AMALESH CHANDRA CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) The present appeal is from an order of the Central Administrative Tribunal, Calcutta Bench, dated 6-5-1994 by which the appellants' appointments to the post of Guard have been set aside. At the material time the appellants were holding the substantive posts of Trains Clerks in the pay-scale of Rs. 1200-2040(RP). They were, however, provisionally promoted to the posts of Assistant Head Train Clerks in the pay-scale of Rs. 1400-2300. The Eastern Railway issued a Circular dated 10-9-91 for filing up the 152 posts of Goods Guards which included the backlog of previous selection, in the pay-scale of Rs. 1200-2040, by departmental promotion from different eligible streams. One of the eligible streams was of Train Clerks in the pay-scale of Rs. 1200-2040. Under the Circular dated 10-9-91 the last date for sending applications was 30-9-91. Since the appellants were holding the substantive post of Train Clerks they applied for their reversion to the substantive post of Train Clerks and applied for the post of Guard as per the Circular dated 10-9-91. The applications were made before 30th of September, 1991. The request of the appellants for reversion to the substantive post of Train Clerks was accepted on 6-12-91. Thereafter, the appellant functioned in the post of Train Clerks from the dates which are set out in the Chart which has been annexed at page 119 of the paper-book. From their respective dates of reversion any payment received by them as Assistant Head Train Clerk has also been recovered/deducted from their salary. The Railway Board has been moved in the meanwhile by the Division Railway Manager in connection with, inter alia, the request of the appellants to be allowed to apply for the post of Guard and this permission has been granted by the Railway Board by their letter dated 13-8-92, a copy of which is annexed as R-1 to the counter-affidavit of respondents 1 to 3. As per the letter of 13-8-92 in the selection process which had started. Train Clerks who were in the grade of Rs. 1400-2300 were allowed to appear for selection to the posts of Goods Guard as a last exception.

(3.) Pursuant to the applications which were received as aforesaid, selection tests were held in March, 1992 by which day the appellants had reverted to the post of Train Clerks. They were allowed to appear for the test and were ultimately selected by Office Order dated 17-11-92 when the selection list was published. The selected persons were sent for 37 days' training and thereafter were given the posting as Goods Guards at different places.'