SHYAM SUNDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions are taken up together as they arise out of the common order passed by the Central Administrative Tribunal, Principal Bench, New Delhi, dated 04.01.2011 in OA 3546 and 3547, both of 2009.

(2.) BOTH the OAs were dismissed by the Tribunal by virtue of the impugned order purely on the ground of limitation. The learned counsel for the petitioners drew our attention to paragraph 7 of the impugned order which reads as under:- "7. We have to consider whether the preliminary objection of the respondents that these applications are barred by limitation is valid or not, and whether the judgment in Ravinder Kumar Negi's case (supra) is applicable or not? It is seen that Sh. Ravinder Kumar Negi had filed OA-1817/2005 claiming that he should be allowed to appear in the selection test as candidates three times the number of vacancies as required under paragraph 215 of Indian Railway Establishment Manual Volume-I had not been called. Pursuant to the interim direction of the Tribunal, he was allowed to appear in the test; later on, it was found that he had scored 59.95 marks in the aggregate against the bench mark of 60. He challenged the results immediately by filing OA No. 2693/2009 in which he claimed that being the junior-most his seniority marking should have been as per the provisions of IREM. His prayer was allowed; the respondents implemented the directions and recalculated the marks by awarding 5 marks (2 marks extra) to him." (underlining added)

(3.) THE impugned order is set aside and the matter is remitted to the Tribunal to consider the original applications afresh in the light of the observations made above. In the first instance, the parties shall appear before the Central Administrative Tribunal on 07.05.2012. THE writ petitions stand disposed of accordingly.