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2022 Supreme(Del) 756

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Yogender Kumar Pathak – Appellant
Versus
U. O. I. – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.K. Bhardwaj & Ms. Alisha Saini.
For the Respondents: Mr. Bhagvan Swarup Shukla with Mr. Sarvan Kumar.

JUDGMENT :

[Satish Chandra Sharma, J.]

1. This writ petition stems from the order dated 26.09.2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Hereinafter referred as “the Tribunal”) in O.A. 2115/2003 whereby the Tribunal dismissed the petitioner's challenge to the respondent's letter dated 09/14.07.2003. By way of the said letter, the respondents rejected the petitioner’s request for promotion to Fitter Grade-II and subsequently to Fitter Grade-I by referring to the seniority list dated 06.10.1990 whereby the petitioner was placed at a lower place in the seniority list as a consequence of his transfer on “own request'' basis. Before adverting to the reasoning of the Tribunal in the impugned order, we shall set out the facts of the case in brief.

2. The petitioner joined the railways as Khallasi/diesel cleaner on 09.07.1981 and was promoted as Sr. Khallasi/ Khallasi Helper on 01.01.1988 as a result of upgradation of the post. Meanwhile, on 30.04.1986, the respondents initiated a proposal to install a new electric loco shed at Tughlakabad, Kota Division of the Western Railway. The petitioner requested for transfer to the newly installed loco shed on pers

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