MRINAL KANTI CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Indian Constitution for the quashment of the judgment dated 30th April, 2004 passed by the Central Administrative Tribunal, Circuit Bench, at Ranchi in O.A. No. 266 of 2002 with further quashment of office orders dated 27.11.2001 and 1.3.2002 by which the writ petitioner was reverted to substantive post of J.E. -II in the scale of Rs. 5,000 -8,000/ - and the respondents be directed to pay all retiral benefits to the petitioner by treating him as Chief Estimator in the scale of Rs. 6500 -10500/ - till the date of his superannuation on 31.5.2002.

(2.) THE brief fact of the case of the writ petitioner was that he was initially appointed on 31.8.1963 under the respondents and was placed in the Construction Department under the South Eastern Railway. For his work and worth he was promoted from time to time and on February, 1978 he was promoted to the post of Head Estimator (Ad hoc) and after 9 years in the month of October, 1987 he was promoted to the post of senior Estimator in the scale of Rs. 6500 -10500/ - by C.P.O., G.R.C. and accordingly he Joined the post. The contents of the writ petition further bear the fact that the petitioner was impanelled by C.P.O./G.R.C. vide letter dated 1.1.1986 for post of senior Estimator though on ad hoc basis. Again by the letter dated 12.8.1998 his lien was fixed in Bilaspur Division as senior Estimator, but subsequently a number of selections were held for the post of Head Estimator, J.E. -I and Chief Estimator from time to time but he was neither called for any selection either for Head Estimator or for the post of Chief Estimator, though he was eligible and qualified for the same post. Yet he was promoted to the post of Head Estimator on ad hoc basis and was paid the regular salary meant for such post since February, 1978. In that manner consequent upon his promotions he was paid to the regular scales meant for the promotional post and was allowed to work independently with all consequential benefits. But to utter dismay, his juniors viz. Sri S.K. Sinha, Sri Ram Lal Jalheria, Sri I.P. Patel, Sri R.K. Pathak and Sri Chaudhary were promoted on the regular post in the open line in superssession of his rights and claims on the post of Head Estimator and Senior Estimator when it was due to him. The petitioners made several representations including on 16.9.1991 before the Senior D.P.O. (Engg.) S.E. Railway, Bilaspur for his selection on the regular basis but of no avail. It was further stated that the petitioner and one Sri K. Gangaraju were denied the opportunity to be promoted as Chief Estimator on the regular basis. He was never called for suitability test which highly prejudiced him and the other selected for promotion were juniors to him except at SI. No. 1 but during the pendency of his representation for consideration to the post of Chief Estimator, he was reverted to the post of Head Estimator in the scale of Rs. 5500 -9500/ - from the post of Chief Estimator in the scale of Rs. 6500 -10500/ -and he was repatriated to B.S.P. Division, relieved on 9.2.2002 and ultimately joined the post at Bilaspur. Immediately after his joining, he was again reverted to the post of senior Estimator in the scale of Rs. 5000 -8000/ -. Being aggrieved, the petitioner filed an appeal before the Senior Divisional Personnel Officer on 6.12.2001 stating that he was deprived of the selections and due promotions in open line organization whereas his juniors were regularly promoted upto the post of Chief Estimator in much higher scale. The petitioner then moved before the Central Administrative Tribunal, Patna at Circuit Bench, Ranchi for the quashment of the reversion order.

(3.) MRS . Pal, the learned Counsel for the writ petitioner, advancing her argument, submitted that the Senior Divisional Personnel Officer, Bilaspur by his letter dated 1.1.1997 called upon three officiating Head Estimators to appear for their suitability test for the post of Head Estimator in the higher scale but the petitioner though senior to all the three was denied such opportunity for his regular promotion and Shri R.L. Jalaria, Shri Charan Singh and Shri R.K. Pathak though were juniors to him, were promoted on the regular post of Head Estimator, Senior Estimator and again on Chief Estimator in succession.