UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI AND OTHERS Vs. SRI LEWELLYIN JOSEPH, S/O. LATE MR. COTTAR, SRI MANAK LAL S/O LATE MOHAN LAL, SRI B.N. MOHAN, S/O. SRI NARASIAH AND SRI J. SUR

JUDGEMENT

(1.) A short question that arises for consideration of this Court in this writ petition is: Whether there shall be a minimum gap of six: months between two selections as per the Indian Railway Establishment Manual volume -I para 216?

(2.) THE facts leading to this case are as hereunder:

(3.) CHALLENGING the legality and correctness of the order of the Tribunal, the present writ petition is filed. During the course of the argument, it is brought to our notice that the respondents have been promoted and have been working as Head Ticket Examiners. Be that as it may, the period of six months referred to in Rule 216 of IREM can be treated only as a directory and not a mandatory, because if an (sic) arises and if any recruitment has to be made by giving promotion to the eligible candidates depending upon the circumstances, it is always open for the petitioners to conduot an examination and promote the eligible - candidates and there cannot be any mandatory Rules prescribing minimum gap of six months, If a person is eligible to get promotion, as if vacancy arises, such person need not wait for a period of six months. The period of six months is stipulated under Rules is only for the petitioners to make preparation for conducting such examination, but the same need not be treated as mandatory. Therefore, we do not see any merit in this writ petition.