K.V. NATH Vs. CHIEF PERSONNEL OFFICER, SOUTH EASTERN RAILWAY AND OTHERS
LAWS(CAL)-1976-3-47
HIGH COURT OF CALCUTTA
Decided on March 18,1976

K.V. NATH Appellant
VERSUS
CHIEF PERSONNEL OFFICER, SOUTH EASTERN RAILWAY AND OTHERS Respondents

JUDGEMENT

Manash Nath Roy, J. - (1.)In this petition, the petitioner has impeached the orders dated 5th Aug., 1969, 30th April, 1971 and 28th Aug., 1971, issued by the Chief Personnel Officer, South Eastern Railway and has also challenged the purported actions of the Respondents in reducing his salary and in denying the scale of pay.
(2.)On or about 23rd April, 1938 the petitioner was appointed as a number-taker in the then Bengal Nagpur Railway and thereafter he has alleged to have been promoted as a Stenographer under the said Railway on 5th Jan., 1943, in the scale of Rs. 65-85.00. He has further alleged that he was so appointed as a Stenographer after being successful in the required test. Thereafter, the petitioner has stated that on 19th April, 1946 he was promoted as a Stenographer in the Grade III, viz., Rs. 100.00 after duly qualifying in the necessary test. It has been alleged by the petitioner that on or about 6th July, 1946, he was again promoted to Stenographer Grade II and was posted at Kharagpur and ultimately he was confirmed as the Stenographer, Grade II on 6th March, 1950.
(3.)The petitioner has alleged that during the service under the then Bengal Nagpur Railway, personal matters were dealt with by the Superintendent, Transportation, Traffic, Garden Reach and he never worked under the Mechanical Department. Such statement, the petitioner has made for the purpose of establishing the fact that his papers, thus would not be available with the said Mechanical Department. The Petitioner has further alleged that in the then Bengal Nagpur Railway, recruitment of Stenographer was made only after they have passed a test conducted and the minimum requisite qualification for such test was 100 words per minute. He has further stated that although tests were regularly held, there had been no procedure of intimating individual employees about the results of such test and success in such tests had to be understood from the permission to officiate to each higher grade. As indicated above, the petitioner has also made it clear that he was duly promoted to the higher grades of Rs. 65-85.00 and Rs. 100.00 only after passing the successive tests in accordance with the necessary rules.
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