UOI Vs. MOHD ARSHAD QUERESHI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 03.12.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 2381/2009. The respondent had claimed promotion as JE-II (Permanent Way) in the pay scale of Rs. 5000-8000 before the Tribunal. The respondent had impugned the petitioner's order dated 24.06.2008, whereby the said claim of the respondent was rejected on the ground that the panel, which was for two years, had already expired.

(2.) THE facts, as disclosed in the writ petition, are that the respondent was selected for the post of Permanent Way Supervisor in the pay scale of Rs. 4500- 7000 through the Railway Recruitment Board and, after undergoing the prescribed training, he was appointed as such on 02.04.1999 in the Allahabad Division. Subsequently, on account of cadre restructuring orders, which were issued by the Railway Board on 09.10.2003, various cadres of Group 'C' and 'D' were restructured and the upgraded posts of Junior Engineer-II/Permanent Way Grade Rs. 5000- 8000 were required to be filled up according to the modified selection procedure on the basis of scrutiny of the service record and confidential reports. THEreafter, 48 candidates were found suitable on the basis of the said modified selection and were placed on the provisional panel, which was declared on 22.06.2004, in which the respondent was placed at serial No. 34 in the select list.

(3.) THEREAFTER, the respondent was again required to attend the pre- promotional course which was to be held on 20.03.2006 to 19.05.2006 at the said Academy, which he failed to attend. Finally, the respondent, along with some others, attended the pre-promotional course at the said academy between 15.12.2006 to 14.02.2007 and, this time, he was declared as having passed and was also ranked as No.1. However, the respondent was not promoted as JE-II/ Permanent Way Grade Rs. 5000-8000 since, according to the petitioner, the panel, which had a life of two years, had, by that time, expired on 22.06.2006.