UNION OF INDIA Vs. K PRADEEPAN

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India takes exception to the judgment and order dated 2004-2001 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai. By the said order, the Original Application No.1185 of 1996 filed by the respondent Nos.1 to 9 herein, came to be allowed and the examination conducted on 30-09-1996 for the post of Office Superintendent came to be set aside, as also the consequential selection thereto. However, employees who were appointed on the basis of the said selection were allowed to work on an Ad-hoc basis till the fresh selection test is conducted and selection made thereto.

(2.) THE respondents herein are all employees of the Central Railways and belonging to the ministerial cadre of the Parel workshop and were at the relevant time, working as Head Clerks, which is the feeder cadre for the promotion to the post of Office Superintendent Grade II.

(3.) THE Tribunal considered the said Original Application. The Tribunal principally relying on the said judgment of the Jabalpur Bench, was of the view that since the Circular dated 05-12-1984 was quashed and set aside, the petitioner herein could not carry out selection by assigning marks for seniority. The Tribunal therefore, quashed and set aside the said selection. However, granted limited protection to the candidates who had been selected till fresh selection was carried out by the petitioner.