Bal Raj Tuli, J. - (1.) The petitioner was selected by the Railway Service Commission for the post of Draftsman in the grade of Rs. 100-185 on 18th April, 1956. After undergoing ten months training in Drawing Office Planning, Baroda House, New Delhi, he was posted as Draftsman in the scale of Rs. 100-185 (authorised scale Rs. 150-240), in the Northern Railway Headquarters, Drawing Office Planning, Baroda House, New Delhi, in March, 1957. Prom there he was transferred in 1959 to work as Estimator under the Executive Engineer, Tughlakabad Marshalling Yard, in the scale of Rs. 150-240. The petitioner submits that th8 scales of pay of Draftsmen and Estimators are the same and both the posts are interchangeable, being of identical nature. This allegation has been denied by the respondents.
(2.) The petitioner served as an Estimator in the scale of Rs. 150-240 till 1961, partly under the Executive Engineer, Taghalfeabad Marshalling Yard, Baroda House, New Delhi, and partly under the Executive Engineer, Yugha. kabad Marshalling Yard/Delhi-Rawari Doubling, near Novelty Oinsma, Delhi, wherefrom the petitioner was transferred to Madhopur. Kathua Railway Project in 1961 in the same capacity. The petitioner was promoted to the post of Estimator in the scale of Rs. 205-280, vide General Managers order dated 5th June, 1961. He was then promoted as Head Estimator on 1st April, 1965, in the scale of Rs. 835-485 against the sanctioned past in Kangra Valley Realignment Survey and after the survey operations there were completed, he wa3 posted as Head Estimator in the same scale of Rs. 335.485 in the Madhopur Kathua Railway Project. This post was created in connection with Madhopur-Kathua raii link. The notice temporarily promoting the petitioner to officiate as Head Estimator in scale Rs. 385-485 dated 1st April, 1965, specifically stated as under:- "It should be noted that this temporary promotion is made purely as a temporary local arrangement which will not confer o+ him any right to claim seniority over his seniors for future promotion." From this notice it is clear that the petitioner was not promoted regularly bat the promotion was by way of temporary local arrangement. The petitioner was reverted to the post of Estimator in the scale of Rs. 205-380 with effect from 1st Oct., 1968, by order dated 28th Sept., 1968, which reads as under:- "Consequent on the expiry of sanction of one work-charged post of Head Estimator in scale Eg. 835-485 sanctioned for the Final Location Survey between Kathua and Jsmtnu, with effect from 30th Aug., 1968 (A. N.), Shri 0. P. Khatri, officiating Head Estimator, is reverted to the post of Estimator in scale Rs. 205-880 with effect from 1st Oct., 1968."
(3.) The petitioner alleges in the petition that one Shri Hang Raj Mehta, who was working as Head Draftsman and Head Estimator in the scale of Rs. 835-485, was ordered to be reverted to the post of senior Draftsman in the Beale of Rs. 205.880, against which he filed a civil writ in the Delhi High Court in Aug., 1968 (Civil Writ No. 676 of 1968) in which he impleaded inter alia the petitioner as respondent. The ground urged by Shri Mehta in his writ petition was that as officials junior to him were continuing as Head Estimators/Head Draftsmen, he should not have been reverted. His writ petition was admitted and the reversion order was stayed by the Delhi High Court. In the return it has been stated that Shri Hans Raj Mehta was holding th6 temporary post which came to an end and he was senior to the petitioner. His petition has since been dismissed. The petitioner has challenged the order of his reversion dated 88th Sept., 1968 on various grounds in the writ petition which was filed on 30th Jan., 1969. The petitioner remained on leave from 1st Oct., 1968 to 81st Jan., 1969 and ha joined the duty on let Feb., 1969, because the Motion Bench refused to grant stay of the order of reversion.;