LAWS(KAR)-2014-12-333

UNION OF INDIA; DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY; SENIOR DIVISIONAL PERSONNEL Vs. V S THIPPESWAMY

Decided On December 17, 2014
UNION OF INDIA; DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY; SENIOR DIVISIONAL PERSONNEL Appellant
V/S
V S THIPPESWAMY Respondents

JUDGEMENT

(1.) The writ petitioners, who were the respondents before the Central Administrative Tribunal, Bangalore Bench, Bangalore (hereinafter referred to as 'the CAT' for short) in O.A.No.531/2013, have challenged the order dated 02.04.2014, wherein the CAT has directed the petitioners herein for the revaluation of the answer script of the respondent Thippeswamy; if the applicant secures qualifying marks under the revaluation, the writ petitioners have to consider the case of the applicant for the post of Junior Loco Inspector within 15 days from the date of declaration of the results under the revaluation. The said order is called in question on several grounds, which we are going to discuss little later.

(2.) The brief facts which are not in dispute between the parties are that, the respondent Thippeswamy was appointed as Diesel Assistant on 1.5.1994 and promoted to the post of Goods Driver on 21.5.2002 and later, promoted as Passenger Driver on 1.3.2011. He has also worked in a tenure post of Crew Controller from 14.4.2007 to July, 2011.

(3.) The application of the respondent was contested by the petitioners herein on the ground that there is no room for revaluation of the papers even though certain of the key answers are wrong; Sri. T. Sabu's case has been dealt with inadvertently and the same cannot be made as a precedent; even otherwise, said Sabu has filed his application within one year from the date of announcement of the results and perhaps, on that ground the revaluation has been done.