RAKESH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment disposes of civil writ petitions Nos. 8896 of 1990 and 978 of 1990 alongwith civil miscellaneous No. 9780 of 1991 since common question of law and facts arise for determination therein To resolve the dispute raised in these petitions, reference has been made to the facts from the pleadings in civil writ petition No. 8896 of 1990, Facts first:

(2.) THE petitioner joined respondent No. 2 as a Clerk-cum-Cashier-cum Godown Keeper on March 26, 1981. He was confirmed on the said post on September 26, 1981. He was promoted as a Cashier-Incharge in October, 1984. Till November 1989, he was posted at Sultanpur Lodhi. Thereafter he was transferred to the Railway Road Branch, Hoshiarpur, at his own request as Clerk-cum-Cashier cum Godown Keeper. In February, 1990 he was promoted as a Cashier-Incharge. Respondent No. 2 issued a circular dated March 29, 1990 for selection of Cash Officers in Junior Management Grade Scale-I (for short J. M. G. S.-I) The eligibility criteria was as under :

(3.) THE Motion Bench permitted the petitioner to sit in the written test. At the time of hearing of these petitions, learned counsel for respondent No. 2 stated at the Bar that petitioners in civil writ petition No. 978 of 1990 were not successful in the written test and that the result of petitioner in civil writ petition No. 8896 of 1990 was not officially declared but he had information that they were unsuccessful in the written test In the light of the statement, the writ petition deserves to be dismissed having been rendered infructuous but the learned counsel for the petitioners maintain that the writ petition should be disposed of on merits. It was under these circumstances that I heard the parties at length on merits of the controversy.