BENJAMIN JACOB Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was working in the Railway as class 'C' employee. He was on deputation to Iraq from 19.5.1988 to 7.6.1990. During this period, the Railways conducted Limited Group Service Examination (LGSE) and Limited Departmental Competitive Examination (LDCE) for promotions to class 'B' service. The petitioner was not informed about these examinations and when he came back, he filed an application on 17.8.1990 for holding supplementary examination. This application was rejected on 8.6.1992. He filed an application before the Central Administrative Tribunal. It was rejected on 6.1.2000. Hence the present writ petition.

(2.) WE have heard Counsel for the petitioner and Sri Govind Saran for the respondent. The 75% of the vacancy in the traffic cadre is filled through LGSE examination. In these examination, candidate; three times the number of vacancies are called. The petitioner was not in this list and was not eligible. There is no illegality in not informing the petitioner. However, the same cannot be said about the LDCE examination.

(3.) IT is not disputed that at the time the LDCE examination was held, the petitioner was on deputation in Iraq. There is nothing to show that he was informed about the examination. This was wrong on the part of the Railways.