RANGACHARI Vs. GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS

JUDGEMENT

(1.) THE petitioner holds the post which he described as that of a Law Assistant and the correct designation of which would appear to be court inspector, included in class III of the Railway service. From what has been stated in paragraph 3 of the counter affidavit filed by the department, it would be seen that there were four grades of court inspectors, all of them included in class III: (1) Court Inspectors on Rs. 200 -300; (2) Court Inspectors on Rs. 260 -350; (3) Chief Court Inspectors on Rs. 300 -400; and (4) Chief Court Inspectors on Rs. 360 -500. Candidates are recruited to the last of these grades, that is, on Rs. 200 -300 partly directly and partly by selection, which apparently means selection from other categories of the railway service.

(2.) THE petitioner was recruited to a post in the grade of Rs. 200 -300, and he was eventually confirmed in that post on 21 -11 -1956. He was promoted to the next higher grade on Rs. 260 -Rs. 350 between 23 -5 -1958 and 22 -8 -1958, and again between 8 -12 -1958 and 31 -12 -1958. Apparently these promotions were what is known as ad hoc or provisional promotions, that is, the promotion was on a temporary basis. So was the promotion on the next occasion, 8 -4 -1959. The petitioner was eventually selected for promotion by the duly constituted selection committee which met on 16 -6 -1959, and the promotion of the petitioner was 'regularised' by an order issued on 30 -6 -1959. The petitioner continued lo officiate in the grade Rs. 250 (260?) -350 without any break, but his status after the selection was that of a probationer in that grade.

(3.) IT should be remembered that the Service Rules applicable to the Railway Service are included in the Railway Establishment Code. Jt was not made clear to me whether the directions given by the Board, which, the General Manager directed should be implemented, have been incorporated in the statutory rules themselves.