UNION OF INDIA Vs. LAXMILAL

JUDGEMENT

(1.) THIS is a second appeal by the defendants Union of India and the General Manager, Western Railway from the judgment and decree by the Additional District Judge, Udaipur dated 4 -10 -1968 whereby the learned Additional District Judge upheld the judgment and decree of the trial court dated 4 -6 -1965.

(2.) THE facts giving rise to this appeal may be stated as below. The plaintiff -respondent Laxmilal was appointed as a clerk Grade I in the Ex -Mewar State Railway in the pay scale 60 -130 and was confirmed on 3 -4 -1950. After integration of the erstwhile Mewar State Railway the plaintiff was transferred from the office of Assistant Traffic Superintendent Udaipur to the Railway Training School at Udaipur on 1 -6 -1953 and was promoted to officiate as Clerk Grade II with effect from 22 -2 -1954. He was confirmed in Grade II with effect from 1 -4 -1956. On 6 -8 -1957 he was promoted to officiate as Sub -Head Clerk in the Railway Training School at Udaipur as Clerk Grade III but was reverted to his substantive post as Clerk Grade II on 2 -11 -57 by an order dated 1 -11 -1957, on the ground that one Shri Prabhulal Barot was senior to the plaintiff. Aggrieved by the order of reversion dated 1 -11 -1957 the plaintiff made a representation before the Senior Deputy General Manager, Western Railway, Bombay, which was accepted and the plaintiff was posted as Officiating Sub -Head Clerk Grade III in the Establishment Section, Udaipur. On 17 -1 -1961 the plaintiff was again transferred from Railway Training School, Udaipur to Udaipur Himmatnagar Project. It was, however, found that there was no vacancy of Head Clerk Grade III at Himmatnagar Project and consequently the plaintiff was transferred back to the Railway Training School, Udaipur as Officiating Head Clerk Grade III However, the plaintiff received on 7 -2 -1961 an order from the Divisional Personn 1 Officer, Ajmer dated 6th February, 1961 whereby he was reverted to his substantive post -Clerk Grade II and posted as Leave Clerk in the Railway Trainining School, Udaipur. Inspite of the order of reversion the plaintiff continue as Officiating Head Clerk and Sub -Head Clerk in Grade III upto 23 -4 -1961 as the persons appointed in these posts had proceeded on leave. The plaintiff's contention is that the order of his reversion dated 6 -2 -1961, a copy of which has been placed on the record, and marked Ex. A. 15, is ultra -vires, void and illegal in as much as it amounted to reduction in rank and the reduction had been ordered without following the procedure prescribed under Article 311 of the Constitution. It was, therefore, prayed that the order of reversion dated 6 -2 -1961 (Ex. A. 15) be declared void and it may further be declared that the plaintiff is entitled to remain in the post of Officiating Head Clerk -Grade III and an injunction be issued against the defendants to provide the plaintiff the upper grade and to fix him up in such a way as if no order of reversion had been passed against him. He also claimed a decree for Rs.1400/ - as arrears of pay. The plaintiff's claim was opposed by the defendants.

(3.) DISSATISFIED with the judgment and decree of the trial court the defendants filed an appeal in the Court of District Judge, Udaipur which was transferred to the Court of Additional District Judge, Udaipur, who as already stated above confirmed the judgment and decree of the trial court and dismissed the appeal.