KRISHAN KUMAR Vs. UOI

JUDGEMENT

(1.) The petitioners are aggrieved by the order of the Central Administrative Tribunal ("CAT/Tribunal") dated 29.10.2003 in O.A. No. 324/2003. The impugned order set aside the selection and appointment to the post of Junior Engineer (C&W) Grade-II.

(2.) The brief facts of the case are that the petitioners were earlier working as Artisan Grade I, which is one of the posts-incumbents whereof are entitled to compete for 25% quota for the post of Train Examiner/JE Grade II. This was in term of Rule 142 of the Indian Railways Establishment Management (IRD) Volume I.

(3.) The Northern Railway, on 11.11.2002 advertised 18 posts of JE (C&W) Grade II earlier designated as train examiners to be filled in the 25% quota. The petitioners had served for three years in the feeder grade and, therefore, were eligible to appear in the said examination. Based upon the performance, the respondent Railways offered them the post of JE Grade II and appointed them. The contesting private Respondent nos.4 and 5, who belonged to other feeder categories felt aggrieved, and approached the Tribunal complaining that the procedure adopted for filling up these vacancies was contrary to the Rules. Their contention was that the railways were bound to follow the procedure outlined in Rule 215 (e), of the Indian Railways Establishment Manual (IREM) by confining the zone of consideration to three times the number of vacancies and that, consequently, since the petitioners did not fall within that zone, their candidature could not have been accepted. The Tribunal accepted their contention and held the appointment of the petitioners to be contrary to Rule 215(e).