BIPROJIT DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) BEING aggrieved with the order dated 8.8.2011 whereby the department rejected to interpolate the name of the applicant in the AEN (Group -'B') panel, applicant approached before this Tribunal with the following main reliefs:

(2.) APPLICANT stated that by violating the provisions of Railway Board's circular dated 2.3.1979, one Sri K.C. Agarwal, respondent No. 7 was allowed to appear for absentee test as sole candidate on 12 & 13th September, 1988 and without canceling the select list of earlier DPC, the subsequent DPC held on 4.10.1988 and placed respondent No. 7 dropping the name of the applicant from the earlier merit list. According to applicant, he made representation on 23.10.2008 to the concerned authority apropos the Illegal inclusion of respondent No. 7 in the merit list of promotion. The same was disposed of by the authority at their own level. Applicant then made another representation dated 7.3.2011 to the General Manager, N.F. Railway, Maligaon with prayer to protect right. However, the same also rejected vide letter dated 8.8.2011.

(3.) RESPONDENTS further stated that a notification was issued vide letter dated 25.2.1986 calling for volunteers to appear in 25% LDCE for promotion to Group -'B' posts of AEN. Subsequently, another notification dated 9.12.1987 was also issued calling for volunteers afresh for the said LDCE for 08 posts (UR=07 & SC=01). In response to the said notification, altogether 78 candidates were called to appear in the written examination held on 25.6.1988 and 26.6.1988. Nine (9) candidates including the applicant qualified in the written examination and they were called for the viva -voce test held on 22.8.1988. Out of the nine (9) candidates, eight (8) candidates were found fit for empanelment by the Selection Committee in their proceedings dated 2.9.1988. The applicant figured against Sl. No. 8 in the merit list.