NGL GOSWAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The controversy involved in this petition revolves around a narrow compass. The issue which is raised is as to whether it was permissible for the official respondents/railway authorities to club all the vacancies for the years 1994 and 1995 and hold one selection therefor or the yearwise panel against the respective years vacancies should have been prepared.

(2.) The facts surrounding the aforesaid controversy can also be minisculed. The petitioners are Sr.Ticket Collectors in the grade of Rs.1200-2040. Next promotion is to the post of Head Ticket Collector/Head TTE. This post is a selection post which is to be filled up after holding written examination. For some reasons, no such examination could be conducted and selection made in the year 1994. However, in the year 1995 the Railways notified 45 vacancies of the Head Ticket Collector vide Notification dated 14.9.1995. written examination was held on 28.10.1995 and thereafter another examination held on 6.8.1996 and results thereof were declared on 22.8.1996. 76 candidates were declared successful. A panel of 42 candidates was declared against the vacancies for the year 1993, 1994, 1995 and 1996. The names of the petitioners were not in the said panel.

(3.) It may be mentioned at this stage that the petitioner Nos.1 and 2 had been promoted as Head Ticket Collector/Head TTE on ad hoc basis vide order dated 27.6.1995, This arrangement presumably was done till the regular selection is made. Since the petitioners were not found successful in the aforesaid selection, on 13.9.1996 orders were passed by the official respondents seeking to revert these two petitioners. At this Juncture the three petitioners filed O.A. No.2065/96 for quashing of the impugned order dated 13.9.1996 and challenged the selection process. Interim orders were passed on 14.10.1996 for maintaining status quo. O.A. was, however, ultimately dismissed by the Tribunal vide order dated 20.11.1997. The petitioners rushed to this court and filed the instant writ petition in which again interim protection was given vide order dated 9.1.1998 directing these , official respondents not to revert the petitioners No.1 & 2. This is how these two petitioners are still continuing to work on the post of Ticket Collector/TTE albeit on ad hoc basis.