MADAN LAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment dated the 23rd March, 1979 of a learned Single Judge of this Court dismissing the writ petition filed by the appellant under Articles 226 and 227 of the Constitution.

(2.) By a circular dated the 16th Nov., 1967 the Works Manager, Northern Railway, Jodhpur, invited applications from skilled carpenters who were interested in the fitting work of skilled fitters and were desirous to have their designations changed from skilled carpenters to that of skilled fitters. In the circular, it was mentioned that the applicants will be trade tested for skilled fitter (carriage and wagon trade) before their changes were effected. It was further stipulated that the request once exercised and accepted by the administration was to be final and that they would have their avenue of promotion in Fitters (C&W) Trade. In response to this, the petitioner who was a skilled carpenter and was working in the carpenter shop submitted his application, passed the required trade test and was designated as skilled fitter (C&W) by the order dated the 7th Feb., 1968. By a subsequent order dated Oct. 28, 1972 the petitioner was provisionally confirmed in the trade of Fitter (C and W) with effect from Oct. 1, 1972. On representations made by the staff of carriage and wagon fitter trade through the union, however, the petitioner and 14 others, who were designated as fitters (C and W) were re-designated as carpenters by the order dated July 10, 1973, and were reassigned their original seniority in the carpenters trade from the date of their entry in the skilled grade. Aggrieved by this order, the petitioner filed the present writ petition in this Court for quashing the order dated July 10, 1973 and for a direction that he be promoted to the post of H.S. Gr. II in the carpenters grade. The petitioner also sought a relief for quashing the promotions given to respondents No. 3 to 11.

(3.) In the reply to the writ petition, the respondents submitted that the transfer of the petitioner from carpenter trade to fitter (C&W) trade was on a provisional basis and that after the petitioner and other skilled carpenters were designated as fitters the employees of the fitter trade represented through the unions that on account of the transfer of the carpenters as fitters (C and W) their future advancement was blocked. Taking into consideration the demand of the unions, it was, therefore, decided that the carpenters, designated as fitters should again be re-designated as carpenters in their original trade. The order dated July 10, 1973 was passed to give effect to this decision.