VENKATANARAYANA Vs. G M S C RAILWAY

JUDGEMENT

(1.) The Court made the following Order : M. Venkatanarayana was a Grade-II-Permanent Way Inspector in Railways. He was empanelled on November 12, 1980 to Grade-I post and was appointed by orders, one on March 24,1981 (Headquarters order); the other, a sequel order, on March 31, 1981 (Divisional order). In the impugned order on August 10, 1983, on the ground of unsuitability he was reverted to original poit in Grade-II. That order of revision is challenged in the writ petition.

(2.) The learned Counsel for the Writ Petitioner argued, at the forefront, the order is bad, because in the post of Grade-I after empanelment after November 12, 1980, Venkatanarayana was appointed in substantive capacity. There is hardly anything on record to suggest that he was holding the post on permanent basis. The divisional order recites the appointment, "on officiating basis," in that reference is made to the headquarters order, therefore this claim is rejected.

(3.) The learned Counsel, next referred to the Railway Board's letter dt. April 28, 1982 where, if a person is found to have officiated beyond 18 months, he should not be reverted for unsatisfactory work without following the procedure prescribed in the Disciplinary and Appeal Rules. Placing reliance on this letter of the Board, it is argued 18 months period expired on August 10, 1983 and, for that reason the impugned order is barred under the Board's order.