UNION OF INDIA Vs. MANISHA KUMARI

JUDGEMENT

(1.) Heard Shri S. D. Sanjay, learned Additional Solicitor General of India, Shri P. K. Verma, learned Senior Counsel along with Dr. Anand Kumar for the petitioners- Railways and Shri M.P. Dixit, learned counsel for the respondent. The writ petition had been entertained and an interim order had been passed on 18th September, 2018 staying the operation of the impugned judgement.

(2.) After a marathon argument by both sides, the contentions that have been raised by the respective counsel for the parties, focuses on the issue as to whether the respondent-applicant Manisha Kumari has been rightly reverted vide order dated 28 th March, 2018 followed by an order of communication dated 16th May, 2018 to the post of Group-D on the ground that she has failed to clear the typing test which, according to the petitioner, was compulsory and was the minimum eligibility required for her promotion to the post of Lower Division Clerk (LDC) from where she has been reverted.

(3.) The Tribunal by the impugned judgement dated 20 th July, 2018 accepted the claim of the respondent holding that she had acquired the right of continuing as an LDC keeping in view the Office Memorandum dated 22nd April, 2015 that was made applicable by the Railways in the present case with effect from 16th January, 2017 and consequently has quashed the order of reversion with consequential benefits to the respondent-applicant.