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Court comes to the rescue of a Railway employee seeking promotion
9/5/2008 10:58:24 PM
Early Times Reporter
Jammu | Sep 5

Coming to the rescue of an employee of the Northern Railway, who was promoted to the post of driver on adhoc basis in the year 1985, Justice Nirmal Singh of Jammu and Kashmir High Court, Jammu Wing while allowing the petition, has directed that in case the services of any of the junior of the petitioner have been placed in the grade of 3050-4590, though in a different trade, then keeping in view the fact that the petitioner has been performing the duties of driver now for the last more than 2 decades, after he was promoted to this post on adhoc basis, after clearing the trade test, be deemed to be substantively promoted to the said post in the grade of 3050- 4590 from the date his junior, if any has been so placed in the said grade. The petitioner shall also be entitled to all the consequential benefits, Justice Singh directed.
Baldev Raj, an employee of the Northern Railway, who was promoted to the post of driver, on adhoc basis in the year 1985, has filed a petition seeking promotion to the higher grade and placing him in the grade of 3050-4590
In the petition filed through Adv Gurcharan Singh in which the petitioner submitted that he was initially working as Khallasi and was promoted to the post of driver on adhoc basis in the month of October, 1985. The said adhoc promotion was given to the petitioner after passing the trade test in the concerned filed.
Justice Nirmal Singh., after hearing both the sides and also going through the petition and objections filed by the respondents, observed that it is not the case that the petitioner belongs to any other department and is on deputation with the respondents. He is an employee of the railways and the construction wing created by the railways itself. Therefore, the plea of the respondents that the benefit would be given to him by his parent division cannot be accepted. It is also not the case that the petitioner is lacking the eligibility criteria. On the other hand the respondents themselves have taken a stand that the petitioner was given adhoc promotion after he had cleared the trade test.
While allowing the petition, Justice Singh directed that the respondents to promote the petitioner with consequential benefits, in case any junior to the petitioner, has been placed in the grade of Rs.3050- 4590. JNF
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