RAJ KUMAR Vs. CENTRAL ADMINISTRATION TRIBUNAL

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner challenges the impugned order dated 17.8.2007 passed by the Divisional Railway Manager, Jhansi and order dated 27.3.2009 passed by Central Administrative Tribunal, Allahabad in O.A. No. 314 (D) of 2009, Raj Kumar Vs. UIO and others. He also prayed for mandamus commanding the respondents to permit him to work as Assistant Station Master (hereinafter referred as Pro ASM) and pay him his salary of the post regularly.

(3.) The brief facts of the case are that notification no. RRB/BPL/5/96 was published in Newspaper by the Railway Recruitment Board, Bhopal inviting applications for appointments on various posts in the Railway. The petitioner submitted his application for consideration of his candidature on the post of Pro ASM. After clearing written examination and interview he was selected for the post of Pro Asm on 3.12.1997 at Faridabad and was required to undergo practical training at Bhusawal before appointment. A Perusal of the communication dated 17.8.2005 (Annexure No. 5 to the writ petition) shows that representation of the petitioner to the Minister of Railways was not considered favourably as inspite of four opportunities provided to him to clear the training he could not do so. Hence he was not appointed appointment on the said post. Letter dated 17.8.2005 reads thus: