Sail Kumar Datta, J. - (1.) The petitioner has been holding a permanent post in the Railways and was posted as clerk in 1967 under Electrical Foreman (South), KGP. At a suitability test held on December 28, 1968 for the post of Head Clerk in scale of Rs. 210-380, the petitioner was declared passed by the Divisional Personnel Officer. The petitioner, then a senior clerk in scale of Rs. 130-300, was promoted to officiate as Head Clerk in the scale referred to above. At the material time he was working as officiating Head Clerk under Divisional Electrical Engineer (RS) Tikiapara, Respondent No. 4. On may 13, 1969 the said respondent wrote a letter to the petitioner informing him that he was indifferent to the instructions issued by the said respondent and was not complying with the same, and thereby caused great inconvenience to certain staff coming on transfer who did not get their pay in time. The petitioner was severely warned and was informed that on failure to comply with the directions severe disciplinary action would be taken. No explanation was called for from the petitioner nor was he charged as being unsuitable in his post.
(2.) The said respondent soon thereafter on May 16, 1969 wrote a letter to the Divisional Personnel Officer, S. R. Rly., Kharagpur. The said letter (Annexure E) in extracts is set out as below : "Sri N. G. Chakraborty, Sr. Clerk working previously under BF (S) KGP transferred on promotion as Head Clerk with effect from 31.1.69 proved unsuitable to continue to work as Head Clerk even in spite of giving a number of chances to improve and maintain the office. Hence, he is reverted with immediate effect and is directed to report to you for necessary posting order, since there is no vacancy of Sr. Clerk available at car-shed and it is not possible to accommodate him as Sr. Clerk after reversion since there is no existing vacancy at present. It is also not desirable to retain him as a Sr. Clerk in order to maintain decorum of office " The said letter was followed by the following order dated May 17, 1969 (Annexure F) issued to the petitioner by the respondent No. 4:- "Sri N. G. Chakravarty, officiating as Head Clerk at TPKR car-shed under DEE/RS, is hereby reverted as Senior Clerk in scale of Rs. 130-300/- as with effect from 19. 5. 69. On reversion he will be given the pay and allowances due to him in his substantive post on that date or such higher pay and allowances as may be attached to the post he may occupy thereafter. He will be eligible to be considered for promotion to another higher post which was open to him but for such reversion". The petitioner thereafter on May 29, 1969 wrote a letter to the Divisional Superintendent, S. E. Railway, Kharagpur, refuting the allegations against him and challenging the above order as being illegal and without jurisdiction and prayed for setting aside the same. As no reply was received the petitioner in the said circumstances moved in this Court under Art. 226 (1) of the Constitution and this Rule was issued on August 20, 1969 calling upon the respondents to show cause why a Writ in the Nature of Mandamus should not issue commanding them to candle or withdraw the impugned order of reversion Annexures E and F to the petition and for a Writ in the Nature of Certiorari quashing the same. An interim order was passed to the effect that any appointment if made to the post the petitioner was holding would be subject to the final orders as would be passed in the Rule.
(3.) On an application for amendment of the petition the petitioner was granted leave to add two grounds and a prayer. The grounds challenged the withholding from the petitioner his salary in grade of Rs. 210-380/-to which, it was contended, he was entitled and the prayer related to a direction on the respondents to pay all amounts to which he would be found legally entitled.;