PRATIBHA BANERJEE, J. - (1.) This application has been taken out by the applicant challenging the letter dated 25.12.86 issued by the respondent No. 7 communicating the decision of the respondent No. 3 refusing to step up the pay of the applicant w.e.f. 1.3.1979, when his juniors were promoted superseding the applicant.
(2.) The applicant, at the relevant time was working as CTXR, Eastern Railway, Sealdah under the control of the Divisional Railway Manager, Sealdah. The applicant states that a combined seniority list is maintained for the applicant and his other counterparts in Head office controlled posts scattered in different Divisions of the Eastern Railway. Such list is maintained by the Chief Personnel Officer, Eastern Railway, the respondent No. 3 herein. The applicant is entitled to advancement of service in the avenue of promotion subject to seniority/suitability for the post available in the cadre anywhere in Mechanical (C & W) Department over Eastern Railway. It is his case that he is senior to the private respondent Nos. 11 and 12, which is an admitted fact. In the seniority list dated 21.4.85, the applicant was shown at serial No. 106 in the scale of Rs. 840 -1040/ - whereas the private respondent Nos. 11 and 12, Sri T. P. Sinha and Sri S. K. Samanta were at serial Nos. 9 and 11 respectively in the scale of pay of Rs. 700 -900/ -, which is a lower scale than that of the applicant. This fact clearly proves that the private respondents were not promoted to the higher scale. As the applicant was drawing higher scale of pay, the chance of promotion in the next higher grade cannot go in favour of the private respondents Nos. 11 and 12 unless the applicant refuses such promotion or is declared unsuitable for the said post. The applicant further states that he holds a transferable job and is liable to be posted anywhere in other Divisions throughout Eastern Railway either on promotion or for administrative convenience.
(3.) It is stated in the application that the pay of the private respondents 11 and 12 were raised two stages above the initial at Rs. 760/ - on 1.3.81 on the ground that they were given officiating promotion in the scale of pay of Rs. 700 -900/ - from 1.3.79 against existing vacancies at Howrah Division. According to the applicant, he is entitled to the same benefits.;