YOGENDER KUMAR PATHAK Vs. UOI

JUDGEMENT

(1.) This writ petition stems from the order dtd. 26/9/2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Hereinafter referred as "the Tribunal") in O.A. 2115/2003 whereby the Tribunal dismissed the petitioner's challenge to the respondent's letter dated 09/14/7/2003. By way of the said letter, the respondents rejected the petitioner's request for promotion to Fitter Grade-II and subsequently to Fitter Grade-I by referring to the seniority list dtd. 6/10/1990 whereby the petitioner was placed at a lower place in the seniority list as a consequence of his transfer on "own request'' basis. Before adverting to the reasoning of the Tribunal in the impugned order, we shall set out the facts of the case in brief.

(2.) The petitioner joined the railways as Khallasi/diesel cleaner on 9/7/1981 and was promoted as Sr. Khallasi/ Khallasi Helper on 1/1/1988 as a result of upgradation of the post. Meanwhile, on 30/4/1986, the respondents initiated a proposal to install a new electric loco shed at Tughlakabad, Kota Division of the Western Railway. The petitioner requested for transfer to the newly installed loco shed on personal grounds i.e. on own request basis. The request was accepted and the petitioner was posted at the new establishment in a lower grade i.e. Khallasi. The petitioner joined the new establishment on 19/1/1989.

(3.) Subsequently, the respondents invited applications from employees serving in the railways for transfer to the newly installed loco shed on administrative grounds. On 17/10/1989, the applicant also requested for consideration of his "on request" transfer as a transfer on administrative grounds. The said request received the recommendation of Senior DEE on 17/10/1989. However, no decision was taken in this regard. Thereafter, the applicant sought promotion as Senior Khallasi, the grade at which he was serving prior to his transfer. The applicant was subjected to a trade test for the post of Fitter Grade-III, along with other employees. Upon being declared successful in the trade test on 13/2/1990, the applicant was placed at Sr. No. 25 in the list of selected candidates for the post of Fitter Grade-III and was promoted as such on 3/3/1990.