ATTAR SEN MITTAL Vs. HARBANSLAL M SHARMA

JUDGEMENT

(1.) This Letters Patent Appeal is filed against judgment and order dated December 24/29, 1980 in Special Civil Application No. 1293 of 1977.

(2.) That petition was filed by one Harbanslal Munshiram Sharma for appropriate writ, direction or order quashing and setting aside an order of promotion passed in favour of respondent Nos. 4 to 7 (Annexure E) collectively and for issuing appropriate order directing Union of India and Railway Administration to decide the case of the petitioner for promotion in accordance with law.

(3.) It was the case of the petitioner that he was appointed as Khalasi class IV employee in 1954. He was promoted to the post of Mechanic Gr. III, Mechanic Gr. II and Mechanic Gr. I. In 1969, he was promoted as officiating Chargeman Grd. II in the pay scale of Rs. 205-280. At the relevant time, he was working on the said post since more than seven years. The next promotional post was of Chargeman Gr. I. His case was that though he was eligible to be considered for the said post, he was not promoted and respondent Nos. 4 to 7 who were junior to him were promoted illegally and arbitrarily. The said action was clearly unlawful. It appears that initially there was only one petitioner but thereafter other 28 person filed an application to be joined as petitioners which was granted. Similarly persons who were likely to be affected by the orders passed by the court also made an application to be joinded as respondents which also allowed.