V. JANAKIRAMAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner, invoking Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order of the third respondent/Tribunal made in O.A. No. 58 of 2013, dated 06.01.2015 and quash the same and consequently, direct the respondents 1 and 2 to consider the claim of the petitioner for Group 'A' status (conferment of IRSE status on the petitioner) with effect from the date on which, his immediate junior was given the said benefit and also other consequential benefits both service and monetary.

(2.) The petitioner was initially appointed to Railway Service as an Inspector of Works Grade III on 22.05.1981. Based on his performance in the written examination as well as viva voce, the petitioner was promoted as an Assistant Executive Engineer (Group 'B' Gazetted) on 23.11.2000 and in the Gazetted cadre, he was further promoted to Senior Scale, as Executive Engineer from 26/27-10-2007 in which post, he continued till the date of filing the writ petition. The next avenue of promotion to the petitioner is that of Group 'A', for which Indian Railway Service of Engineers (in short ISRE) is to be conferred on an Officer by the Departmental Promotional Committee (DPC).

(3.) The petitioner further averred that the Ministry of Railways (Railway Board) has prescribed the "Procedure for promotion to administrative grades in Railway Services" vide letter No. 2002/SCC/3/1, dated 03.06.2002, as per which the Bench mark for promotion from Senior scale to Junior Administrative Grade (including Selection Grade) is 'Good' only. The petitioner's gradings given in his Annual Confidential Reports are above the 'Bench mark' prescribed by Railway Board.