SUDAMA PRASHAD Vs. DIVISIONAL SUPDT W RLY

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution filed by one Sudama prashad, who was officiating as Chief Clerk in the scale at Rs. 335-425 in the western Railway at the relevant time, against an order of his reversion to the lower rank passed by the General Manager, Western Railway on 6-4-64 (Ex. 5 on the record), and the consequent order passed by the Divisional Superintendent, kota, (Ex-9 on the record ).

(2.) THERE is no dispute on facts and they are briefly set out as follows:

(3.) THE petitioner entered the Railway service in the Traffic Department as a clerk sometime in the year 1937, and after various promotions, with which we are not concerned, he came to be appointed as a Head Clerk, Commercial Branch, in the grade of Rs. 210-380 with effect from 1-8-56. and was posted In the office of the divisional Superintendent, Western Railway, Kota. The Railway authorities had drawn up a panel of suitable persons in the cadre to which the petitioner belonged for consideration of further promotion to the cadre of Chief Clerk grade II in the scale of Rs. 335-425, on the basis of a departmental examination. In the panel so drawn up, the petitioner was assigned position at No. 1, on the basis of merit and shankar Lal respondent No. 3, who was also holding a position equivalent to that of the petitioner was placed at No. 2. There are several branchs in the Railway, such as Mechanical Branch, Operating branch etc. , but it appears that the posts of Chief Clerks working in several branches constitute one cadre and are transferable. Sometime in September, 1962, the post of Chief Clerk in the Mechanical Branch fell temporarily vacant on account of its incumbent Mehnga Ram getting an officiating chance as Office superintendent which was a post higher than that of a Chief Clerk, Sudama prashad, who was on the improved paned, was posed as Chief Clerk against that vacancy. Similarly, Shankar Lal, who was also a Head Clark in the scale of Rs. 210-380 in the Operating Branch, was promoted to officiate as Chief Clerk in the operating Branch in the Grade of Rs. 335-425, as a vacancy became available on account of the upgrading of a post there. These officiating arrangements were ordered by a common order Ex-2 (dated 15-9-62) on the record. About 11 months thereafter, as Mehngaram reverted to the post of Chief Clerk, mechanical Branch the petitioner had to be assigned some other post, but as he was senior to Shankar Lal respondent No. 3, he was transferred as Chief Clerk, operating Branch, and Shankerlal was reverted to his substantive post of Head clerk and posted to the Commercial Branch in the office of the Divisional superintendent, Kota, vide orders of the Divisional Superintendent dated 30-8-63 (Ex-4 on the record ). Upto this stage there was no trouble. On 6-11-63, respondent No. 3 Shanker Lal obtained a certificate from Additional District Magistrate, Kanpur, to the effect that he belonged to the 'khateek' community which was recognised as a scheduled caste and armed with that certificate he made a representation to the authorities that as being the member of a scheduled caste, he was entitled to be appointed against the post of Chief Clerk in preference to the petitioner who was not a member of the scheduled caste, according to the roster for reservation for scheduled castes. The Railway authorities considered the matter and eventually the General Manager issued the order Ex-5, directing the Divisional superintendent to revert the petitioner to the post of Head Clerk and appoint respondent No. 3 Shanker Lal in his place. The Divisional Superintendent in his turn passed an order on 4-5-64 giving effect to the direction of the General manager. The petitioner made representations against the order of his reversion, but getting no relief he has filed the present petition.