JOKHAN PRASAD Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) We have heard the learned counsel for the applicant when the O. A. came up for admission. Through this 0. A. the applicant has sought the following two reliefs :

(2.) In short, the facts giving rise to the present 0. A. are as follows :

(3.) The applicant was removed from service by an order passed by the Town Engineer dated 19-11 -1 991. The applicant filed a suit in the court of Munsif, Gorakhpur. The suit was decreed. The Railway Administration preferred a first appeal and the Additional District Judge Gorakhpur allowed appeal No. 240/76. The applicant states that he filed a second appeal No. 353/79 in the High Court of Judicature Allahabad. The second appeal was allowed by a judgment and order dated 20-8-1981. The applicant pursuant to the said judgment and decree, was reinstated in service and was paid his salary and other allowances from the date of termination of his service upto 5-2-1982 and he was treated to be continuing in service from 17-5-1972 to 5-2-1982. The applicant alleges that he made a representation to the Town Engineer, Northern Railway, Gorakhpur on 13-11-1986 and thereafter followed by another representation on 29-1-1987, requesting him to provide employment to his son Rajesh Kumar. The claim for appointment of applicant's son is based on the provisions contained in Railway Board's circular letter dated 13-2-1974, 10-9-1975 and 16-7-1976, Annexures 6, 7 and 8 with Compilation II & III. The said circular inter alia, provided that 20% of the vacancies in the class III service in initial recruitment grades includiug apprentices categories should be filled by the General Managers through their own administrative arrangements. The Minister for Railways had made an announcement in Parliament for appointment against the 20% of the vacancies of wards of Loyal Railway Servants who did not participate in the All India strike by the Railway men. Initially the date for appointment against the said quota was fixed as upto 31-12 1975 and by subsequent circular was extended upto 30-9-1976.