R N DHAWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal involves the question of seniority of the appellant R. N. Dhawan. Dhawan joined the erstwhile Bikaner Railway as a lower division clerk on December 27, 1951. In 1952 Bikaner Railway was integrated with the Northern Railway. Soon after integration the General Manager Northern Railway, gave option to the staff to join the headquarters office at Mew Delhi if they so wished. Dhawan exercised the option of joining the headquarters in 1952. But his request of transfer was not accepted.

(2.) . On July 27. 1956 his services were regularised retrospectively. that is to say, with effect from December 27, 1951. After regularisation he again made a request for transfer on March 20, 1957. He repeated this request on October 31, 1957. The General Manager on January 8, 1958 accepted the request of Dhawan for transfer in exercise of his powers under Rule 2011 of the Indian Railways Establishment Code Volume II. This rule which gives power to the General Manager to transfer is a statutory rule.

(3.) . Though the request for transfer was accepted the Divisional Superintendent of Bikaner Division wrote to the General Manager on January 23, 1958 that he could not spare Dhawan as he was short of staff. The result was that Dhawan was not relieved though the order of his transfer was in his hands.