UNION OF INDIA Vs. S. K. JAIN

JUDGEMENT

(1.) Cm APPL. 32759/2019 (Early hearing)

(2.) In nutshell, the brief facts are that the respondents herein, who were the applicants before the learned Tribunal, were initially appointed as JAAs in the pay scale of 330-550 (pre-revised) on different dates through the Railway Recruitment Board. As a term and condition of their employment, the respondents were required to qualify the Appendix IIA Examination I.R.E.M (hereinafter referred to as "the examination") within the prescribed period of three years and within the prescribed number of chances for appearance in the said examination.

(3.) It is an admitted case of the parties that all the three respondents did not qualify the requisite examination within the prescribed period and accordingly their services were terminated in the year 1990. Against the said termination, respondent Nos. 1 and 2 filed an Original Application before the Central Administrative Tribunal, which was allowed and the termination orders were quashed. On a Special Leave Petition being filed by the petitioners, the Apex Court modified the orders of the Tribunal and directed the petitioners to give one more chance to the respondents to clear the examination.