N. Sengupta, J. - (1.) The applicant has prayed for promotion to the grade of Assistant Accounts Officer in Group of the railway service from the date his juniors were so promoted and to pay him the arrears of salary etc. with interest thereon.
(2.) The applicant's case is that his first appointment in the S.E. Railway in the Accounts Deptt. was on 9.2.54. In due course he was promoted as Asst. Accounts Officer on an ad hoc basis by an order dated 26.7.85 vide Annexure -A/1. After his ad hoc promotion, he along with others appeared at a selection test in which he came out successful and was placed 14th in the panel prepared for regular appointment as Asst. Accounts Officer. According to the applicant, his promotion was shown as ad hoc only because there was certain litigation pending in the Calcutta High Court. In 1987 May, another list of 57 persons for the post of Asst. Accounts Officer in Class -II was published and there also his name found place. On 18.7.89, the third respondent, with the approval of the competent authority, promoted some of the Asst. Accounts Officers to the senior scale and of them S/Sri M. B. Paul, D. Swaminathan, G. Viswanathan, and G. V. Sree Ramamurthy were placed lower in the list than him. Against this supersession of his, he made a representation on 16.8.89 (Annexure -A5). On 13.9.89 he sent a reminder as he got no reply to his representation. Thereafter on 19.9.89, respondent 4 replied that as he (the applicant) was not given vigilance clearance, he could not be promoted to the senior scale. The applicant has further averred that till the date of filing of the application, no memorandum of charge was served on him. After that reply, on 11.10.89 another person i.e. Ch. V. Ramanna, junior to him, was promoted.
(3.) The applicant pleading thus and further pleading that as M. B. Paul was the person next below him in the panel, he alone has been made party and has prayed for regular promotion to the senior scale of Asst. Accounts Officer with consequential benefits.;