LAWS(ORI)-2017-7-46

UNION OF INDIA Vs. BABIN KUMAR DASH

Decided On July 20, 2017
UNION OF INDIA Appellant
V/S
Babin Kumar Dash Respondents

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is by the Union of India represented through the General Manager, East Coast Railways, Bhubaneswar wherein the order dated 17.9.2014 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No. 942 of 2010 is under challenge, whereby and where under the Tribunal while disposing of the original application has given a declaration regarding exclusion of name of the applicant from the final merit list on the ground of lack of Foot-Plate experience, is bad in law and accordingly directed them to take follow up action based on the performance of the applicant in the test as has been extended to other similarly placed persons who were parties in O.A.Nos. 598 of 2006 and 724 of 2006, the exercise to be completed within period of 90 days from the date of receipt of copy of this order.

(2.) The fact of the case is that the applicant before the Tribunal had joined service as Assistant Driver on 3.7.1992 under the Kharagpur Division of South Eastern Railway, on option he has been transferred and joined in the Electrical Department of East Coast Railway on 21.5.2003, posted as Traction Loco Controller vide order dated 30.6.2003, he was absorbed in the Electrical Department of East Coast Railway Headquarters Office w.e.f. 1.11.2003. The respondents had issued notification for filling up of eight posts of Loco Inspectors at Headquarters Electrical Department on 21.7.2006 which was subsequently been revised on 8.2006. The applicant along with others applied for appearing at the test which was held on different dates and final result was published vide memorandum dated 1.1.2008 in which the name of the applicant was shown at sl.no.1 with remark 'passed', final result published vide memorandum dated 1.1.2008 was modified vide memorandum dated 28.10.2010 in which the name of the applicant did not find place for the reason that he has not completed three years of service of Foot-Plate experience in LP-Sr.LP(Good/Passenger/Mail/Express), as such he has filed the original application seeking the following reliefs:

(3.) The applicant has taken ground that the issue, on the basis of which his candidature has been rejected, has already been decided by the Chandigarh Bench of the Central Administrative Tribunal wherein circular dated 7.10.2002 and the letter of the Railway Board by which they were barred from appearing in the written test as well as viva voce test, the aspirants have been directed to be considered basing on their service rendered as Controller for the purpose of counting Foot-Plate experience required for the post of Loco Inspector and accordingly they were allowed to participate in the department examination. The said order has been confirmed by the Honourable Punjab and Haryana High Court vide order dated 2005 in C.W.P.No. 14403 of 2004.