswas, Sr. Clerk under DME/KIR ... (4)
5. Shri N. C Das, CG, I under FA&CAO/MLG ... (5)
6. Shri J. S. Dhar, Sr. Clerk under CE/MLG ... (6)
7. Shri P. C. Paul, Sr. Clerk under SO/MLG ... (7)
8. Shri Biswanath Suklabadya, Sr. Clerk under CCS/Rates/ MLG (Scheduled Caste) ... (8)
9. Shri P. Sashidharan, CG-1 under FA&CAO/MLG ... (9)"
(3.) This panel was also published in the North-East Frontier Rly., Fortnightly Gazette No. 13 of 1969, dated 1st July, 1969. The panel was approved by the CCS on 23-5-1969. Anandamoy Chakraborty whose name is mentioned against S1. No. 3, was promoted on 1-1-1970 and the petitioner P. Sashidharan was promoted on 16-3-1970 and the others were promoted in 1969. Thus, all the persons empanelled were promoted by 16-3-1970 and the entire list was exhausted.;
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