UNION OF INDIA Vs. N CHANDRASEKHARAN

JUDGEMENT

(1.) THE challenge is mainly against Ext.P12 and P20 orders of the Central Administrative Tribunal. Ext.P12 is an order dated 05.02.2003. At this distance of time the writ petitioner-Railway cannot assail Ext.P12 order which has attained finality.

(2.) IN Ext.P12, the applicant before the Tribunal staked his claim for promotion to the post of B.T. Checker notified in the year 2001. It was declined on the ground that there were sufficient candidates at that moment in the scale of pay of Rs. 2750-4400. IN the absence of candidates with that scale of pay, those with Rs. 2650-4000, like the applicant, could have been considered. The Tribunal considered the matter and held that the petitioner was really qualified to be considered against the vacancies notified, as he had become qualified in the written examination and therefore he was entitled to be considered for promotion subject to passing Viva- voce test, as he was entitled for appointment against one among the B.T. Checker. Even inspite of Ext.P12 judgment the applicant before the Tribunal below was not promoted. He was informed in Ext.P14 that he did not have minimum requisite qualifying marks of 60% both in Professional ability and in aggregate. Therefore, he was, according to the petitioner, not qualified for selection to the post of B.T. Checker. This was impugned again before the Tribunal. Again the Tribunal considered the aspect and found that it was proceeded earlier that the Viva-voce test was a component of the selection process. But on examining the notification published to fill up the post of B.T. Checker, it was found that the post was an "ex-cadre non-selection posts" to which the qualification required was as follows: