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2000 Supreme(SC) 1964

S.N.VARIAVA, S.RAJENDRA BABU
A. J. Fernandis – Appellant
Versus
Divisional Manager, South Central Railway – Respondent


JUDGMENT

S.N. Variava, J.-These Appeals are against a Judgment dated 11th December, 1987 in a Petition filed by the 3rd Respondent before the Central Administrative Tribunal and an Order dated 22nd August, 1988 by which, pursuant to Judgment dated 11th December, 1987, the 1st Respondent has determined that Appellant is junior to 3rd Respondent and reverted him to post of Poster in the Commercial Department.

3. The 3rd Respondent has not appeared even though served.

4. Briefly stated the facts are as follows :

On 22nd July, 1972 the Appellant was appointed as a Porter on casual basis in the Transportation (Traffic) Department of the South Central Railway, Hubli Division. On 1st March, 1973 the Appellant was conferred a temporary status.

The 3rd Respondent was appointed as a Porter in the Commercial Department on 30th August, 1974.

5. Rule 180 of the Railway Establishment Manual reads as under :

"180. Transportation (Traffic) and Commercial Department :-

All railway servants in the lowest group should be eligible for consideration for promotion to higher grades in both the Transportation and Commercial Branches. Applications should be invited from amongst candidates eligible for promotion f













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