Decided on March 26,1976



Manash Nath Roy, J. - (1.)This appeal is directed against the judgment/Order dated 28th May 1970, made in Civil Rule No. 2983 (W) of 1965, by P. K. Banerjee, J. The learned Judge by the said order has discharged the Rule.
(2.)The appellant was initially appointed as a Commercial clerk under the Darjeeling Himalayan Railways and after the merger of the same with the Assam Railways, he was permanently appointed as a Tally Clerk, in the scale of Rs. 40-1-50/2-60-. Such appointment was made at the instance of the Divisional Personal Officer, Assam Rail Link Project, Kurseong. In his petition, the appellant h ts mentioned series of injustices caused to him and he has also given particulars of various instances of harassments and humiliations meted out to him, for the purpose of establishing malafide intention of the authorities concerned, in the matter of taking the impugned action against him.
(3.)The appellant has stated that since all his representations failed, he was compelled to file a case on 30th April 1964, before the Deputy Commissioner, Darjeeling, under the provisions of the Payment of Wages Act, and in the said proceeding, he got an Award on 5th Nov. 1965, for necessary increment. He has alleged that the said case was fixed for hearing on 25th July 1964 and he duly obtained four days casual leave from the Station Superintendent, Katihar, on the bases of an application dated 18th July 1964. The appellant has further stated that on 21st July 1964, he also prayed for a memo sparing him from duties for the purpose of proceeding to Darjeeling but the said Station Superintendent, instead of granting necessary permission, informed him that he will have to attend Gauhati Court on 24th July 1964 and as such, requested him further to get his case before the Deputy Commissioner concerned adjourned and he was further directed to appear before the Assistant Commercial Superintendent, Katihar, for obtaining a second class pass, for enabling him to go to Gauhati It has been alleged by the appellant that pursuant thereto, he duly presented himself for the necessary second class pass and he was directed by the said Assistant Commercial Superintendent, to meet the Head Clerk of the General Section, for obtaining the pass. The appellant has alleged that the Head Clerk in his turn, instead of issuing a second class pass, granted a third class pass to him, stating that he was not entitled to a second class pass. It has further been alleged by the appellant that since a second class pass, as directed, was not issued, he in his turn, returned the third class pass as soon as he received the same and thereafter, neither the said third class pass nor a second class pass, as was directed to be issued, has been returned to him and the happenings as aforesaid have been duly informed to the Station Superintendent, Katihar, by letter dated 22nd July 1964. It may be mentioned that for want of a proper pass, the appellant could not go to Gauhati and he has further alleged that in fact he did not refuse the memo in question but he in his turn after receipt, return the same for the issue of a second class pass.

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