ABDUL HAMID KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant of this case is before us aggrieved by the order dated 4.5.2010 passed by R -1 through which the Government of India, Ministry of Railways, Railway Board, Deputy Director Establishment (Sports), has notified a fresh panel of Assistant Sports Officers Group 'B' in place of the earlier panel formed in the year 2003, by revising it and a fresh panel of posting numbers 10 to 20 has been issued, while the names of the applicant and 3 others have been de -panelled by paragraph 3.1 of the impugned order. This case has had a chequered history. The respondents had first notified a panel of Assistant Sports Officers Group 'B', consisting of 20 names, through their order dated 28.8.2003, produced by the applicant at Annexure -A4, for promotion to the Group 'B' pay scale Rs. 7500 -12000 ex -cadre posts of Assistant Sports Officers to be filled on transfer/deputation basis, on the basis of the recommendations of the DPC constituted for the formation of such a panel. The consequential orders of promotions and postings of the 20 named persons were issued vide letter dated 29.8.2003, produced by the applicant at Annexure -A5 of the present OA. It was clarified in the paragraph 3 of the order of promotions and postings issued on 29.8.2003 that these postings will be ex -cadre, and promotions against these posts will not confer on the officers any right to claim automatic promotions to the Group 'B' posts to which they may become eligible for consideration in their own respective cadres, and that these promotions will take effect from the date on which the incumbents take charge.

(2.) THIS order was partially modified on 5.5.2004 through Annexure -A6 in respect of the applicant, whose name was at Sl. No. 11 in both the panel dated 28.8.2003, and the order of promotions and postings dated 29.8.2003, and the panelist at Sl. No. 20, another Officer Mrs. Rekha Bhide on deputation to Konkan Railway Corporation Ltd. (KRCL, for short), was ordered to continue with KRCL. The posting orders of Assistant Sports Officers were further modified vide Annexure A7 dated 18.10.2004 including the applicant, by which the applicant came to be posted as Assistant Sports Officer in the Western Railway, because of which, through Annexure -A8 dated 21.10.2004, the applicant was relieved by the Central Railway and permitted to report to the General Manager, Western Railway, Churchgate, both at Mumbai. The Western Railway took him on their rolls through order dated 27.10.2004 Annexure A9 and allowed him to exercise option under FR 22A or the Railway Rules 2017A(R -II) or under Rule 1313 R -II within one month from the date of his joining the promotional post.

(3.) IN that OA, the said applicant Ms. Razia Zaidi had claimed that she had participated as a part of the Indian Hockey Team and had represented India at the World Cup, Asia Cup, Presidential Cup, Asian Cup and also won Gold and Bronze medals in Asian games. She had submitted before the Lucknow Bench that the private respondents R -4 to R -6 (the present applicant being private respondent R -4) had no such participation in world class tournaments and had no such achievements. She had, therefore, challenged the selection conducted by the DPC, and the selection of the three candidates R -4 to R -6 for the posts of Assistant Sports Officers when they had much lower sporting achievements as compared to herself, and had prayed that the selection be cancelled.