UNION OF INDIA Vs. SRI R. CHAKRAPANI

JUDGEMENT

(1.) This writ petition is filed for a Certiorari to quash the judgment, dated 24.02.2003, in O.A. No. 1514 of 2002 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short the Tribunal).

(2.) We have heard the learned counsel for both the parties and perused the record.

(3.) While the respondent was working as Shroff in South Central Railway, Secunderabad, he could not get selected for the post of Senior Shroff. He approached the Tribunal by filing O.A. Nos. 277 of 1996 and 144 of 1999. He was, however, unsuccessful therein. The respondent filed W.P. No. 15248 of 2000 against order, dated 07.02000, in O.A. No. 144 of 1999 of the Tribunal. A Division Bench of this Court, by order, dated 18.12.2001, allowed the writ petition holding that the post of Senior Shroff was wrongly treated as a selection post and that in the absence of notification issued by the Railway Board, the said post is required to be treated as a non-selection post in terms of Rule 169(3) of Indian Railway Establishment Manual, Volume-I (IREM). On the said premises, the Division Bench set aside order, dated 07.02000, O.A. No. 144 of 1999. A direction was also issued to the Railway Administration to promote the respondent to the post of Senior Shroff with effect from the date on which his immediate junior was promoted, subject to the respondent fulfilling the other eligibility criteria prescribed under the relevant Rules and Regulations. Assailing the said order, the Railway Management has filed an appeal (civil) along with special leave petition. After granting leave, the Supreme Court has dismissed the appeal, leaving the question of law open. Following the dismissal of the appeal by the Supreme Court, the petitioners have issued Office Order No. 27 of 2002, dated 02.09.2002, giving promotion to the respondent to the post of Senior Shroff with effect from 006.1996, the date on which his immediate junior was promoted. As the respondent was not paid arrears of salary, he has filed C.C. No. 741 of 2002 in this Court. A Division Bench of this Court has dismissed the contempt case, vide its order, dated 17.09.2002. While taking note of the fact that the order passed by it in W.P. No. 15248 of 2000 does not contain a specific direction to pay the arrears of salary and other dues arising out of the promotion, the Division Bench, however, left it open for the respondent to raise a demand in that regard with the Railway Administration and closed the contempt case.