MAHAVEER LAL KHARBANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed that the respondents, who are the Officers of the Union of India, incharge of the Northern Railway, particularly, the Personnel Department of it may be committed for contempt of this Court. It is necessary to ?tate the circumstances in which the petition was filed so that it may be properly understood.

(2.) The petitioner is a Draughtsman in the Northern Railway. He was selected and placed in the grade of Rs. 150-225 as per the Railway Board Letter No. 752-E/83/E-11 I dated I 1th August.1956 But the Railway Board issued another Circular No. E (NG)54/EM/113 dated 29th July, 1967 by which the selection made in the year 1956 was nullified and the draughtsman grade Rs. 150.00-225.00 in which the petitioner was placed, was classified as non-selection post. The petitioner challenged the action of the Railway Board in this Court by CW 372-D of 1964, in which he prayed that he be restored to the seniority position which he held before the reversion order which should be quashed. The petitioner has explicity pleaded in para 11 of the present petition that the above writ petition was compromised on 19th April. 1956 on the respondents conceding the petitioner's case. Therein, the learned counsel for the respondents made the following statement in Court :-

(3.) It was only because of the undertaking given by the counsel for the respondents that the counsel for the petitoner did not press the writ petition. But for that he would have pressed it and would have urged on the Court to issue an appropriate writ or direction to the respondent. If the under-taking given by the respondents would have been honoured, the petitioner would have derived the following benefits: (a) Assigning of higher Seniority position in the grade of Rs. 150-2-'5 (P.S.)/205-380-(A.S.) on the basil of the selection of August, 1956 for the post of D/men. (b) payment of arrears, arising out of the difference of my in scale of Rs.205.00/380.00 (AS) and Rs. 150-240(AS) for the period from 31st January, 1950 to 18th July, 1961. The petitioner remained under reversion from the grade Rs.205-380(AS) to Rs 150-240(AS), due to wrong interpretation of the Railway Board's letter aforesaid. (c) Review of the petitioner's position in the selection for the post of Head D/man ingrade Rs,335/485 (AS) held, vide No 347-E127 Elic. dated 23rd March, l061, which becomes necessary, due to his revised seniority position in grade Rs.205-380(AS). (d) Confirmation in grade Rs.205-380(AS)eonfir nation in grade Rs-335-485, Provided the petitioner is declared selected in grade Rs. 335-485, as a result of the review of selection, held, vide letter, dated 23rd March, 1961 aforesaid. (e) proforma fixation of pay in the scale Rs 205-380 in terms of Railway Board's letter No.E(NG)63MPI/62 dated 15/17-9-64 and 23.6.67. (f) Proforma fixation of pay in the scale of Rs.335-485(AS) also if the petitioner is selected as a result of the review of his selection in the grade Rs.335-485, held vide letter dated 23.3.61, aforesaid, in terms of Railway Board's letter, dated 15/17.9.64 and 23rd March, 1967 quoted above.