B.V. RAMANA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant petition arises from the order dated 26.12.2006 (Annexure P/17) passed by the Central Administrative Tribunal, Jabalpur, (for short 'the Tribunal') in O.A. No. 119/2005 and the order dated 05.03.2007 (Annexure P/18) passed in Review Application No. 5/2007. Further, a direction to the respondents to amend the memo dated 18.04.2004 (Annexure P/12) whereby the lien of the petitioner has been notified in the Engineering Department of the Headquarter.

(2.) THE facts, in brief are that the petitioner was originally appointed as Khalasi in Electrical Loco Shed at Tatanagar on 05.02.1970. He was promoted to the post Junior Clerk on 17.02.1983 and subsequently as Senior Clerk on 17.02.1983. According to the petitioner, his lien was maintained in the Personnel Branch of Chakradharpur Division. Later on, the petitioner was transferred to Koraput Project on 28.08.1984. He was promoted as Head Clerk on 11.6.1990 and further promoted as Office Superintendent (for short 'OS'), Grade II on ad hoc basis in the Personnel Branch and posted at Laxmipur. In the year 1992, the petitioner was transferred to the Railway Electrification Department at Bilaspur as ad hoc OS Grade II, retaining his lien in the Personnel Branch of Chakradharpur. THEreafter, he was posted in the Construction Organization under CE (Construction)/South Eastern Railway, at Bilaspur on the same capacity. In the meantime, new Railway zone was formed and options were invited from all the divisions of South Eastern Railway. THE officers/employees opting for new zone were required to join new place of posting on or before 30.04.2004 as is evident from memo dated 30.10.2003 (Annexure R/1 to the O.A. before the Tribunal). THE petitioner submitted his option for his release only on 27.07.2004 beyond the cut off date i.e. 30.04.2004. THE petitioner made a representation for retaining his lien in the personnel department on 25.10.2004 (Annexure P/13). THE respondent No. 3, vide its letter dated 01.12.2004, rejected the representation of the petitioner and maintained the petitioner's lien in the Engineering Department. Aggrieved by the said action of the respondents, the petitioner approached the Central Administrative Tribunal Jabalpur, in O.A. No. 119/2005 which was dismissed vide order dated 26.12.2006 (Annexure P/17) holding that the petitioner was not entitled to any relief claimed as the other junior persons reported to the new South East Central Railway, Bilaspur (for short 'the SECR, BSP') Headquarter much before 30.04.2004 and the petitioner was availing his ad hoc promotion in the Construction Organization. THEreafter, the petitioner preferred a review application being Review Application No. 5/2007 before the Tribunal which was also dismissed vide order dated 05.03.2007 (Annexure P/18). Thus, this petition.

(3.) HEARD learned counsel appearing for the parties, perused the pleadings and documents appended thereto.