SHEKHAR GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant was appointed as Khalasi at Kota Railway Station of Western Railway Administration in the year 1981. On 8th February, 1985, he was promoted as a Junior Clerk. A test was conducted by Chief Works Manager (Wagon Repair Shop) of Western Railway, Kota. He qualified in the same test. The Western Railways Administration started one Railway Electrification Project and he was transferred thereto in September 1985. While working there as a Junior Clerk, he was promoted as a Senior Clerk on 24.4.1987 on an ad hoc basis. On completion of the project, he was repatriated to his original office. Although he was posted in the office of the Kota Railway Station of Western Railway Administration, he was kept in the said workshop. A request for change of his name was agreed to by the competent authority, namely, the second Respondent herein and his request for absorption on the said post was also accepted.

(3.) A complaint against him by four employees working in the Divisional Office of Kota was made on 4.5.1994 that he was not entitled thereto alleging that the promotion granted to him was not a regular one. Relying on or on the basis of the said complaint, a show cause notice was issued on 10.4.1995 to him which is in the following terms:-