MUNSHI LAL VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Special Leave is granted.

(2.) Appellant an Assistant in the employment of the Western Railway filed a suit asking appointment in one of the 24 upgraded posts of non-gazetted cadre Clerks sanctioned in March 1957 with effect from April 1, 1956. The requisites to be satisfied for enjoying the advantage were that the employee should be a graduate on the date of the order viz., November 12, 1957 and should be entitled to be considered on the basis of seniority. The plaintiff was placed in the 21st position according to seniority and was already a graduate by the relevant date. He was, however, not given one of those upgraded posts as four out of the 24 upgraded posts were reserved for Scheduled Castes and Scheduled Tribes employees. Ultimately when employees of the reserved category were not available the posts were dereserved. Yet plaintiff was not given one of those posts. He, therefore, filed the suit.

(3.) The Railway Administration took the stand that plaintiff had not passed the requisite test by the relevant date and before dereservation of the four posts the office was reorganised and the divisionalisation was adopted. The plaintiff, therefore had no right to the post.