UNION OF INDIA (UOI) THROUGH DEPUTY CHIEF ENGINEER (CONSTRUCTION) NORTHERN RAILWAY Vs. SHRI RAVINDER KUMAR S/O SHRI AJAB SINGH MATERIAL CHECKING CLERK UNDER DEPUTY CHIEF ENGINEER (CONST.) NORTHERN RAILWAY

JUDGEMENT

(1.) THE Petitioners are aggrieved by an order dated 3rd June, 2004 passed by the Central Administrative Tribunal, Principal Bench in OA No. 2384/2002 (Ravinder Kumar) and OA No. 2405/2002 (Ashok Kumar).

(2.) BROADLY , both the Respondents? Ravinder Kumar and Ashok Kumar joined the Railways in a Group 'D' post as casual labour in the mid 1970s as Khalasi in the Construction organization. After sometime, they were given temporary status in the Construction organization and were made regular in a Group 'D' post in 1997. Ravinder Kumar was regularized on 18th November, 1997 and Ashok Kumar was regularized on 20th October, 1997.

(3.) SOMETIME in 1999, Ravinder Kumar participated in a departmental examination for selection to a Group 'C' post. It appears that he qualified in the examination but before he could be regularized as a Group 'C' employee, it came to the notice of the Petitioner that he was in fact not eligible to participate in the selection process since he did not have three years regular service in a Group 'D' post. Accordingly, by a letter dated 16th August, 2002 Ravinder Kumar was asked to explain why he should not be reverted to the regular Group 'D' post that he was holding.