VINAY BIHARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Railways.

(2.) The challenge raised is to the order of the Central Administrative Tribunal (hereinafter referred to as the Tribunal) wherein the petitioner had approached the Tribunal for a relief to the effect that the petitioner having been selected as a Commercial Clerk against an Advertisement in the year 1986 was entitled to the benefit of his merit according to the seniority and other consequential benefits as was extended by the Tribunal in similar cases in the order dated 21st of November, 2008 in O.A. No. 95 of 2001. It is also submitted that a writ petition filed against the same was dismissed on 24th of November, 2009 and consequently, applying the ratio of the said order and judgment, the petitioner should also be extended the same benefit.

(3.) The Tribunal has declined relief on two grounds; firstly, that the petitioner has arrived at a belated stage when he was on the verge of his retirement and; secondly, that he has been selected and appointed against a category of post which was different from that in which benefits had been extended in the case referred to above.