UNION OF INDIA Vs. R MOHANKUMAR

JUDGEMENT

(1.) This petition is directed against the judgment and order passed by the Central Administrative Tribunal, Mumbai Bench, dated 24th June, 1999 passed in Original Application No. 836 of 1993 as well as the order dated 6th March, 2002 passed in Review Petition No. 33 of 2000.

(2.) The respondent herein preferred Original Application No. 836 of 1993 before the Central Administrative Tribunal, Mumbai Bench, with a prayer that the reversion order dated 29th December, 1992, passed against him be quashed and set aside and he may be restored to the post of Bill Issuer. The respondent was appointed as a Waiter in Ajmer Division of the Western Railway in the scale of Rs. 7751025. It is the case of the respondent that by an order dated 11th September, 1987, he was promoted to the post of Bill Issuer in the scale of Rs. 8251200. Subsequently by order dated 29th December, 1992 he was transferred and posted at CCG in the capacity as Waiter in the pay scale of Rs. 7751025. The respondent treated the said order as an order of reversion and accordingly challenged the said order by filing the aforesaid original application before the Tribunal. The said application was resisted by the Railway Administration (present petitioner) on various grounds. It is the case of the petitioner that the respondent was not qualified to be promoted to the post of Bill Issuer but his promotion was only a stop gap arrangement. Subsequently he was reverted to the post of Waiter and transferred to Mumbai Division in view of the withdrawal of the catering service in Ajmer Division.

(3.) It is the case of the petitioner that after cancellation of the socalled promotion order on 13th November, 1987, the respondent had appeared in the departmental test in the year 1990 but he was unsuccessful. Accordingly having accepted the reversion order passed in November, 1987, he cannot challenge the the impugned transfer order on the ground that it is a reversion order in substance. The Tribunal set aside the said order by which he was transferred from Ajmer Division to CCG. The Tribunal found that the transfer of the respondent from Ajmer Division to Bombay Division will remain intact.