SHAM SUNDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following Judgment of the court was delivered bv

(2.) THE petitioner is employed on the Northern Railway as an enquiry and reservation clerk in the grade of Rs. 150-240. In January 1965 several posts of enquiry-cum reservation clerks were upgraded, 11 posts being raised to the grade of Rs. 370-475, 18 posts to the grade of Rs. 250-380 and 26 posts in the grade of Rs. 205-280. As a result of the up_grading the revised cadre of enquiry-cum- reservation clerks on the Northern Railway consisted of the following non-gazetted posts:- <FRM>JUDGEMENT_212_AIR(SC)_1969Html1.htm</FRM>

(3.) THE Railway Board received several complaints and representations regarding the constitution of the panel. By an order dated 16/09/1965 (annexure H) the Railway Board decided that the panel of 38 persons was irregularly drawn up and that there should be a panel of 24 persons only for promotion to the grade of Rs. 250-380 to cover 18 upgraded vacancies, 1 vacancy on account of retirement and 5 vacancies representing 25% for contingencies and the field of selection should be restricted to 24-4-96 and not 152 persons. Accordingly the panel already published should be operated only in respect of the first 24 persons and that the names of the remaining 14 persons should be deleted forthwith. THE Board directed that action should be taken to form a panel for filling up 1 1 upgraded posts in the grade of Rs. 370-475 and thereafter a further selection should be held for filling up the resultant vacancies in the grade of Rs. 250-380. By an order dated 3/11/1965 (annexure K) the General Manager, Northern Railway implemented the decision and directed that the panel formed on 7/07/1965 was to be operated upto the first 24 persons only and that the names of the remaining 14 persons including the petitioner should be treated as deleted from the panel. By another order dated 4/10/1966 (annexure N) the General Manager, Northern Railway decided to hold a selection for filling up the resultant vacancies in the grade of Rs. 250-380. Having regard to the number resultant vacancies, the petitioner is not eligible for being called for selection under Annx. `N`. In this writ petition the -petitioner alleges that the orders under Annexures H; K and N have violated his fundamental rights under Articles 14 and 16 of the Constitution, and he asks for the issue of appropriate writs restraining the respondents from enforcing those orders and directing them tomake promotions to posts in the grade of Rs. 2,50,380.00 in accordance with the panel published in the Gazette on 1/08/1965.