MANGEJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Railway Administration by a circular of 22/7/1982 invited applications, inter alia, from Class IV employees of Transportation and commercial Departments for selection as Ticket Collectors in the grade of rs 260-400. The circular which was issued by Northern Railways, Bikaner division, set out that all regular non-technical Class IV employees of transportation and Commercial Departments, inter alia, who have completed three years' continuous service on 11/8/1982 and who can write and read English can apply for the said posts. It further stated that to test the ability of the employees, a written test will be held and those employees who are successful in the test will be required to appear before the Selection Board for a viva voce.

(2.) Accordingly, the appellants and Respondents 5 to 8 applied for the post of Ticket Collector. Respondent 5 passed in the written examination but he failed in the viva voce. Respondents 6 to 8 failed in the written test and were not called for interview. The appellants qualified in the written test and were also selected in the viva voce. They were, therefore, selected for regular appointment.

(3.) Respondents 5 to 8, however, filed a writ petition before the High court which was subsequently transferred to the central Administrative tribunal, Jodhpur bench, challenging the selection test so held. The tribunalby its order dated 4/8/1992 set aside the selection and directed that fresh selection be made within a period of six months as set out therein. It further gave a direction that Respondents 5 to 8 as well as the appellants who were working on the posts of Ticket Collectors on an ad hoc basis at the time of the tribunal's order shall not be reverted until they are given three opportunities to appear in the written test excluding the impugned test which was being quashed. Hence, the appellants have filed the present appeal.