GOLOK BARMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In challenge is the judgment and order dated 28.6.2010 rendered by the learned Central Administrative Tribunal, Gauhati Bench, Guwahati (for short, hereinafter referred to as 'the Tribunal') in Original Application No. 266 of 2007 disposing therewith as well M.P. No. 88 of 2010. We have heard Mr. M. Chanda, learned counsel for the petitioner assisted by Ms. U. Dutta and Mr. S. Nath, Advocates and Mr. A.K. Sarkar, learned Standing Counsel, NF Railways for the respondents.

(2.) The facts in brief to comprehend better the rival submissions can be assembled from the rival pleadings. The petitioner who was appointed as a Junior Clerk on 28.5.1985 with the respondent Railways was promoted as Senior Clerk on 19.9.1993. While posted at Maligaon he earned further promotion to the post of Head Clerk (E) under CPO, Maligaon. Consequent upon an administrative decision, the Rangiya Unit of the erstwhile Alipurduar Division of the NF Railways was bifurcated to constitute an independent Division and, as a matter of fact, it came into existence as such with effect from 1.4.2003. In order to appropriately configure the two Divisions following the bifurcation as contemplated, it was decided that the actual staff of the Personnel Branch of the Alipurduar Division will be divided in the ratio of 50:50. For this out of the 163 clerical staff serving in the Personnel Branch of the Alipurduar Division, 22 were identified to be non-divisible and on the apportionment of the remaining 141, the Rangiya Division was allotted 70 posts. At the time of creation of the Rangiya Division there, however, existed 10 posts in the Personnel Branch and thereafter 16 more serving personnel came from different divisions thereto. This notwithstanding, though the petitioner had opted for the Rangiya Division prior to 1.11.2003 and was in fact taken in its rolls before that date, he was eventually spared from the office of the CPO, Maligaon on 28.11.2003 (A/N) and did actually join the Rangiya Division on 1.12.2003.

(3.) According to the petitioner, in view of the above sequence of events his name was included for consideration for upgradation at the Rangiya Division in terms of the Railway Board's letter No. PC-III/2003/CRC/6 dated 9.10.2003 (for short, hereinafter referred to as 'Instructions on Restructuring/IOR') followed as policy guidelines on the subject, it being his specific case that he had never been considered for upgradation at Maligaon before he was released therefrom on 28.11.2003. The petitioner has pleaded that though following the policy decision of bifurcation of the Alipurduar Division by constituting the Rangiya Division the cadre of the latter was closed with effect from 1.11.2003, only 10 posts out of the 71 earmarked to be sliced away from the Alipurduar Division were transferred by that date and the remaining 61 posts were allocated to it (Rangiya Division) on various dates by communications No. E/191/AP(C)RNY-Divn/47/A dated 10.6.2004, No. E/191/AP(C)RNY-Divn/47/A dated 6.1.2005 and No. E/191/AP(C)RNY-Divn/47/A dated 14.11.2005 transferring 20, 9 and 32 posts respectively in installments.