UMESH DUTT SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in the instant case has assailed the order dated 24th November, 2011 passed by the Central Administrative Tribunal dismissing the O.A.No.2995/2010 as well as the order dated 27th February, 2012 whereby the Review Application No.59/2012 was rejected.

(2.) THE petitioner has assailed his non -selection for the post of JE -II (25% LDCE Quota) notified by the respondent on 7th January, 2010. The petitioner had undertaken the written examination on 15 th June, 2010. He was not found meritorious in the result declared on 13th July, The respondents however favourably considered the petitioner's 2010. representation dated 19th July, 2010 and corrected the select list by a letter dated 21st July, 2010 whereby the petitioner's name was included in the list of candidates who had qualified the written examination. The respondents declared that inclusion did not tantamount as a selection. In the final select list issued on 27st July, 2010, three persons, other than the petitioner, were declared successful.

(3.) THE respondents countered the petitioner's claim pointing out that after the recommendation of Sixth Central Pay Commission, merger of grades was effected and there was revised classification and mode of filling up of non -gazetted posts. It was pointed out that the post of JE -II was covered under Sl.No.18 for filling up vacancies as existed on 31 st August, 2009. The procedure for holding selection to the post classified as "Selection". Pursuant to the Railway Board's letter dated 22nd March, 2006, the heading "Personality Address, leadership and Academic/Technical Qualifications" stands deleted. The directive dated 22nd March, 2006 reads as follows: