N S NAGA Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant was confirmed as Travelling Ticket Examiner (TTE) , in the service of the Railways, on 1/4/1975. He was promoted on 23/3/1983 to the post of Head Ticket Collector (HTC) on ad hoc basis and was transferred to katni. The appellant, however, declined the promotion on the ground that his wife having expired recently it was not possible for him to go to Katni where he was asked to join on promotion. Thereafter, on 27/7/1983 he was selected for regular promotion to the post of HTC but he was not promoted on the ground that he had earlier declined promotion. Mr N. N. Goswami, learned counsel for the Railways, states that under the rules once an employee declines the promotion he cannot be considered for promotion for a period of one year. According to him, the appellant having declined promotion on 23/3/1983 he could not be promoted till March 1984,

(3.) This court on 7/10/1991 directed the respondent-Railways to produce the relevant rules. Till date the order has not been complied with. Even today the learned counsel for the Railways is not in a position to place the relevant rules, if any, before us. Be that as it may, it is pertinent to note that the refusal on the part of the appellant in March 1983 was in respect of ad hoc promotion. The said promotion was not as a result of regular selection. Because of the family circumstances, the appellant declined the ad hoc promotion in March 1983. Needless to say that the consequences for declining an ad hoc promotion which is purely temporary and the regular promotion which is based on selection cannot be the same. A government servant may decline ad hoc promotion because of his family circumstances but he may not like to take such a risk when the regular promotion is involved. In March 1983 when the appellant declined ad hoc promotion his wife had recently died but by July 1983 he might have sorted out his family circumstances which he had to face as a result of his wife's death. Even otherwise the rule, if any, referred to by the learned counsel for the Railways can only be made applicable in the case of regular promotions.