UNION OF INDIA Vs. RAM LAL

JUDGEMENT

(1.) Union of India filed this Regular Second Appeal and it has been directed against the judgment and decree dated 25.9.1979, passed by the Court of Additional District Judge, Ambala, who, affirmed the judgment and decree dated 21.9.1978 passed by the Court of Sub-Judge 2nd Class, Ambala City, who decreed the suit of the plaintiff-respondent, Shri Ram Lal for declaration as prayed.

(2.) The brief facts of the case are that Shri Ram Lal son of Shri Mathura Dass, had filed a suit for declaration to the effect that the order dated Nov. 26, 1974, passed by D.P.O. Delhi Division, North Railway, reverting the plaintiff to the post of Material Checking Clerk from the post of Material Clerk, is against the statutory rules, principles of natural justice and as such is illegal, ultra vires, void and a nullity being without jurisdiction and against the statutory instructions and regulations issued by the Railway Board and the plaintiff is entitled to continue on the post of Material Clerk and also entitled to receive all emoluments. The plaintiff also sought a permanent injunction restraining the defendant from reverting him from the post of Material Clerk to the Post of Material Checking Clerk.

(3.) The case of the plaintiff in the trial Court was that he was appointed as Boiler Maker Cooly Khallasi, in the Loco Department of Indian Railways on 13.4.1952 in the scale of Rs. 30-1/2-35. He was confirmed as such with effect from 16.12.1955. He was promoted as Material Checking Clerk in the scale of Rs. 55-85 (CPC) 105 (AS) with effect from 26.6.1958. He was further promoted as Material Clerk in the grade of Rs. 110-180 (AS)/Rs. 260-400 with effect from 28.1.1969. He continued to work as such till he was reverted to the post of Material Checking Clerk vide impugned order No. 752-E/35 Part I.P. dated 26.11.1974. The plaintiff alleged that he could not be reverted without adopting procedure prescribed in Railway Servants (Discipline and Appeal) Rules. He further alleged that the impugned orders are ultra vires, void, non-speaking and have been passed without reasons. According to the plaintiff, as per Railway Board's Circular, he could not be reverted after putting in 18 months officiating service. The plaintiff before filing the suit, served a notice under Sec. 80 Civil Procedure Code.