MRITUNJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Review Petition has been preferred seeking review of the judgment and order dtd. 20/11/2017 passed by Hon'ble Division Bench in Civil Writ Jurisdiction Case No. 14590/2017 by which this court refused to interfere with the decision of the Patna Bench of Central Administrative Tribunal ('CAT') in O.A. No. 765/2012 and dismissed the writ petition.

(2.) The review petitioner in this case joined the Indian Railway Medical Service (hereinafter referred to as 'IRMS') as Assistant Divisional Medical Officer (in short the 'ADMO') w.e.f. 17/10/2002 and completed his Kalavdhi of four years prescribed for promotion by the Railway Board for grant of Senior Scale post of Divisional Medical Officer. He cleared All India PG Entrance Examination and got admission in Kolkata Medical College for two years PG Diploma Course in Ophthalmology. For this purpose he was granted extraordinary leave from 18/8/2004 till 17/8/2006 for a period of two years. However the examination of the course was not conducted in time which caused overstay of the petitioner for a period of 18/8/2006 to 30/4/2007 beyond the sanctioned leave. The petitioner reported on his duty on 1/5/2007.

(3.) As per the railway report circular dtd. 29/7/2003 (Annexure R2/1) the empanelled Junior Scale Officers of IRMS may be promoted to Senior Scale on completion of four years of regular service in Junior Scale as ADMO even if the date of completion of four years of service is prior to the date of DPC.