620 W /70 dated April 23, 1974.
15 of the Letters Patent against the judgment of the learned Single Judge.
A During the pendency of that rule, respondents Nos.
such date as he was eligible for such promotion according to the seniority so fixed.
1565A Civil Rule No.
In 1967, the seniority list of the Clerks in the Sealdah Division was prepared by the South Eastern Railway and in that list the appellant was placed below the temporary staff.
The learned Single Judge accordingly set aside the impugned order of the Chief Personnel Officer, South Eastern Railway dated October 7, 1974 and ordered that the Railway Administration should re fix his seniority below all permanent and officiating Clerks on the date of his transfer in the Sealdah Division of the South Eastern Railway but above the temporary Clerks in that Division.
Immediately upon his being placed below the temporary staff, the appellant made two representations, one dated March 4, 1967 and the other dated April 11, 1967, in the matter companyplaining that he companyld number be placed below the temporary staff, but without any avail.
On the same day, the High Court issued a rule nisi and also directed that the South Eastern Railway would be at liberty to companyfirm respondents number.
From the Judgment and order dated 11.2.1980 of the High Court of Calcutta in Appeal from Original order No.
226 of the Constitution for the issue of an appropriate writ, direction or order in the matter of his inter se seniority, and the High Court issued a rule nisi.
The General Manager, South Eastern Railway preferred an appeal under cl.
7 to 45 in their post of promotion but such companyfirmation would be subject to the result of the rule.
On August 10, 1976, the appellant filed another petition under Art.
7 to 45 arrayed in that petition whom the appellant companysidered to be junior to him were promoted to a higher post.
The above promotion orders arc issued on provisional basis subject to result of the rule obtained by Sri Arun Kumar Chatterjee, Clerk CCS Refunds Office, in the Honble High Court at Calcutta.
226 of the Constitution challenging their promotion.
A learned Single Judge by his judgment and order dated February 9, 1979 following the decision of Anil Kumar Sen, J. in Lal Mohan Paul v The General Manager.
On October 15, 1958, he was transferred from the North Eastern Railway, at his own request, to the South Eastern Railway and was posted at the Sealdah Division on his existing pay and scale against an existing vacancy.
In view of the interim order passed by the High Court, the Chief Personnel Officer by his letter dated October 10, 1976 clarified.
He further directed that the appellant would be entitled to promotion w.e.f.
588 594179.
CIVIL APPELLATE JURISDICTION Civil appeal No.387 N of 1981 .
The Chief Personnel Officer by his companymunication dated October 19, 1974, informed the appellant that his representation was rejected On April 30, 1975, the appellant moved the Calcutta High Court under Art.
Gobind Das and R.P. Singh for the Appellant.
A Division Bench of the High Court by its judgment dated February 11, 1980 while upholding the view expressed by the learned Single Judge as to the companystruction and effect of r. 312 of the Manual, held that the Circular No.
The Judgment of the Court was delivered by SEN, J. This appeal by special leave raises a question as to whether the appellant upon his transfer from the North Eastern Railway, at his own request, to the South Eastern Railway was entitled under r. 312 of the Railway Establishment Manual, to be placed in the seniority list below the existing companyfirmed and officiating staff in the relevant grade and number below the temporary staff.
1565A dated January 31, 1950 and number by its subsequent circular dated December 31, 1966,.
P. Sharma, R.C. Gubrel and R.K. Sharma for the Respondents.
Put very shortly, the essential facts are these.
dated January 31, 1950 governed by the inter se seniority of the appellant.
The appellant was holding the substantive post of a Clerk in the Commercial Department of the North Eastern Railway w.e.f.
May 22, 1956 and had applied for his transfer to the South Eastern Railway in the same post.
Finding that there was numberredressal of the wrong done to him, the appellant sent a reminder to the Chief Personnel Officer by name dated December 21, 1973.
