UNION OF INDIA Vs. JUGESHWAR DHRVA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioners have challenged the impugned order dated 16th March, 2010 passed in O.A No.653/2010 as well as the order dated 26th August, 2010 passed in R.A.No.212/2009 by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal?).

(2.) Briefly the facts relevant for disposal of the present petition are as under:- In the year 1996-1997, an advertisement was issued for recruitment against several posts under Railway through Railway Recruitment Board, Allahabad (in short referred to as 'the RRB?). Respondent had applied for the post of JE-II/Signal in scale of ' 1400- 2300 (pre-revised) against employment notice dated 3/96-97. An admit card was issued to him. The examination was held on 30.1.2000 and result was published on 25.4.2000 wherein respondent was declared selected. On 9th May, 2000, a letter was issued to the respondent informing that on the basis of selection conducted by the RRB, his name had been placed on the panel and had been forwarded to Chief Administrative Officer (P) Construction Office, Kashmiri Gate, Delhi. Thereafter, vide letter dated 5th April, 2002, respondent was informed that he had been declared medically unfit in A-3 category, as such, was not fit for J.E-II/Signal in the scale of ' 5000-8000. He was further informed that in case he wanted to opt for an alterative post, he was required to give an application within one year of receipt of said letter. Vide letter dated 5th June, 2002, respondent was informed that his case for an alternative post had been referred to the Chief Officer and was further asked to report to the office within 15 days of receipt of letter so that his medical could be done. On 4th July, 2002, respondent wrote a letter wherein he requested for an alternative post for which he was medically fit. Thereafter on 22nd October, 2002, the office of petitioner no.3 & 4 informed respondent that he had been declared fit for B2 and below, as such his application dated 4.7.2007 had been considered by the competent officer and in their division the post of Commercial Clerk grade 3200-4900 (R.P.S.) ST, was lying vacant and his case would be referred to the Chief Officer if he was ready for the same. The respondent requested for issuance of appointment letter for the aforesaid post. On 10th December, 2002, the Divisional Railway Manager, Ambala, wrote a letter to the General Manager, Baroda House, New Delhi informing that the post of Commercial Clerk was lying vacant in their division and decision in that regard be informed to him. Reminders in this regard were also sent by the Divisional Railway Manager, Ambala on 9th November, 2006, 7th March, 2007 to the General Manager, Baroda House, New Delhi. Finally on 14th August, 2008, petitioners informed the respondent that as per order of the competent authority, for direct appointment against DMS-III Grade 5000-8000, there was no vacant position for S.T. and as such it was not possible to consider his case for an alternative appointment.

(3.) Aggrieved with the same, respondent filed an O.A. before the Tribunal challenging the rejection order dated 14th August, 2008 issued by petitioner nos.3 & 4.