SHIVJI RAY Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Applicant, Shri Shivji Ray filed a writ application in the Hon'ble High Court at Calcutta which by operation of' Sec. 29 of the Administrative Tribunals Act, 1985 came to this Tribunal by way of transfer for disposal.

(2.) The applicant entered Railway Service in the Alipurduar Junction Division under the N.F. Railway as a Porter in Class IV Grade on. 11.9.1966. In 1978 as per the policy 'of the respondents Railway for appointment of persons from Class IV Grade on promotion to Class III Grade against 33.1/3% of the vacancies for 1976 applications were invited from the candidates eligible for such promotion. The applicant applied for one such post. On 5.3.1978 a written test was held and beeves successful. As a result he was called for a vive voce test which was held on 20.3,1978 and the applicant was successful in that test also. On 11.4.1978 a list was published who showing the names of successful candidates in which the applicant's name was included. After that test also. On 11.4.1978 a list was published showing the names of successful candidates in which the applicant's name was included. After that an Order was issued on 2.5.1978 by respondent No. 2 promoting the applicant as a Signaller Staff in Class III Category A Signaller had to undergo training an telegraphy As such training was not scheduled to be held before January, 1979 the applicant was promoted to the post of Junior Twins Clerk in Class III Category by an Order issued on 17.8.1978. He was posted at New Bongaingaon. Pursuant to that Order the applicant joined that post on 19.8.1978. Thereafter on 31.8.1978 the Divisional Railway Manager (P), Alipurduar Junction Division published a provisional seniority list of Trains Clerks of Alipurduar Junction Division and in that list the applicant was shown against serial 164. Since his appointment as a Junior Trains Clerk the applicant got his annual increments duly. On 7.12.1981 an Order was passed by the Divisional Railway Manager, Alipurduar Junction by which, the panel of the selected candidates for promotion from Class, IV Category to Class III Category was cancelled. By that order -the promotions given to the persons shown in the panel including the applicant were treated as ad hoc promotions. The applicant challenges that Order as arbitrary and as in complete violation of the principles of natural justice. According to him without assigning any reason and without giving him an opportunity of making his submissions the respondent Authority could not lawfully cancel the panel and annul his promotion. In filing the application the applicant has prayed fear quashing the said Order of cancellation.

(3.) The application has been contested by the respondents. The facts of the case as narrated in - the writ application have been admitted by the respondents in their reply. But it is their case that the panel of successful candidates in which the applicant's name was included was cancelled by the General Manage, N.F. Railway for various irregularities in conducting the selection. According to the respondents, the General Manager was quite competent to cancel the panel on reasonable ground and against that the applicant cannot have any say especially when he was promoted to Class III post purely on ad hoc basis.