PRAN KRISHNA CHATTERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Pran Krishna Chatterjee, was born on December 19, 1909 and entered service under the Bengal Nagpur Railway Limited on April 7, 1930 as Clerk Grade II and was confirmed in that post on April 7, 1931. In October 1944, the said Bengal Nagpur Railway was taken over by the State, and at present is, designated as the South Eastern Railway. On April 5, 1956 the petitioner was promoted to the post of a Clerk Grade I in the said Railway Administration. The petitioner passed the Appendix IIA and IIIA Examinations held in December 1957 and on August 6, 1959 was promoted to the post of a Junior Inspector of Station Accounts (hereinafter referred to as T. I. A.). He was provisionally confirmed as a Senior T. I. A. in April 1965 and finally confirmed in that post on August 29, 1966.

(2.) By a notification in the South Eastern Railway Gazette No. 3 dated the 1st February 1967, a list of the employees of the said Railway due to retire during the calendar year 1967 was published and in serial No. 29 of that list the petitioner was shown as due to retire on the 19th December, 1967. Thereafter the petitioner made various representations to the Railway Board against the said notification contending that as he was a ministerial servant who had entered service before the 31st March, 1938, he was entitled to be retained in service till the day he attained the age of 60 years, that is, till the 19th December, 1969, The petitioner was finally informed by the Deputy Chief Accounts Officer of the said Railway by a memorandum dated the 9th November, 1967, that the petitioner's representations have been rejected as the Railway Board by its letter dated the 22nd September, 1969, has confirmed that the benefit of the amended Rule 2046 (2) (b) R-II is not admissible to the T, I. As. who do not come under the category of staff declared as ministerial for the purpose of the said Rule. The relevant extract from the aforesaid letter of the Railway Board was also annexed to the said letter. By a notification dated the 5th Dcccmber 1967, described as "Staff Office Order", the said Railway Administration declared that the petitioner would finally retire from Railway service with effect from the 19th December, 1967, on attaining the age of superannuation.

(3.) This Rule was obtained on the 13th December, 1967, requiring the respondents - the Union of India, the Railway Board and various officials of the South Eastern Railway - to show cause why the order or the notice compulsorily retiring the petitioner on and from the 19th December, 1967, should not be cancelled and/or recalled and for ancilliary reliefs. Along with the Rule an interim injunction was obtained which was vacated on the 2nd May, 1969.