PRATIBHA BANERJEE, J. - (1.) In this application u/s. 19 of the Administrative Tribunals Act, the applicant has prayed for the following reliefs: (a) To call for the relevant records regarding empanelment of serving Graduate II Clerks for appointment in the vacancies of Grade I Clerks arising on 1.10.80 under an order of Rly. Board's letter No. P.C. III/8/ug/7 dated 31.7.81, (b) To include the name of the applicant in the panel of serving Grade II Clerk for promotion to Grade I Clerk, (c) To allow his due seniority in the panel, (d) To ensure that the applicant be deemed to have been promoted to Grade I Clerk with effect from 19.1.1985 when other Grade II Clerks next junior to him were promoted, (e) To issue necessary orders so that arrears due to the applicant as a result of promotion from 19.1.85 be paid at an early date.
(2.) The applicant is working as a Graduate Clerk, Gr. II in the office of the Chief Operating Superintendent (C.O.P.S.), Eastern Railway, Fairlie Place, Calcutta. The vacancies in the grade of Senior Clerks in the scale Rs. 330 -560/ - are to, be filled up from amongst the Graduate Clerks -Gr: II already serving in terms of Railway Board's Circular dated 31.7 (Annexure' A' to the application). The said document was circulated in Chief Personnel Officer's office on 14.1.1982 as well as in the office of C.O.P.S. on 22.1.82 asking the serving Graduate Clerks -Gr. II working the office of C.O.P.S. to exercise option in writing to be empanelled filling up the vacancies of Sr. Clerk arising from 1.10.80 onwards through a limited departmental examination to be conducted by the Railway Service Commission. (Annexure 'B' to the application).
(3.) The applicant duly exercised his option in terms of Annexures and 'B' mentioned above and his said option was accepted without any restriction as to age limit. There was no mention of any age bar in the Rail Board's Circular inviting option. The applicant was called upon to sit in a written examination conducted by the Railway Service Commission on 1 84. The oral test was taken on 24.8.84. The roll number of the applicant was 865 and the applicant was awaiting for his result in due course.;