Appellant, an Assistant in the employment of the Western Railway, filed a suit asking appointment in one of the 24 upgraded posts of number gazetted cadre Clerks sanctioned in March 1957 with effect from April 1, 1956.
The Railway Administration took the stand that plaintiff had number 15 passed the requisite test by the relevant date and before de reservation of the four posts the office was reorganised and the divisionalisation was adopted.
He was, however, number given one of those upgraded posts as four out of the 24 upgraded posts were reserved for Scheduled Castes and Scheduled Tribe employees.
3440 of 1982 The trial Court as also the Additional District Judge in appeal and the High Court in Second Appeal have negatived relief to the plaintiff.
Judgment dated August 2, 1983 in Civil Appeal No.
The requisites to be satisfied for enjoying the advantage were that the employee should be a graduate on the date of the order, viz.,
November 12, 1957, and should be entitled to be companysidered on the basis of seniority.
The plaintiff was placed in the 21st position according to seniority and was already a graduate by the relevant date.
5903 of 1983 Arising out of SLP Civil, No.
The plaintiff, therefore, had numberright to the post.
Ultimately when employees of the reserved category were number available the posts were dereserved.
Special Leave is granted.
Yet plaintiff was number given one of those posts.
