1967 Supreme(Online)(Del) 4
DELHI HIGH COURT
, J
Harinder Mohan Dass v. General Manager Northern Railway Baroda House New Delhi
Writ Petitions
For the Petitioners: [List of names]
For the Respondents: [List of names]
The inclusion of names in a promotion panel does not confer a legal entitlement to that promotion; it reflects only a chance for consideration.
Headnote:(A) Constitution of India - Article 226 - Employment Law - Writ petitions filed by Enquiry Cum Reservation Clerks against orders affecting their promotions - The court discusses the legality of the promotions, the authority of the Railway Board - Allegations of mala fides based on political pressure are deemed unsubstantiated - No legal right accrued merely by inclusion in a panel - The definition of 'normal wastage' under the Railway Board's directive is upheld - The impugned orders are found to follow proper procedural authority, not violating natural justice principles. (Paras 1, 11, 15, 21)
(B) Employment Rights - The mere placement in a promotional panel does not confer an automatic right to promotion - The interpretation of 'normal wastage' by a governing body stands validated against previous practices, establishing procedural correctness over claims of irregularity. (Paras 13, 18, 19)
| Table of Content |
|---|
| 1. petitioners are challenging promotional orders. (Para 1 , 2) |
| 2. claims of mala fides were not substantiated. (Para 8 , 11) |
| 3. panel inclusion does not guarantee a right to promotion. (Para 12 , 14 , 15) |
| 4. the procedural authority of the railway board is upheld. (Para 16 , 19) |
| 5. court dismisses the petitions. (Para 21) |
1. These are connected writ petitions under Art.226 of the Constitution. They raise common questions of law and fact. Hence they can be considered in a common judgment.
2. In these petitions, the petitioners who are serving as Enquiry Cum Reservation Clerks in the Northern Railway, seek the following reliefs:
(1) a writ of mandamus to respondent No. 1 (General Manager, Northern Railway) requiring him to withdraw his order dated November 3, 1965, (order No. 754E / 20 - II (Trip) (EIC) and to restore the names of the petitioners on the panel as shown in Annexure 'E' to the petition and to make promotions on the basis of that panel;
(2) a writ of mandamus to Respondent No. 2 (Railway Board) to withdraw its direction and orders to Respondent No. 1 to partially cancel the panel shown at Annexure 'E' to the petition and
(3) for consequential reliefs.
3. The Railway Board by its communication No. E(NG) 63 PMI - 52 dated February 29, 1964 to the General Manager, All Indian Railways, prescribed a channel of promotion for Enquiry Cum Reservation Clerks, who up till then had no channel of promotion. That letter conveyed the following decision of the Railway Board:
"The total number of higher grade posts of Assistant Reservation Supervisors in the scale of Rs. 205-280 (AS), Reservation Supervisors in the scale of Rs. 250-380 (AS) and Chief Reservation Inspector in the scale of Rs. 370-475 (AS) shall be 25 per cent of the total number of posts in the cadre. In other words, in every unit of various 20 posts, the distribution of posts in the various categories shall be as under:
Under that scheme, at the base were the Enquiry Cum Reservation Clerks on the pay scale of Rs. 150-240; the next rung in the ladder was the Assistant Reservation Supervisors in the grade of Rs. 205-280. Then came the Reservation Supervisors in the grade of Rs. 250 380. At the apex was the Chief Reservation Inspector in the grade of Rs. 370-475.
4. In pursuance of the aforementioned communication of the Railway Board, the General Manager, Northern Railway, accorded sanction to the upgrading of the following posts from 1-4-1964, in the cadre of Enquiry Cum Reservation Clerks:
(1) 11 posts as C. R. I. Grade Rs. 370 to 475.
(2) 18 posts as Reservation Supervisor grade Rs. 250 to 380.
(3) 26 posts as Assistant Reservation Supervisor grade Rs. 205 to 280.
(See Annexure 'B').
The Railway Board by its letter No. E(NG) 62 PMI / 91 dated July 10, 1964, prescribed the following procedure for filling up of non - gazetted selection posts:
"The number of persons to be placed on a panel should be equal to the existing and anticipated vacancies plus 25 per cent thereof for unforeseen vacancies. Anticipated vacancies connote only those which are likely to arise due to normal wastage during the currency of the panel.
(ii) The currency of the panel for non - gazetted selection posts should be two years from the date of approval of the same by the competent authority or till exhausted which ever is earlier. . . ."
(remaining portion is not necessary for our present purpose).
(See Annexure 'C').
5. On the basis of the Railway Board's letter dated 10-7-1964 the General Manager, Northern Railway, sent the following communication to the Divisional Superintendents under him on January 22, 1965:
"Subject:-- Selection for the post of Reservation Supervisor grade Rs. 250-380 (AS).
It has been decided to hold a selection for the post of Reservation Supervisor grade Rs. 250-380 (AS). The written test of the staff eligible to appear in the said selection will be conducted on the respective divisions on which they are employed on 13-2-1965. The question papers will be sent a day earlier t