RAMDULAL BANERJI Vs. GENERAL MANAGER EASTERN RAILWAY

JUDGEMENT

(1.) A very short point has arisen in this case but it does appear that the point ia of great importance to a particular class of employees of the Eastern Railway. The position is as follows:

(2.) The petitioner is a railway servant employed as a commercial clerk, more particularly, an Assistant Goods Clerk, at the Howrah Goods Office of the Eastern Railway in the salary grade of Rs. 60/-......Rs. 150/-. This post 15 a "non-selection post". In other words, there appears to bo two kinds of posts amongst the railway subordinate staff, namely, 'selection posts' and 'non-selection posts. It" appears that all posts below Rs. 200/-...... .Rs. 300/- are now treated as non-selection posts. The entire problem in this case is as to how incumbents in non-selection posts are to be promoted. The matter is primarily governed by the provisions of the Indian Railway Establishment Code, and the Rule applicable in to be found in Appendix 'II-A set out at page 211 of the Indian Railway Establishment Code, Vol. I (1951). The relevant provisions are as follows:

(3.) As against non-selection posts, selection posts are by Rule 6 of Appendix II-A, filled in accordance with merit.