C A RAJENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this case the petitioner, C. A. Rajendran has obtained rule from this Court calling upon the respondents to show cause why a writ in the nature of mandamus under Art. 32 of the Constitution should not be issued for quashing the Office Memorandum dated November 8,1963 which is annexure 'C' to the Writ Petition, and for directing respondent No. 1 to restore the orders passed by it in Office Memorandum No. 2/11/55-RPS dated May 7, 1955 and No. 5/4/55-SCT (1) dated January 4, 1957. Cause has been shown-by the Attorney-General on behalf of the respondents to whom notice of the rule was ordered to be given.

(2.) The petitioner is a permanent Assistant in Grade IV (Class III, non-gazetted-ministerial) of the Railway Board Secretariat Service. He was initially appointed as Accounts Clerk on February 6, 1953 in Southern Railway. He was appointed as an Assistant on October 22, 1956 in the Railway Board and confirmed as Assistant on April 1, 1960. The pay-scale of the Assistant's grade is Rs. 210-530. The next post to which the petitioner claims promotion is that of the Section Officer in the same service. The post of Section Officer is classified as Class II, Grade III, Gazetted and it carries a pay-scale of Rs. 350-900. The Railway Board Secretariat Service (Reorganisation and Re-enforcement) Scheme was drawn up in consultation with the Ministry of Home Affairs and introduced with effect from December 1, 1954 with the approval of the Union Public Service Commission. According to the new Scheme the Railway Board Secretariat Service consists of the following grades :

(3.) In 1955 the Government issued Office Memorandum dated May 7, 1955 (Annexure 'E' to the Writ Petition) whereby it reaffirmed its decision that there will be no reservation for Scheduled Castes and Scheduled Tribes in posts filled by promotion, but that certain concessions were to be given to Scheduled Castes and Scheduled Tribes in the matter of promotion. The concessions were as follows :