WASUDEO LAXMAN NANDANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this petition seeks a writ for quashing and setting aside the letter of the Divisional Personnel Officer dated 23rd February 1971 Annexure-B and further seeks a direction that the respondents Nos. 1 and 2 i. e. the Union of India and the Divisional Superintendent. South Eastern Railway. Nagpur, shall post the petitioner as a Section Controller Grade II on the pay scale of Rs. 250-380. The petitioner prays further that the order dated 23rd February 1971 issued in favour of the respondent No. 3 H. B.Singh appointing 'him Section Controller, Grade II and incorporated in Annexure-B to the petition be quashed and set aside.

(2.) The petitioner contends that he belongs to the Halba Community and was initially appointed on the 18th of August 1960 as a probationer Assistant Station Master in the South Eastern Railway. This appointment was made after he was selected by the Railway Service Commission. He was then promoted as Assistant Station Master, E-Grade with effect from 12th April 1961 and was confirmed as Assistant Station Master with effect from 15th August 1962. It is the case of the petitioner that at the time of his initial appointment in the year 1960 he had stated that he belonged to the Halba caste and hailed from Nagpur District and on that basis he was offered the appointment and was treated as a reserved quota candidate of Scheduled Tribes.

(3.) The Government of India has framed rules regarding the services in the Railways and Chapter III Section B incorporated in the Indian Railway Establishment Manual gives rules governing the promotion of subordinate staff. A railway servant can be promoted to fill any post, whether a selection post or a non-selection post, only if he is considered fit to perform the duties attached to the post, for which specified departmental or other tests may be prescribed as condition precedent. For the purposes of selection. Selection Boards are constituted for making recommendations to the competent authority in respect of the railway servants considered by it as suitable for filling a selection post.