UNION OF INDIA Vs. DALIP KUMAR

JUDGEMENT

(1.) THE petitioner/Union of India has preferred this writ petition under Article 226 of the Constitution of India to assail the order dated 22.05.2014 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.797/2014, whereby the Tribunal has allowed the said original application preferred by the respondent, and directed the petitioner to treat the respondent as eligible for 30% LDCE quota examination by counting his service in the grade of Depot Material Superintendent Grade III ( "DMS -III") both in the North Eastern Railway as well as Northern Railway, and to further process the respondents case accordingly.

(2.) THE respondent/applicant was initially appointed in North Eastern Railway as senior clerk on 08.02.2002. Subsequently, he was promoted to the post of DMS -III with effect from 10.08.2004. On the voluntary request of the respondent, he was transferred to the Northern Railway, though on the lower post of senior clerk, where he joined on 05.12.2005. Subsequently, he earned promotion in the Northern Railway to the post of DMS -III with effect from 12.07.2007.

(3.) THE respondent applied against the said advertisement. The petitioner included the respondents name in the eligible candidates list issued on 26.09.2013, though on provisional basis. The respondent appeared in the written test. However, his result was not declared. He was informed that his candidature had been treated as cancelled on the ground that his previous service with North Eastern Railway had not been considered and, therefore, he was treated as not having completed five years of non fortuitous service in the grade of Rs.5000 -8000, which was an essential eligibility condition. The respondent represented against the cancellation of his candidature on 25.02.2014, but to no avail. Consequently, he preferred the aforesaid original application.