MANGILAL Vs. UNION OF INDIA
LAWS(RAJ)-1980-12-20
HIGH COURT OF RAJASTHAN
Decided on December 08,1980

MANGILAL Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

LODHA, J. - (1.) THESE six writ petitions have been filed by the Railway empolyees. Since common questions of law have been raised in the writ petition's and argued, all these cases are being decided by one judgment, as prayed.
(2.) IT would be necessary first to mention facts from one writ petition in order to appreciate the controversy. The petitioner was appointed as the Trains Cleric in the Railway. The appointment was made after selection by Railway Service Commission which included written, interview and departmental training. The next promotion post of a Trains Clerk is a Senior Trains Clerk. Both these posts are selection posts and promotions are made on seniority cum merit basis. Quota for direct recuitment are fixed. The petitioners along with eight persons was given promotion to the post of Senior Trains Clerk. He was posted in Northern Railway, Jodhpur. The vacancies were lying since June 1980 and the they were filled inon 24 -9 -1980. The order of promotion of the petitioner dated 24 -9 -80 Ex. 1 reads as under: The petitioner submitted joining report and took over the charge of Senior Trains Clerk on 25 -9 -80 and since then, he is holding that charge and working as such.
(3.) WHILE petitioner and others are holding the post of Senior Trains Clerk, the Assistant Personal Officer Shri T. N. Bhargava has issued order first mentioning that the order of promotion dated 24 -9 -80 to be kept pending till further orders. Later on, by order dated 1 -10 -80, the petitioner has been reverted to the post of Trains Clerk by cancelling the order of promotion dated 24 -9 -80 which was issued by Divisional Personnel Officer.;


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