LAWS(KAR)-2014-3-542

UNION OF INDIA Vs. RAJESH A M

Decided On March 25, 2014
UNION OF INDIA Appellant
V/S
Rajesh A M Respondents

JUDGEMENT

(1.) IN these three petitions, the orders dated 27.3.2013 passed in O.A.Nos.131/2012, 132/2012 and 133/2012 are assai led. By the said orders the Central Administrative Tribunal ('CAT' for short) has al lowed the appl ications and set aside the impugned order dated 2.3.2013.

(2.) SINCE common question arises for consideration in these petitions, they are taken up together and disposed of by this common order.

(3.) THE brief facts as noticed from the case in O.A.No.133/2012 which relates to W.P.No.84790/2013 is that, the respondent herein was working in the South Western Rai lways and had been deputed to the Konkan Rai lway Corporation Limited (KRCL) . Subsequently when the Loco Pilots were considered for promotion to the post of Junior Loco Inspector (JLI ), the respondents herein were also considered for such promotion and they were promoted. It is to be clarified that insofar as one of the respondents Sri M.Thyagarajan had however continued to work in South Central Rai lways. The petitioners contend that he was working in Sedentary Post and even the respondents who were deputed to KRCL were also working in Sedentary post. Subsequently the promotions granted to the respondents herein in the year 2008 was withdrawn by the order dated 2.3.2012 (Annexure -A.25) after issue of notices dated 9.1.2012, 20.1.2012 and 29.2.2012 which are at Annexures -A.22 to A.24. The respondents herein claiming to be aggrieved by the same were before the CAT in O.A.Nos.131, 132 and 133 of 2012. The CAT after considering the rival contentions has allowed the appl ications by setting aside the order by which the promotions granted to the respondents herein was withdrawn. It is in that circumstance the respondents before the CAT are before this Court in these petitions.