RADHA KRISHNA BHAGAT Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioner has challenged the order dated 9th September, 1999. passed by the Central Administrative Tribunal, Patna Bench, Patna dismissing the Original Application No. 17 of 1997 filed by him for directing the respondents to extend the benefit of promotion to the post of Hindi Superintendent from the date of promotion of his next junior, i.e. with effect from 1.10.1993 with arrears of pay and allowances with interest on arrears and to declare that he will be deemed to have been posted as Hindi Superintendent at Katihar with effect from 8.4.1996 on transfer of Sri K.R Singh to Maligaon.

(2.) THE petitioner was posted as Hindi Assistant, Grade I under the Divisional Railway Manager (Rajbhasa), N.F. Railway, Katihar. A selection test was held for appointment to the post of Hindi Superintendent and the petitioner was selected vide selection list dated 10.9.1993. He was posted as Hindi Superintendent at Lumding (Assam) vide order dated 30th September/1st October, 1993. Two others who were junior to the petitioner were also selected by the same order and they were promoted and on promotion they were posted at their place where they were working from before. The petitioner did not join at Lumding (Assam). On the other hand on 14.10.1993 he filed a representation requesting the authorities to post him at Katihar by transferring, if necessary, one post to Katihar which was lying vacant at Maligaon (Assam). The Divisional Railway Manager (P), N.F. Railway, Katihar, forwarded the application of the petitioner to the General Manager (P) vide memo dated 9.11.1993 as well as to the Mukhya Rajbhasha Adhikari, N.F. Railway. The Divisional Railway Manager, N.F. Railway, Katihar also wrote D.O. letter to the Mukhya Rajbhasha Adhikari, N.F. Railway requesting to post the petitioner on promotion as Hindi Superintendent at Katihar itself by transferring one vacant post of Hindi Superintendent from the Railway Headquarters, Maligaon.

(3.) ON 8.4.1996, one Sri K.P. Singh, retired from the post of Hindi Superintendent, Katihar and the Divisional Railway Manager, Katihar, directed the petitioner to take over the charge on the post of Hindi Superintendent and since then he is performing the duties of Hindi Superintendent but he is not being paid his salary etc.