HAR SWARUP Vs. GENERAL MANAGER CENTRAL RAILWAY

JUDGEMENT

(1.) The sole petitioner in this petition under Article 32 of the Constitution of India has prayed for a Writ of Mandamus or any other appropriate directions to the General Manager, Central Railways Bombay - respondent No. 1, to the General Manager, Western Railways -respondent No. 2 and the Union of India, Ministry of Railways, Railway Board, New Delhi - respondent No. 3 to place the petitioner as an Executive Engineer above Shri C. S. Patankar - respondent No. 4 for the purposes of seniority, pay, grade, arrears of pay and further promotions to higher grades and posts and also for a Writ of Mandamus for placing the petitioner in the grade of Rs. 450-575 in the post of Inspector of Works from 1-4-1958 for all purposes. The petition has been resisted by respondent No. 1 on whose behalf a counter-affidavit has also been filed. The petitioner has filed an affidavit in reply.

(2.) As we proceed to state the facts of the case, it would be clear that this writ petition has got to fail on the ground of delay, laches of the petitioner, his claim being stale and barred by res judicata.

(3.) The petitioner was appointed in the year 1947 as Inspector of Works in the grade of Rs. 200-300 in the old BB and CI Railway on 28-4-1947 which subsequently became Western Railway. As he was appointed against a "war reserve vacancy" he was confirmed in the same year. On 1-4-1948 the petitioner was promoted to officiate in the post in the grade of Rs. 260-350 and subsequently from 1-10-1948 he was promoted to officiate in the grade of Rs. 360-500. This last promotion was in a fortuitous vacancy and not by selection. The petitioner was reverted to a substantive grade of Rs. 200-300 in the post of Inspector of Works with effect from 1-12-1949. On 17-5-1952 the petitioner was selected for promotion to the post of Assistant Engineer, Class II and his name was placed for short-term vacancies as per letter dated 17-5-1952 Ext. 4. The first grievance of the petitioner in paragraph 7 of the Writ petition is that two persons (not parties to this Writ petition) had scored lesser number of marks than the petitioner but they were placed above him. No relief has, however, been claimed on that account.