GOPI BEHARI SAHAI Vs. DIVISIONAL RAILWAY MANAGER, CENTRAL RAILWAY, JHANSI
LAWS(ALL)-1995-9-170
HIGH COURT OF ALLAHABAD
Decided on September 29,1995

Gopi Behari Sahai Appellant
VERSUS
Divisional Railway Manager, Central Railway, Jhansi Respondents

JUDGEMENT

S. Dayal, A.M. - (1.) This is an application under Section 19 of the Administrative Tribunals Act, 1985, The relief prayed in the application is a direction to the respondent to interpolate the seniority of the applicant over his junior counterparts, who have superseded him due to administrative failure. The applicant also seeks a relief of keeping up of pay as per rules in comparison to his juniors.
(2.) The grounds on which the reliefs have been asked for are that the promotion of the applicant as wheel Attendant was delayed by 13 years after he had cleared the test. The applicant was entitled to be promoted with effect from 1 -1 -1965/5-5-1965 as wheel attendant because that was the date from which vacancies we re available ; that the promotions to skilled and highly-skilled grade II and I were also delayed because of delay in his promotion as Wheel Attendant and that delay in promotion was due to no fault of the applicant.
(3.) The facts as given in the application are that the applicant started his career as C and W Khalasi with effect from 31-12-1962. He passed trade test on 5-2-1965 and was promoted as Wheel Attendant on 5-1-70. He was reverted from the post of Wheel Attendant to the post of C and B Khalasi without any reason from 19 1-1972. He was re-promoted as wheel Attendant on the basis of the trade test held on 5-2-1965, with effect from 14-3-1978. Due to delay of the promotion the following , persons, who were junior to him became his seniors (1) Ramesh Chandra Salig Ram (2) Uma Shankar (3) Narain Dass (4) Munshi Lal Ram Pd. (5) Keshav Dass Jagannath (6) Kalicharan (7) Ram Swarup Ram Charan (8) Gurdeen Santa (9) Pooran Ganesh (10) Lakhan Lai Buddha (11) Dariyao Singh (12) Kashi Ram Rathoo (13) Mohan Lai Shyamlal;


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