LAWS(SC)-1996-10-130

UNION OF INDIA Vs. PREM NARAIN MISHRA

Decided On October 31, 1996
UNION OF INDIA Appellant
V/S
Prem Narain Mishra Respondents

JUDGEMENT

(1.) Prem Narain Mishra, the respondent herein, was appointed as commercial Clerk in the Eastern Railway on 15-1-1962. He was confirmed on the said post in the year 1963. On 1-1-1978, he was asked to work as enquiry-cum-Reservation Clerk in the scale of Rs 150-560 on ad hoc basis as stopgap arrangement. M. L. Bhowmik and S. C. Ghosh who were appointed as ticket Collectors (a post in grade lower than that of Commercial Clerk) on 15-1-1962 and certain other employees who were appointed as Commercial clerks subsequent to Respondent 2 were also asked to work as Enquiry-cum- reservation Clerks on ad hoc basis on 1-1-1978. All were regularised as enquiry-cum-Reservation Clerks with effect from 1-1-1978. A gradation list was circulated on 6-4-1981 in which M. L. Bhowmik and S. C. Ghosh and the other Commercial Clerks aforementioned were shown senior to the respondent as well as one Awadesh Rai who had been appointed as commercial Clerk on 27-12-1955 and had been asked to work as Enquiry- cum-Reservation Clerk on 1-1-1978. Feeling aggrieved by the said seniority list, the respondent and Awadesh Rai filed a writ petition (CWJC No. 2419 of 1981) in the Patna High Court which was subsequently transferred to the central Administrative Tribunal (hereinafter referred to as "the Tribunal") and numbered as TA No. 10 of 1983. By judgment dated 16-12-1988, the said petition was allowed by the Tribunal and it was directed that the respondent and Awadesh Rai be assigned seniority over M. L. Bhowmik, S. C. Ghosh and other Commercial Clerks.

(2.) Prior to the revision of pay scales with effect from 1-1-1986, there were the following grades for Enquiry-cum-Reservation Clerks: rs 330-560 (Initial) rs 425-640 (Non-selection) rs 455-700 (Selection) rs 550-750 (Non-selection) rs 700-900 (Selection)

(3.) While the above-referred petition was pending before the High Court and the Tribunal, steps were taken for promotion to the selection scale of rs 455-700. The said selection involved a written test followed by an oral test. The written test was held on 17-6-1984 and 30-6-1984. The respondent could not appear in the written test on those dates on account of his having fallen sick and the selection was kept upon (sic open) for him. The respondent appeared in the written test held on 4-12-1985 but he failed to obtain the minimum qualifying marks. A selection panel containing the names of S. C. Ghosh and other persons who were junior to the respondent was prepared.