D.K.CHAKRAVORTY, J. - (1.) In this application under Sec. 19 of the administrative Tribunals Act, 1985, Shri D. S. Narahari, Deputy Chief Engineer (Construction), South Eastern Railway, Garden Reach, Calcutta has prayed for quashing of, the Railway board's order dated 17.3.1988 rejecting his request for promotion to the Senior Administrative Grade and has sought for issue of direction to the respondents for fixing his seniority in accordance with Ministry of Home Affairs Office Memorandum dated 6th August, 1963, grant of promotion in accordance thereto with retrospective effect and payment of all arrears of pecuniary entitlements.
(2.) The brief facts of the case are as follows. The applicant graduated in Civil Engineering in 1962 and joined the Army as a Short Service Commissioned Officer in the rank of Lieutenant on 2.8.64. He attained the rank of Major and was released from the Army on 30.8.69. Such released officers are eligible for appointment against vacancies reserved for them under the Released Emergency Commissioned Officers and Short Service Commissioned Officers (Engineering & Medical Services) Reservation of vacancies Rules, 1971. He submitted his application against the very first UPSC advertisement which came out, after his release, on 20.3.1971 for special recruitment of released graduate Engineers. He appeared at the selection test held in April, 1972 and in the results of selection by Union Public Service Commission published by the Railway Board in July, 1972 applicant stood first in order of merit. He was appointed as a probationer in the Indian Railway Service of Engineers (hereinafter referred to I.R.S.E.) He joined the service as a probationer on 7.4.73. The prescribed period of probation was three years. At the end of his first year of probation he passed the departmental examination in the first attempt itself.
(3.) In terms of the Railway Board's letter dated 17.3.75 he was allotted to the year 1965 and was placed below all direct recruits to IRSE on the basis of the 1964 Examination i.e. below Shri Mayavan Raju of Southern Railway. His deemed date of appointment for fixation of pay was fixed as 7.4.65. He completed his period of probation on 7.4.76. An IRSE Officer is normally required to serve for a period of 4 years, including the period of probation, before promotion to the senior scale and, thereafter, he has to put in service of 5 years in the senior scale for promotion to the post Junior Administrative Grade. The applicant states that in view of the seniority given to him, his deemed date of appointment to IRSE is 7.4.65. He contends that he had nationally completed four years of service on 6.4.69 and another 5 years of service on 6.4.74 for promotion to the Junior Administrative Grade. As the railway authorities did not consider him for promotion on the due date he submitted a representation on 14.4.76. However, he was belatedly promoted to the senior scale only in April, 77. He was allowed to cross the Efficiency Bar retrospectively from 1.4.1975.;