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1995 Supreme(SC) 679

J.S.VERMA, SUJATA V.MANOHAR
Amalesh Chandra Chakraborty – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SHARMA, CHANDAN RAMAMURTHI, H.K.PURI, M.P.SHORAVALA, N.N.GOSWAMY, TAPAS RAY

(1) SPECIAL leave granted.

(2) THE present appeal is from an order of the central Administrative tribunal, Calcutta bench, dated 6/5/1994 by which the appellants appointments to the post of Guard have been set aside. At the material time the appellants were holding the substantive posts of Train Clerks in the pay scale of Rs. 1,200-2,040 (RP). They were, however, provisionally promoted to the posts of Assistant Head Train Clerks in the pay scale of Rs. 1,400-2,300. The Eastern Railway issued a Circular dated 10/9/1991 for filling up the 152 posts of Goods Guards which included the backlog of previous selection, in the pay scale of Rs. 1,200-2,040, by departmental promotion from different eligible streams. One of the eligible streams was of Train Clerks in the pay scale of Rs. 1,200-2,040 (sic). Under the Circular dated 10/9/1991 the last date for sending applications was 30/9/1991. Since the appellants were holding the substantive post of Train Clerks they applied for their reversion to the substantive post of Train Clerks and applied for the post of Guard as per the Circular dated 10/9/1991. The applications were made before 30/9/1991. The request of the appellants




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