Order

This special leave petition is filed against the order dated August 6, 1983 of the Central Administrative Tribunal, Calcutta Bench made in O.A. No. 747/1987. The admitted position is that the petitioner was appointed on ad hoc basis as a casual worker (Khalasi) on August 1, 1962. He was terminated by an oral order on September 18, 1964. He challenged his termination by filing title suit No. 34/68/117 of 1967 in the Court of Learned Munsif, Asansol which was decreed; the order of termination was declared as illegal, void and inoperative and it came to be confirmed in appeal. Thereafter the petitioner was reinstated and the consequential benefits were given. He was, admittedly, reinstated on July 14 1971. He is claiming the status of regular employee w.e.f. the initial date of his appointment on par with other candidates. It is not in dispute that as per Rule 3511© of Indian Railway Establishment Manual, unless the candidate is sent before the Medical Board and selected by the regular selected Committee, he has no right to the post. Obviously since the report of the medical examination was not found on record, he was asked to appear or medical examination in 1987 which medi