High Court Of Rajasthan
Judgename : S.N. Jha,P.S. Asopa
Fazalluddin - Appellant
Versus
Union of India - Respondent
DB Civil Writ Petition No. 6801 of 1997
Decided On : 08/18/2006
Central Administrative Tribunal - Reversion of Employee - Indian Railway Establishment Manual - [FACT OF THE CASE] The petitioner was involved in a dispute regarding his reversion from the post of Compositor Gr.II to Compositor Gr.III and subsequent promotions and reversion of other employees. [FINDING OF THE COURT] The Central Administrative Tribunal found that the reversion of the petitioner and the promotions of other employees were not in accordance with the rules and were not maintainable. [ISSUES] The issues revolved around the reversion and promotions of employees in the Compositor cadre and the interpretation of the Indian Railway Establishment Manual. [RATIO DECIDENDI] The court relied on the provisions of the Indian Railway Establishment Manual and the observations made by the Central Administrative Tribunal in previous judgments to reach its decision. [FINAL DECISION] The court dismissed both the writ petitions.
P.S. Asopa, J.-Since the controversy raised in the aforesaid two writ petitions is based on common facts and question of law as decided by the Central Administrative Tribunal, therefore, both the writ petitions were heard together and are being decided together.
2. The Writ Petition No. 6801/1997 is directed against the Judgment of the Central Administrative Tribunal dated 02.09.1997 passed in OA No. 46/97 filed by the petitioner whereby his reversion order dated 14.01.1997 from the post of Compositor Gr.II to Compositor Gr.III has been held to be valid being passed in compliance of the Central Administrative Tribunals Judgment dated 04.01.1996 in OA No. 157/95 -Bishan Lal vs. Union of India & Ors. wherein the petitioner was one of the respondent and did not challenge the same. The OA filed by petitioner was dismissed being not maintainable.
3. In Writ Petition No. 5389/2001, the petitioner has challenged the Judgment dated 16.05.2001 of the Central Administrative Tribunal in OA No. 71/1996 wherein Shri Puran Singh and 4 others filed the original application against the order dated 17.01.1996 of promoting Respondent No. 4 of the said appeal (present petitioner) as Compositor Gr.II in Ticket Printing Press which has been held to be illegal and further direction has been given to restore the position of the applicants as if Respondent No. 4 had not been absorbed against the sanctioned strength of the cadre of Compositors in Ticket Printing Press (For short "TPP") for the same reasons mentioned in Judgment dated 04.01.1996 in OA No. 157/95 and further observations made by the Central Administrative Tribunal in Para No. 18 in aforesaid Judgment dated 04.01.1996 for accommodation of the petitioner in the Compositor cadre without prejudice to the right of any eligible person have been explained.
4. All the facts of earlier writ petition have been mentioned in the subsequent writ petition also wherein the Judgment of the Central Administrative Tribunal (For short "the CAT") dated 16.05.2001 is challenged, therefore, facts have been taken from the said petition.
5. The petitioner was appointed as Khalasi in Store Department vide order dated 09.04.1977. Subsequently, petitioner was transferred in TTP as Khalasi and vide order dated 03.02.1979, petitioner was promoted as Junior Compositor in the pay scale of 210-290. Thereafter, trade test for the post of Compositor Gr.III was conducted, but the petitioner failed. It has been averred by the petitioner that on 210.1981, the General Manager decided to give one more chance to the failures. On 13.01.1982, petitioner was promoted as Junior Proof Reader after passing the trade test in the pay scale of 260-400. On 20.06.1983, Railway Board passed the order of re-classification of grades and pay scale of 210-290 and 260-400 were merged. On 21.04.1984, petitioner was reverted to the post of Helper Khalasi on the ground of non-availability of the post of Junior Proof Reader. On 02.03.1985, petitioner was again promoted to the post of Junior Proof Reader on officiating basis in the pay scale of 260-400. On 16.02.1994, an order was passed by the General Manager to implement the order dated 210.1981 permitting the failures to avail one more chance of trade test for promotion to the post of Compositor Gr.III. On 211.1994, Deputy Controller, Ajmer passed an order permitting the petitioner and other candidates, who failed in the result dated 29.05.1981 to re-appear in the test for promotion on the post of Compositor Gr. III. Shri Bishan Lal received a notice dated 17.02.1995 by which he was informed that Respondent Nos. 4 & 5 had submitted an appeal and if decision thereon had been taken to the effect that as per the provisions of Rule 228 of the Indian Railway Establishment Manual, they had to be brought back to their original post of Compositor occupied by them on 01.08.1978 and on their passing trade test, they would be given seniority with reference to the position of their Junior Puran Si
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