KANTILAL KARSANBHAI PARMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The second appeal is admitted on the following substantial question of law:-

(2.) The appellant was a Senior Clerk in the Railway Hospital of Western Railway at Rajkot and was confirmed in the scale of Rs.110-180(a) w.e.f. 4.4.1963 in the Works Group vide Memorandum dated 28.9.1964. As per the circular in force at the relevant time, he was eligible for further promotion in the same group. By subsequent circular, the Railway Administration ignored the circular adversely affecting the seniority of the appellant and even though, the appellant was successful in the suitability test, his chance of promotion had become remote, as in the year 1968, the Divisional Superintendent of Rajkot had transferred the lien of 11 clerks. The appellant made representations dated 28.12.1968 and 1.4.1969. Thereafter, again representation was made to the Railway Board, but it was not forwarded and the appellant was informed that no further request would be entertained. Therefore, the appellant filed a suit for declaration that memorandum issued by the Divisional Officer, Western Railway dated 16.12.1968 transferring the lien of 11 persons and the promotion given to one Mr. HT Raval who was one of them from 24.2.1969 in the grade of Rs.130-300 was void, inoperative and for a declaration that the appellant was entitled for promotion in the group of Rs.130-300 and for a direction to the Railway authority to promote him in the grade of Rs.130-300 w.e.f. 24.2.1969 with all incidental benefits.

(3.) The suit was resisted by the railway authority by filing written statement at Exh-26. The railway authority took various contentions including the contention of limitation contending that suit was beyond the period of limitation, as the cause of action was not a continuous cause of action.