BHAGWAN SINGH Vs. R S R T C

JUDGEMENT

(1.) HEARD.

(2.) PERUSED the averments made in the writ petition.

(3.) THE affidavit filed in support of averments made in the writ petition, does not inspire my confidence, as it has not been sworn in accordance with Rules of the Court, which provides that each paragraph is to be sworn either on personal knowledge or on basis of record or on legal advice or on information received. Under the Rules of the Court if a particular paragraph is sworn on the basis of record, then, in support of averment the documents on which it is based is required to be annexed to the writ petition. Similarly if a particular paragraph of an affidavit is alleged to be based on information, the source of information is to be disclosed. It is held that if an averment is made in the writ petition, which is based on record, then, the record itself is to be filed in support of such averments. I am of the view that the factum of asking of option from the petitioner by the Department to change his cadre from the post of Conductor to the post of Booking Clerk and exercise of option to this effect by the petitioner is to be established by filing the letter of department and reply in writing given by the petitioner exercising his option to change his cadre from the post of Conductor to the post of Booking Clerk. Delinking of lien from the post of Conductor cannot be proved either by filing seniority list of Booking Clerks or from averments made in the writ petition, which suits the petitioner today to undermine the order impugned dated 21. 10. 2000 Annexure-2 to the writ petition.