PHUNDI LAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) XXXXXXXXXX.

(2.) THE brief facts of the case as presented by the applicant are: "Applicant was promoted and appointed as Senior Clerk on 19.06.1984. Thereafter, vide Annexure A/1 he was promoted to Head Clerk on 21.5.1985. Presently he is working as Head Clerk. Annexure A/2 & A/3 are Seniority Lists of Head Clerks for the years 1994 and 1999 respectively. CBI registered a case against applicant. He was placed under suspension from 16.11.1993 to 28.02.1994. Thereafter he was removed from service and he remained out of service from 01.03.95 to 20.02.96. Thereafter he was allowed to resume duty on 21.02.96 with the remark when he is found fit, suitable he should be promoted. While so, applicant preferred a Criminal Appeal against the order of conviction passed by the CBI court on 25.4.96. The High Court in Criminal Appeal No. 828/96 vide annexure A/4 judgment Dt. 15.4.2008 acquitted him on merits. Applicant made Annexure A/5 representation to the respondents for payment of bonus due to him for the years 1992 -93 and 1993 -94 and payment due of the suspension period from 19.11.1993 to 29.07.1995. Applicant again submitted A/6 representation on 10.06.2008 for promotion on the basis of seniority as his juniors have been promoted and were working as Chief Office Superintendent. As there was no response, applicant sent A/7 to A/13 representations on his grievance of promoting his juniors above him and also stating that during the pendency of the criminal case no sealed cover procedure was adopted as was done in the case of one Maqbool Ali, Head Clerk. In the meantime, respondents modified the selection as per cadre restructuring scheme and promotion orders were issued w.e.f. 1.3.1993 and 1.10.2004 though applicant was entitled for promotion and arrears. He further states that he was also entitled under the modified procedure vide Annexure A/15 Railway Board circular. He was not called to take part in the Departmental examination for selection of Office Superintendents Grade -II in 1993 though entitled to appear. He was not promoted subsequently under the cadre restructuring scheme of the year 1993 and 2003. Respondents called upon the applicant to take part in the examination for the Office Superintendent Grade -II on 20.3.2009. He was informed vide A/6 order that he failed to secure the requisite marks in that examination. Annexure A/18 and A/19 are the gradation for the year 1993 and 2003 respectively wherein he ought to have been placed if his case for promotion was taken into consideration. Thereafter applicant filed OA 898/2009. This Tribunal vide Annexure A/20 order Dt. 13.01.2010 directed respondents to consider the aforesaid pending representations. Respondents thereafter rejected those representations vide the impugned Annexure A/21 order Dt. 30.03.2010. According to him, he is entitled to be promoted to the post of Office Superintendent Grade -II with effect from 1.3.1993 and also with effect from 1.11.2003. He states that he is a member of the Scheduled Caste. He further states that he was not called to take the Departmental examination for selection to post of Office Superintendent Gr.II in the year 1993 also where he could take part and his result could be kept under sealed cover. He was called for written examination for the aforesaid post only on 20.3.2009 wherein he was declared failed. He therefore seeks the relief as under: