N. SOMADAS Vs. GENERAL MANAGER, SOUTHERN RAILWAYS

JUDGEMENT

(1.) IN this writ appeal the petitioner in W.P.(C)No. 30814/2014 challenges the order passed by the learned single Judge on 18.12.2014 declining an interim order as prayed for in the writ petition. The appellant is aggrieved by Ext.P8 letter dated 31.10.2014 sent by the sixth respondent to the fifth respondent informing him that the appellant and two others, who are medically de -categorized employees who were recommended for alternative post in the Ticket Checking Cadre, need not be relieved for the training as per the Chief Personnel Officer's instructions.

(2.) THE appellant contends relying on Ext.P6 that he and two others were nominated, after being medically de -categorised for continuance in service as Constable in the Railway Protection Force for alternative post in Ticket checking cadre and was also nominated for initial training prescribed for probationary ticket examiners at Zonal Railway Training Institute, Tiruchirappally commencing from 10.11.2014, but later Ext.P8 communication was issued by the sixth respondent informing the fifth respondent that the appellant and two others similarly placed need not be sent for the said training. The principal contention raised in the instant writ appeal is that the Chief Personnel Officer has not issued any such instruction.

(3.) THE stand taken by the respondents in paragraph 5 of the counter affidavit dated 12.12.2014 is that it was pursuant to Ext.R6(b) letter sent by the Chief Personnel Officer that Ext.P8 communication was issued. The respondents also contended in paragraph 11 of the counter affidavit that even if the petitioners are not now send for training, their seniority in the service in which they will be later absorbed will not be affected. No rule or regulation which contains such a stipulation is produced along with the counter affidavit.