IQBAL SINGH AND ANR. Vs. THE DIVISIONAL SUPERINTENDENT, NORTHERN RAILWAY, CHELMSFORD ROAD, NEW DELHI AND ORS.

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India challenges the vires of paras 2612 and 2614 of Indian Railway Establishment Manual (hereinafter called the Manual) being unconstitutional and ultra vires of Articles 14 and 16 of the Constitution and the action of respondents 1 to 3 including respondents 4 to 6 in the category of Goods Clerk and ranking them senior to the petitioners.

(2.) There are three grades for the post of goods Cleric in the Railway namely: <FRM>JUDGEMENT_24_LAWS(DLH)12_1972_1.html</FRM> Promotions from one grade to the other is made on the basis of seniority-cum-suitability. The next promotion from Grade III is to the post of Chief goods Clerk which is called Grade IV (Rs. 250 - 350).

(3.) Petitioner No I joined Railways on 17-8-1938 as Goods Clerk in Grade I and was promoted in grade II (150 - 240) with effect from 1-4-1956 and in the grade III (Rs. 205 - 280) with effect from 27-1-1967.