MANMAN DAS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order of Central Administrative Tribunal (C.A.T.), Cuttack Bench Cuttack.

(2.) THE petitioner joined the railway service as substitute 'Khalasi' on 25.06.1974 at Kharagpur. On establishment of Mancheswar Carriage Repair Workshop in Orissa, he opted to come to aforesaid Mancheswar Carriage Repair Workshop as 'Khalasi Helper' (semi skilled). Accordingly, he joined in Mancheswar Carriage Repair Workshop on 01.03.1985. During his incumbency he passed several tests including the Grade -II test and was promoted to Grade -II with effect from 01.01.1989. Shri S.S. Rao, (opposite party no.3), who had joined railway service subsequent to the petitioner on 23.10.1976 had also opted to come to the Mancheswar Carriage Repair Workshop. Said Shri S.S. Rao (opposite party no.3) was promoted to Grade -I on ad hoc basis with effect from 01.08.1987. Being aggrieved by promotion of opposite party no.3, the petitioner represented before the authorities on 22.02.1991. The petitioner also passed Grade -I test and was promoted to Grade -I on Ad hoc basis vide order dated 15.05.1991 (Annexure -1). The order of promotion passed vide Annexure -1 was cancelled vide order dated 05.09.1992 (Annexure -2) and the petitioner was reverted to the Grade -II post. The petitioner moved the Central Administrative Tribunal, Cuttack Bench Cuttack (C.A.T.) seeking relief to quash the cancellation order dated 05.09.1992 Annexure -2 and further seeking a declaration to the effect that he is senior to opposite party no.3.

(3.) LEARNED counsel for the petitioner does not impugn the order of the Tribunal on the issue of inter se seniority between the petitioner and opposite party no.3. He, however, impugns the order of the learned Tribunal on the issue of quashing of Annexure -2 on the ground that once the petitioner having promoted and held the promotional post, the promotion order could not have been cancelled without giving an opportunity of being heard to the petitioner. It is further submitted that the right of the petitioner having been affected substantially by issuance of the cancellation order vide Annexure -2, equity demands that the order of cancellation of promotion should have been quashed and the petitioner should have been treated to have continued in the promotional post with all the consequential financial benefits from the date of his promotion without being affected by the cancellation order vide Annexure -2. Learned counsel for the petitioner relies on a decision of this Court rendered in the case of Ram Binay Sharma Vrs. Chairman Coal India Ltd. and others (W.P.(C). No. 4047 of 2007, disposed of on 17.06.2008).