BIDHU BHUSAN ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE plaintiff's suit having been dismissed, he has preferred this appeal.

(2.) THE relief prayed for in the suit is that the order, dated 17 October 1960, reverting the appellant from the post of station master at Mohuda in the scale of Rs. 200 to Rs. 300 (revised scale of Rs. 250 to Rs. 380) be declared to be illegal and unconstitutional being violative of the provisions of Art. 311 () of the Constitution of India. On 24 January 1929, the plaintiff-appellant was appointed as a signaller under the Bengal Nagpur Railway and since then he is in the service of the railway administration. He was promoted to the rank of assistant station master in June 1932 and thereafter was promoted to the rank of station master in January 1950, in the grade and scale of Rs. 1oo to Rs. 185. Subsequently, on 31 March 1960, the plaintiff was selected for promotion to. the rank of station master in the grade of Rs. 200 to Rs. 300 (revised scale of Rs. 250 to Rs. 380) and posted as such and he assumed charge on 14 June 1960, as station master at Mohuda station. By the impugned order, dated 17 October 1960, (exhibit 3/c; exhibit A/26), he Was reverted to the substantive grade of station master in the scale of Rs. 100 to Rs. 185 and ordered to join at Manikui station.

(3.) THE case of the appellant is that he was promoted to the higher rank and grade of station master at Mohuda on a substantive permanent basis. The case of the defendant-respondent is that he merely promoted to hold an officiating post and as such the reversion to his substantive grade of station master in the scale of Rs. 100 to Rs 185 does not attract the provisions of Art. 311 (8) of the Constitution as this was neither by way of any punishment nor was any stigma cast on the appellant