UNION OF INDIA Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave are filed against different orders of the central Administrative tribunal, Lucknow bench in OA No. 115 of 1990 and batch.

(3.) Pursuant to an advertisement for direct recruitment to the posts of Accounts Clerks Grade I, the respondents applied for and appeared in written examination as well as interview and were selected and appointed as Accounts Clerks Grade I between April-June 1986 and were put on probation. Under para 167 of the Indian Railways Establishment Manual (IREM) , during probation they are required to pass the tests prescribed in Appendix 2 and in paragraph 4 (a) therein. The letters of appointment also would clearly indicate that they are required to pass the test within the period of probation for confirmation. Since they did not pass the prescribed test within the time or extended attempts, their services came to be terminated by individual proceedings issued against them. Impugning those proceedings the OAs came to be filed. The tribunal in the impugned orders dated 31/7/1991 etc. held that the circular of the Railway Board dated 24/6/1986 prescribing the conditions under which the respondents are required to pass the tests, was in conflict with para 167 of IREM. Accordingly, it quashed the termination orders. Thus these appeals.