UGAM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has submitted an application for amendment of the writ petition under Order VI, Rule 17 of the Code of Civil Procedure. The application is allowed.

(2.) LEARNED Counsel for the petitioner and respondent No. 4 were heard on the basis of the allegations made in the writ petition as amended.

(3.) A show cause notice was issued to the respondents and they have stated in response there to that the respondent No. 4 was employed initially in the erstwhile Grain Shop Department of the Northern Railway with; effect from November 14, 1944 and then he was promoted as a clerk in the said Grain Shop Department from May 1, 1945 Subsequently the respondent No. 4 was absorbed in the Personnel Branch on the abolition of the former Grain Shop Department and was thereafter confirmed as a senior clerk in the Personnel Branch with effect from December 9, 1968. The earlier seniority list which was issued on May 18, 1970 showed the petitioner as senior on the ground that the petitioner was confirmed as a senior clerk with effect from November 6, 1963, while the respondent No. 4 was confirmed on that post with effect from December 9, 1968 although the petitioner was recruited as a clerk on June 24, 1946 while the respondent No. 4 was appointed as a clerk with effect from May 1, 1945.