UNION OF INDIA Vs. A DURAIRAJ

JUDGEMENT

(1.) Application for substitution allowed. The appellants are permitted to bring the legal heirs of the deceased respondent on record. Cause title to be amended. Heard.

(2.) The Respondent, a diploma holder in mechanical engineering belonging to a schedule caste, while working as a Senior Section Engineer, Signal and Telecommunications, Southern Railways, in the year 1976, was considered along with others, for adhoc promotion to the post of Asst. Signal and Telecommunication Engineer (ASTE for short). Those who passed the medical examination (which included the tests to find out whether the candidates were not suffering from colour blindness) were given ad hoc promotions. However the medical examination report of Respondent showed that he was colour blind and, therefore, he was not given ad hoc promotion as ASTE.

(3.) In the year 1980, the Respondent appeared for the written examination for regular promotion to Class II Group B Services (including ASTE), but failed to qualify and was not promoted. According to the Respondent, three other schedule caste candidates who were earlier given ad hoc promotion as ASTE, and who also had failed in the written examination, were promoted in view of the policy of the government to select the best among the failed schedule caste candidates. According to Respondent, if he had been given the ad hoc promotion in the year 1976, he would have had a better chance of been considered for regular promotion as ASTE inspite of failing in the written examination.