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1995 Supreme(SC) 601

R.M.SAHAI, SUJATA V.MANOHAR
Shreedharan Kallat – Appellant
Versus
Union Of India – Respondent


Advocates:
A.MARIAPUTHAM, ARUNA MATHUR, P.S.POTI, SUSHMA SURI

( 1 ) - This appeal directed against the order of the Central Administrative Tribunal does not raise by intricate question of law but it exposes very disturbing feature as the Tribunal not only commented upon the judgments rendered by the Kerala High Court in favour of the appellant which had been affirmed by this Court, but went on to hold that they had no binding effect as they appeared to be inconsistent with the Rules. This was against judicial comity and propriety. We do not approve of it.

( 2 ) THE appellant who was appointed as a Ticket Collector in 1950 was promoted as Travelling Ticket Examiner in 1951. He went on deputation as Railway Sectional Officer (RSO) in 1960. There he continued for nearly 12 years. He was reverted to the parent department on 2-2-73. It was challenged by way of two writ petitions. The petitions were allowed by the learned single judge. It was held that the appointment as Railway Sectional Officer was based on selection. The Court further held that the post was permanent and the claim of the Railways that it was a tenure post was not correct. This order was affirmed in appeal by the Division Bench and even the SLP filed in this Court was dismissed.












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