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1964 Supreme(Raj) 225

DAVE, KAN SINGH
Sudama Prashad – Appellant
Versus
Div. Superintendent, W. Rly. Kota – Respondent


Advocates Appeared:
C.M. Lodha, for Petitioner; M.D. Bhargava, for Respondents No. 1 and 2; Sobhagmal, for Respondent No. 3

KAN SINGH, J.—This is a writ petition under Art. 226 of the Constitution filed by one Sudama Prashad, who was officiating as Chief Clerk in the scale of Rs. 335-425 in the Western Railway at the relevant time, against an order of his reversion to the lower rank passed by the General Manager, Western Railway on 6.4.64 (Ex. 5 on the record), and the consequent order passed by the Divisional Superintendent, Kota, (Ex. 9 on the record).

2. There is no dispute on facts and they are briefly set out as follows :–

The petitioner entered the Railway service in the Traffic Department as a clerk sometime in the year 1937, and after various promotions with which we are not concerned, he came to be appointed as a Head Clerk, Commercial Branch, in the grade of Rs. 210-380 with effect from 1.8.56, and was posted in the office of the Divisional Superintendent, Western Railway, Kota. The Railway authorities had drawn up a panel of suitable persons in the cadre to which the petitioner belonged for consideration of further promotion to the cadre of Chief Clerk grade II in the scale of Rs. 335-425, on the basis of a departmental examination. In the panel so drawn up, the petitioner was assigned position


























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