NIRODE CHANDRA ROY Vs. GENERAL MANAGER, N.F. RAILWAY, PANDU AND ORS.

JUDGEMENT

(1.) THIS is a petition by one Nirode Chandra Roy, who is working in the N.F. Railway Claims Department. The Petitioner was appointed as a clerk in the office of the District Mechanical Engineer, Lumding Assam Railway on 30 -7 -48. Subsequently he was transferred to the office of the Deputy Chief Mechanical Engineer, Assam Railway, Pandu and confirmed in this post on 26th February, 1952. When there was re -grouping of Railways he was transferred to the Regional Superintendent, Mechanical Branch, N.E. Railway, Lucknow in the month of May, 1952. By a letter of the Deputy General Manager, N.E. Railway dated Gorakpur the 14 -10 -57 the employees who were willing to go on transfer to the area covered by new zone were asked to apply by the 31st October, 1957 for such transfer. The Petitioner applied to the Senior Personnel Officer intimating his option for transfer to Pandu Head Quarters. The Petitioner was thus by letter dated the 4th December, 1957 transferred to join at Pandu by 2nd Jan. 1958. The Petitioner was released by letter dated 21st December, 1957 when the bifurcation took place and this new N.F. Railway came into existence from 15th January, 1958. The Petitioner on coming here was directed to report in the office of the Superintendent (Mechanical) Pandu for duty by 6th January 1958. By another letter dated the 30th January 1958 the Petitioner was re -posted from the office of the Chief Mechanical Engineer to the office of the General Manager, N.F. Railway, Pandu. On the 26th April 1958 the Petitioner wrote to the Deputy General Manager that he would be surplus to requirement and he may be transferred to his parent Department. The Petitioner then by an order dated 8th May 1958 was transferred to the Statistical Department and he was asked to report in that office. By a letter of the Deputy General Manager (P), N.F. Railway, Pandu dated 19th May 1958 the Petitioner was re -transferred to the office of the District Commercial Superintendent Office, Pandu. In terms of the above orders the Petitioner joined the District Commercial Superintendent -Claims Office on 2nd June 1958 and since then he has been working in this office.

(2.) THE Petitioner on the 25th June 1958 wrote to the Deputy General Manager (P), N.F. Railway, Pandu to promote him to the rank of Senior Clerk with effect from 16th January 1958 in the Claims Office subject to his appearing and passing suitability test and/or transfer him back to his parent Mechanical Branch in the Chief Mechanical Engineer's Office, Pandu, over which he had the lien. Otherwise his seniority was likely to he affected. The Chief "Traffic Superinteudent/Pandu by letter dt. 10th July 1958 informed the Petitioner about the Departmental Test Examination to be held on 13th July 1958 and he was asked to appear in the said test. The Petitioner appeared in that examination but he could not succeed. By letter dated 4th December 1959 the District Commercial Superintendent Pandu terminated the lien of the Petitioner along with the other for the first time and the Petitioner was given lien as Junior Clerk in the scale of Rs. 60 -130/ - in the Claims Branch with effect from the 15th January 1958. The effect of this termination of his lien was that the juniormost employees in the Mechanical Branch were promoted to Senior Clerk with effect from 16th January 1958 while the Petitioner continued as junior clerk in the Claims Department though he had requested to be transferred to his parent Department. On the 27th September 1959 another Departmental examination was held in which the Petitioner came out successful and topped the list. The results were duly published. Shri Karuna Sankar Bhattacharjee arrayed as opposite party No. 4 in this petition, whose name appeared in Serial 37 in No. 727, could not come out successful in the examination. This examination, however, was subsequently declared as null and void by another notification. Another Department Test Examination was then held on the 8th May 1960 and the Petitioner also came out successful in that examination, the result of which was announced by a notification dated the 25th June 1960. The Petitioner and Sri Karuna Sankar Bhattacharjee opposite party No. 4 were promoted to the Senior Clerk in the scale of Rs. 80 -220/ - with effect from the 8th May 1960. On the 8th November 1962 Sri Karuna Sankar Bhattacharjee was again promoted to the Head Clerk though he passed the selection Test Examination on 8th May 1960 along with the Petitioner. Sri Karuna Sankar Bhattacharjee is a junior employee as a Clerk as he was approved to the appointment. on 30 -11 -49 and the departmental examination dated 8th May 1960 was passed together by both Sri Karuna Sankar Bhattacharjee and the Petitioner. Sri D.P. Chakravarty opposite party No. 5 who also passed the same Departmental Examination on 8 -5 -60 and being junior in service to the Petitioner as he was appointed on 16th February 1950 only; could not be promoted in the post of Head Clerk, Claims office from 23rd September 1963 in preference to the Petitioner. A provisional Seniority List was published on the 31st November 1968 in which Sri Karuna Sankar Bhattacharjee was shown as No. 14 and the Petitioner's name was shown in serial No. 49 and he was shown as officiating. The list also showed Sri. D.P. Chakravarty in serial No. 52.

(3.) THE Petitioner preferred an appeal against this list. The Petitioner was informed on the 12th March 1963 that he could not be placed above Sri Karuna Sankar Bhattacharjee because the Petitioner failed in the Departmental Examination held in July 1958 and that he passed only in the second chance i.e. in the Departmental Test Examination on 8 -5 -60 when Sri Karuna Sankar Bhattacharjee also passed in the first chance. That finally on 28th August. 1964 by an office order the final list of confirmation of Senior Clerks in the scale of Rupees 130 -300/ - in the Claims Branch was published and in this list Sri Karuna Sankar Bhattacharjee was shown in serial No. 22 and he was shown as officiating Head Clerk confirmed with effect from 8th May 1960 and the Petitioner was shown in serial No. 23 just below Sri Karuna Sankar Bhattacharjee and he was shown as Senior Clerk and date of Seniority was shown from 8 -5 -60. Shri D.P. Chakravarty was shown against serial 26 and he was shown as officiating Head Clerk and his date of final confirmation was shown as 8 -5 -60. Again the authority published and circulated a seniority list by letter dated 31st December 1964 showing the seniority position in which Sri Karuna Sankar Bhattacharjee was shown in serial No. 13 and Sri Chakravarty in serial No. 14 and the Petitioner was shown in serial No. 51. On the 8th March 1965 the Petitioner asked for review of this list. It is this fist which is challenged before this Court by the Petitioner.