K C DIVAKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus, calling for the records relating to the order of the fourth respondent in O.A.No,69 of 2005 dated 01.12.2005 and the order of the third respondent vide No.AAD/TR3/VOL XII dated 22.12.2004 and quash the same and allow the OA by directing the respondents to place the petitioner in the grade of Junior Accounts Assistant in scale of Rs.1200-2040 (revised scale Rs.4500-7000) with effect from 01.12.1996 with all consequential benefits, including advancement of the date of promotions to the next higher grade of Accounts Assistant in scale of Rs.5500-9000 based on bottom seniority in the grade of Junior Accounts Assistant with effect from 01.02.1996.) The petitioner is a Maths Graduate. He entered into Railway service on 06.09.1990 as Clerk Grade II in Rs.950-1500 scale through Railway Recruitment Board. He was appointed in the Mechanical Department (non Accounts Department) of the Integral Coach Factory (ICF), Chennai.

(2.) LATER, the petitioner was promoted as Clerk Grade I (CG-I) in Rs.1200-2040 scale of pay by an order dated 29.07.1994.

(3.) WHILE so, he made a representation dated 16.01.1998 requesting the third respondent to post him as Junior Accounts Assistant which is the equivalent grade to that of Clerk Grade - I carrying the scale of pay of Rs.1200-2040, citing some instances wherein the same grade was given on transfer to the new Department.