- (1.) HEARD Shri U.N. Sharma, Senior Advocate assisted by Shri Chandan Sharma for the petitioner. Shri Tarun Varma and Shri Govind Saran have appeared for the respondents. Shri Vivek Misra appears for Shri Lalit Kumar- respondent No. 5.
(2.) THE petitioner is posted as Chief Security Commissioner-Cum-Deputy Inspector General Railway Protection Force, North Central Railway, Allahabad. By this writ petition he has prayed for directions to quash the order dated 19.8.2009 passed by Railway Board appointing 26 J.A. grade Officers of the Railway Protection Force including petitioner at serial No. 21 to be appointed to officiate as DIG grade with effect from the dates mentioned against them to the extent of the date of appointment of the petitioner i.e. 1.7.2005 in the order. He has further prayed for considering the date of his appointment in DIG grade as 19.8.2004 in accordance with the order issued by the Railway Board of the same date including petitioner at serial No. 13. The petitioner has impleaded Shri Lalit Kumar; Shri C. Thamotharan; Shri R.K. Sharma and Shri D. Kholi as party respondents to the writ petition. The notices were issued to them and were sent on 5.5.2010. Shri Lalit Kumar- respondent No. 5 serving as Inspector General-cum-Chief Security Commissioner (RPF), Colaba, Mumbai alone has chosen to file a reply through Shri Vivek Mishra. This Court passed following orders on 1.2.2010: "Heard Sri Shashi Nandan, Senior Advocate and Sri Satish Chaturvedi for the two applicants, namely Chandra Shekhar Ray and Jaya Singh Chauhan, who have made application for being impleaded as respondent Nos. 5 and 6. A further prayer has been made to direct the respondents to convene the meeting of departmental promotion committee for considering the promotion from the post of Deputy Inspector General to Inspector General. This Bench after hearing the parties passed an interim order on 17th December, 2009 to the following effect: "After hearing learned counsel for the parties and perusing the record, we are of the view that as far as transfer or posting of an officer is concerned, the Railway Administration is free to take appropriate decision in accordance with law. However when in the earlier seniority list and in the promotion order, the petitioner was shown to have been promoted on 19th August, 2004 and was shown above the promotee officer, no reason is forthcoming to indicate as to why in the impugned order dated 19th August, 2009 he has been pushed down. In view of the aforesaid, we are of the view that the order dated 19th August, 2009 in so far as the petitioner is concerned deserves to be stayed and is hereby stayed. Interim order dated 16.9.2009 is modified to the above extent." Sri U.N. Sharma, learned Senior Advocate, appearing for the petitioner submits that petitioner also prays that meeting of the departmental promotion committee be convened for considering the promotion. He further submits that he does not press his interim relief application at this stage. Sri Shashi Nandan, Senior Advocate, submits that in view of the fact that meeting of the departmental promotion committee is to be convened and there is no restraint order of this Court, Chandra Shekhar Ray and Jaya Singh Chauhan need not be impleaded as respondents. In view of the stand so taken, the impleadment application is rejected as not pressed. We, however, clarify that the order dated 17th December, 2009, in no manner, restrain the respondents from convening the meeting of departmental promotion committee for considering the promotion from the post of Deputy Inspector General to Inspector General. The interim orders dated 16th September, 2009 and 17th December, 2009, in view of the stand taken by the petitioner, is withdrawn to the extent as indicated above at this stage. Learned counsel for the parties agree that the writ petition itself may be heard at an early date. We having rejected the application and modified the interim orders dated 16th September, 2009 and 17th December, 2009, let the matter be placed before the regular Bench hearing such matters and this writ petition be not treated as tied up or part heard with this Bench. List this writ petition before the appropriate Bench in the week commencing 15th February, 2010."
(3.) BRIEF facts giving rise to this writ petition are that the petitioner was selected through Union Public Service Commission and was appointed as Assistant Security Commissioner (Junior Scale) Grade 'A and joined on 18.12.1985. He was promoted as Security Commissioner (Senior Scale) Grade 'A' on 20.8.1990 by the order of Deputy Director (Security) Railway Board, New Delhi on ad hoc basis and was regularized w.e.f. 18/12/1990 vide order of the Deputy Director (Security), Railway Board, New Delhi on 22/10/1996. He was promoted in the Junior Administrative Grade vide order dated 26/2/1999 and was thereafter promoted as Deputy Inspector General Grade (Scale Rs. 16400-20000) and was posted as Deputy Inspector General-cum-Ghief Security Commissioner, North western Railways, Jaipur where he served from 1984 to January, 2009. He was transferred to Allahabad and posted as Chief Security Commissioner, North Central Railway, Allahabad w.e.f January, 2009. It is stated by Shri U.N. Sharma that the petitioner was promoted in the Deputy Inspector General Grade on the recommendation of the DPC vide order dated 19/8/2004. His date of promotion was, however, changed by the Director (Establishment) Railway Board, New Delhi by order dated 19.8.2009 from 19.8.2004 to 1/7/2005, giving rise to this writ petition. The order of promotion of the petitioner alongwith 15 persons dated 19/8/2004 issued under the signatures of Director (Establishment) Railway Board on 19/8/2004 shows that the promotees were appointed to officiate for DIG Grade Rs. 16,400-20,000 subject to outcome of the matter No. 3059 of 2003, CAN No. 9241 of 2003 and CAN No. 9430, Union of India v. B. Mohan and others, in the High Court of Kolkata and CWP No. 1159/ 2003, P.K. Agarwal v. Union of India and others, in the High Court of Delhi at New Delhi.;