HARISINGH VARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition is by a Western Railway Servant. He is a member of the Scheduled Castes. He was appointed as a clerk on 2nd September, 1967. In 1972 he was promoted as a senior clerk, in 1978 as a head clerk and in 1980 as a chief clerk, in which position he was working when the petition was filed.

(2.) The 3rd respondent is, on the admission of the Western Railway authorities, junior to the petitioner and is so shown in the seniority list. The 3rd respondent has filed a suit in the City Civil Court at Bombay claiming a higher seniority. To this suit the petitioner is not a party. For the purposes of this petition the petitioner shall, on the basis of the seniority list, be considered senior to the 3rd respondent.

(3.) The 3rd respondent is also a member of the Scheduled Castes. On 31st October, 1981, the 3rd respondent was placed by the authorities on a select list for promotion to the post of Office Superintendent. This order stated that the petitioner had not been considered suitable for the promotion to the post of Office Superintendent. The petition challenges this order. The 3rd respondent was appointed an Office Superintendent pursuant to this order. Subsequent to the filing of the petition, the petitioner has also been promoted to the post of Office Superintendent. It is not in dispute that all the posts aforementioned are Class III posts.