UMA KANT SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 6.6.2002 (Annexure-1 to the writ petition) passed by Central Administrative Tribunal (in short "the Tribunal"), and the order dated 20.12.1996 (Annexure-14 to the writ petition) passed by the Respondent No. 2. Further relief has been sought for directing the Respondents to give seniority to the Petitioner since 1979 treating him to be promoted to the post of Office Superintendent Grade-II, and thereafter to the post of Office Superintendent Grade-I, and for re-fixing the pay-scale and other service benefits admissible to the Petitioner according to law. Further relief has been sought by the Petitioner for fixation of pension/retiral benefits etc. according to the refixed pay-scale, and disburse the entire dues including Deamess Allowance, arrears of salary etc. with interest in favour of the Petitioner.

(2.) From a perusal of the record, it appears that the Petitioner was appointed in the Railways as a Junior Clerk with effect from 20.4.1948. The Petitioner was promoted to the rank of Senior Clerk with effect from 9.7.1958 and later as Head Clerk with effect from 10.11.1981. The Petitioner raised claim that he was promoted as Head Clerk in the vacancy created by promotion of one Jawahar Lal as Office Superintendent Grade-II with effect from 17.10.1981. The said Jawahar Lai, though promoted as Office Superintendent Grade-II with effect from 17.10.1981, was granted seniority in that Grade with effect from 1.1.1979, and in the circumstances, the Petitioner should be considered to have been promoted as Head Clerk with effect from 1.1.1979. The Respondents did not accept the claim of the Petitioner for grant of seniority with effect from 1.1.1979 as Head Clerk. He further raised grievance that in the years 1981 and 1982, there were examinations for selection as Office Superintendent Grade-II. In the year 1981, despite representations, the Petitioner was not allowed to appear in the Written Examination. As regards the 1982 Examination, in which the Petitioner appeared, no results were declared, nor was he appointed to the higher post. The Petitioner made representations dated 14.12.1981 and 9.6.1982, but the Respondents did not give any reply to the said representations. The Petitioner was given ad-hoc promotion to the grade of Office Superintendent-II with effect from 31.12.1985. The Petitioner retired in July, 1987, as per his Date of Birth, namely, 12.7.1929.

(3.) After more than seven years of his retirement, the Petitioner made yet another representation before the General Manager, Gorakhpur (Respondent No. 2). The said representation was rejected by the General Manager, Gorakhpur (Respondent No. 2) by the order dated 20.12.1996 (Annexure-14 to the writ petition).