UNION OF INDIA Vs. M.S. MAHESH

JUDGEMENT

(1.) Introductory:

(2.) The General Manager, Southern Railways, collected 80 applications and approved the appointment of 43 substitutes in Chennai Division. The Divisional Railway Manager, pursuant to the direction given by the General Manager, engaged 28 candidates. Before engaging the remaining 15, Writ Petition was filed in the High Court to direct the CBI to register a case against the General Manager under the Prevention of Corruption Act on account of the illegal appointments made by him for personal gain. The CBI found merit in the allegations. The first respondent in the present Writ Petitions filed O.A. No. 448 and 449 of 2017, claiming appointment. The Tribunal by order dated 12 July 2013, directed the Railways to consider their case for appointment in the existing or future vacancy in the post of Substitute Helpers or equivalent category subject to eligibility and in accordance with law.

(3.) The General Manager, Southern Railways, by order dated 2 Oct. 2013, negatived the prayer for appointment on the ground that engagement in question was made in violation of the guidelines and norms governing such appointments. The said order was challenged in O.A.No.310 of 2014 and 566 of 2014. The Tribunal directed appointment solely on the ground that the other selected candidates were engaged and their services were regularized later. Feeling aggrieved, Southern Railway is before this Court.