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J. K. MAHESHWARI, VIJAY BISHNOI
Union Of India – Appellant
Versus
Alok Kumar – Respondent
| Table of Content |
|---|
| 1. outline of recruitment process and training requirements (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. appellants argue legality of respondent's termination (Para 13 , 14 , 15) |
| 3. respondent claims discrimination in termination (Para 16) |
| 4. judicial analysis affirming necessity of training completion (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. clarification on stipend recovery issue (Para 24) |
| 6. final order dismissing respondent's petition (Para 25 , 26) |
JUDGMENT :
Leave granted.
FACTUAL MATRIX
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3. The qualifying examination at the end of initial training of directly recruited non-gazetted staff through the Railway Service Commissions (now Railway Recruitment Board) must necessarily be a written test.
3.1. The candidates should be warned, at the time of their recruitment that their retention in service will be dependent on their succes
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
The main legal point established in the judgment is that a person holding lien on a permanent post of an organization falls within the definition of a Departmental Candidate and is eligible to appear....
Seniority among direct recruits is determined by the date of joining after training, as per the Indian Railway Establishment Manual.
The main legal point established in the judgment is that a claim may be dismissed on the grounds of estoppel and res judicata if similar grievances have been considered and dismissed in previous liti....
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