S GOVINDA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions have been field against the common judgment and order dated 21.3.2002 passed by the Central Administrative Tribunal, Cuttack Bench in the Original Applications field by the petitioners. S. Govinda Rao, petitioner in W.P.(C) No. 3198 of 2002, had filed O.A. No. 569 of. 2001, B.K. Mohanta, petitioner in W.P.(C) No. 3199 of 2002, had filed O.A. No. 561 of 2001, B. Suryanarayan, petitioner in W.P.(C) No. 3451 of 2002 had filed O.A. No. 573 of 2001, and M. Ganapati Rao, petitioner in W.P.(C) No. 4149 of 2002, had filed O.A. No. 596 of 2001. These Original Applications were disposed of along with other Original Applications in batch by a common Judgement. The Original Applications filed by these petitioners were disposed of in a different manner than the Original Applications filed by other persons, particulars of which are given below :

(2.) B . Suryanarayan, petitioner in W.P. (C) No. 3451 of 2002, belongs to ministerial staff and the other petitioners belong to -the cadre of driver. Therefore, the Case of B. Suryanaran is being discussed separately. He was initially engaged as Gangman, Khalasi on 6.1.1972 and continued as such till 24.12.1982. With effect from 25.12.1982 he has worked as Store Man also. On 3.5.1986, he was empanelled in Class -IV category in Open Line under Mancheswar Workshop in regular cadre. On 19.3.1991, on his own request, he was transferred from C.R.W./MCS to the office of the Deputy C.E.E.(C), Cuttack as Khalasi in the same scale and capacity against T.L.R. post. On 24.5.1991, he was given promotion as Record Shorter on ad hoc basis. This was done after judging his performance on the recommendation of the Deputy Chief Electrical Engineer (C), Cuttack and after getting approval of the competent authority. Thereafter, he was again promoted in the same manner to the post of Junior Clerk on 16.4,1 992, that too on ad hoc basis. His third ad hoc promotion was made on 2.6.1997 from Junior Clerk to Senior Clerk. Thereafter, the Railway Board issued circular on 13.12.1999 for the first time, which is discussed below, restraining second ad hoc promotion, as a result of which he was ordered to be reverted to the post of Junior Clerk vide order dated 30.11.2001. Being aggrieved, he filed the O.A., which was disposed of along with a batch of other O.As., with direction in so far as it relates to this petitioner to the effect that the authorities would consider his case on his submitting a representation.

(3.) WE may also notice that while disposing of the batch of Original Applications vide the impugned order, the Tribunal has set aside the orders of reversion of applicants in O.A. Nos. 509 and 603 of 2001, namely, Chintamani Mohanty and and Ors. who were also promoted on ad hoc basis from the post of Senior Clerk to the post of Head Clerk. Such promotions were second ad hoc promotions, and in similar circumstances, orders for their reversion to the posts of Senior Clerk were issued. Against that order of the Tribunal, the Union of India through the South Eastern Railway had filed two petitions, i.e., OJC Nos. 5477 and 5459 of 2002, which have been dismissed by us on 7.3.2006.