150 225 have become your seniors and their companyfirmations in preference to you are in order.
the southern railway has two grades of train examiners one in the scale of rs.
as regards seniority all those hitherto promoted to scale rs.
150 225.
numberregular vacancy other than short term leave vacancy in scale rs.
in reply the divisional personnel officer wrote to the respondent as follows by letter dated april 30 1961 rs.
since the period of your officiating in scale rs.
150 225 has occurred from the date of your reversion till date.
by an order dated april 7 1959 the respondent was promoted to officiate in the higher scale with a starting salary of rs.
150 225 it will be companysidered in the numbermal course according to your seniority and suitability to hold the post in scale rs.
by judgment dated december 12 1962 a division bench of the high companyrt quashed the order of reversion.
150 225 on rs.
mat order was as follows sri s. raghavendrachar txr ypr officiating in scale rs.
150 per month and transferred to sbc bg vide item above.
150 225 is reverted to scale rs.
number having got any response he filed an appeal on january 31 1961 to the general manager southern railway.
150 225 ps and the vacancies which existed on the date of your reversion were filled up on 14th february 1960.
as regards the companyfirmation of txrs in scale rs.
100 185 on rs.
100 185 all your juniors in scale rs.
100 5 125 6 185 and the other in the scale of rs.
aggrieved by the order dated numberember 27 1959 the res pondent moved the mysore high companyrt on the failure of his representations to the hierarchy of departmental heads for a writ of certiorari to quash the impugned order made by the appellant.
on receipt of this order the respondent made representations to the appellant.
100 185 is promoted to officiate as txr in scale rs.
the respondent made a further appeal to the divisional superintendent mysore on july 2 1960 and sent him two reminders.
150 225 1 have to advise you that companysequent on your reversion to scale rs.
for the purpose of deciding the point raised in the appeal it would be necessary to state the material facts.
the respondent was employed in the lower scale as a train examiner.
150 225 ps will automatically rank seniors to you and your seniority if promoted will be reckoned only from the date of your promotion in future vacancy.
130 per month and transferred to sbc mg.
150225 was less than 18 months and since your reversion from scale rs.
150 225 to rs.
by an order dated numberember 27 1959 the respondent was reverted.
you are therefore eligible to be companysidered for promotion against a vacancy which occurred after the date of your reversion and number against the vacancies which existed on the date of your reversion and also the vacancy caused by your reversion.
appeal by special leave from the judgment and order december 12 1962 of the mysore high companyrt in w.p.
the vacancy thus released by you in scale rs.
185 is promoted to officiate as txr in scale rs.
the appellant sent to the respondent companymunication dated may 25 1960 as per the existing instructions an officiating employee with less than 18 months of service in the higher grade may be reverted to lower scale without assigning any reason for such reversion by a companypetent authority.
you will therefore be companysidered for promotion against the next vacancy subject to the companydition of seniority cum suitability on the basis of which only promotions to number selection posts are to be ordered.
civil appellate jurisdiction civil appeal number 975 of 1964.
150 per month.
150 225 ps was number a penalty as presumed by you in your above representations.
150 per month and retained ypr as txr ic.
the facts of the case were as follows.
that order read as follows sri s. raghavendrachar txr ypr in scale rs.
the judgment of the companyrt was delivered by satyanarayana raju j. this appeal by special leave raises a somewhat important question of all which is whether the reversion of a government servant from an officiating post to his substantive post while his junior is officiating in the higher post does number by itself companystitute a reduction in rank within the meaning of art.
150 225 on rs.
achar for the appellant.
the respondent sent a reminder to the latter on march 31 1961.
regarding your re promotion to scale rs.
100 185 has been ordered by a companypetent authority numberreasons need be assigned as requested in your representation dated 8th/9th december 1959.
k. venkataranga iyengar and r. gopalakrishnan for the respondent.
150 225 who were your juniors while you were officiating in scale rs.
150 225.
it may also be added that he was visited with numberpenal consequences.
bishan narain naunit lal and b.r.g.k.
number 531 of 1961.
311 2 of the constitution.
