Aas Mohammad vs Union Of India - 2017 Supreme(Online)(CAT) 723

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2017 Supreme(Online)(CAT) 723

Central Administrative Tribunal, Allahabad Bench, Allahabad Original Application Nos. 803/2011 and O.A. No. 949/2011 Order Reserved on 21.11.2016 Order Pronounced on 01.02.2017 Hon’ble Mr. Justice Dinesh Gupta, Member (J)
Hon’ble Mr. O.P.S. Malik, Member (A)
O.A. No.803 of 2011
1. Aas Mohammaed son of late Lookman, R/o Village Milak Kundewali, Post Devapur, Tehisl Sadar, District Moradabad at present working as Guard.
2. Kripal Singh son of Late Jeewan R/o Village Bhogpur Mithauni Sirkui Tehsil Sadar, District – Moradabad at present working as Guard.
3. Babool Ram S/o Sri Janaki Prasad, R/o Railway Harthala Colony Q.
No.H 163/B Tehsil Sadar, District Moradabad.
3A. Lakshman S/o Sri Sanchit R/o Railway Colony Moradabad U.P.
4. Lakshman Singh II S/o Lekhraj R/o Bhogpur Mithauni Sirkui Tehsil Sadar, District Moradabad.
4A. Ompal Singh S/o Sri Parami Lal
5. Nanak Chand S/o Ram Lal R/o T-1, 227 Railway South Colony, Tehsil Sadar, District Moradabad.
6. Anup Singh S/o Phool Singh, R/o Village Bhola Singh Ki Milak, Tehsil Sadar, District Moradabad.
7. Sher Singh Son of Balwant Singh R/o Railway Harthala Colony R/o Railway Harthala Colony Tehsil Sadar, District Moradabad.
8. Prahald Singh son of Ram Ratan R/o Railway Harthala Colony Tehsil Sadar, District Moradabad.
9. Komal Singh S/o Dariyav Singh R/o 3-B Railway Junction, Railway Colony, Moradabad.
.............. Applicants By Advocate : Shri A.K. Pandey Versus
1. Union of India through General Manager, Northern Railway New Delhi.
2. The Divisional Railway Manager, Moradabad Mandal Moradabad.
3. Senior Divisional Personnel Affairs Moradabad, Mandal Moradabad.
4. Om Prakash son of Laksman Singh
5. Nand Kishore Kashyap S/o Shambhu Nath Kashyap
6. Ramesh son of Shankar
7. Kashmir Singh S/o Ajeet Singh
8. Madan Lal S/o Durga Ram
9. Sompal S/o Narain Singh
10. Pushan Singh S/o Ghasi Ram 11. Karan Singh S/o Nanak Singh Respondents No. 4to 11 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
12. Udai Ram S/o Gopal Singh Respondents No.12 is placedas ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
13. Ganga Sagar Ram S/o Lal Ji Ram Respondent No.13 is placedas guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
14. Ajay Kumar Sharma S/o Krishna Swaroop Resident No.14 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
15. Yudhishter Lal Arora S/o Devi Das
16. Mool Chand Pachori S/o Ganwashi Lal Pachori
17. Ram Bilas S/o Rewati Ram 18. Kunwal Sen S/o Sita Ram
19. Awadhesh Kumar S/o Late Dujai Prasad
20. Kunwal Pal Singh S/o Raj Pal Singh
21. Ahmad Navi Basharat S/o Late Mohd. Husain. Respondents No.15 to 21 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
22. Jamil Ahmad S/o Abdul Gaffar. Respondents No.22 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
23. Chandrapal Singh IInd S/o Horam Singh
24. Rajvir S/o Bhikam Singh
25. Hari Singh S/o Rupam Singh
26. Chandra Prakash S/o Late Makhu Lal
27. Anil Kumar S/o G.C. Lal Respondents No.23 to 27 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
28. Charan Singh S/o Ram Swaroop Respondents No.28 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
29. Mahendra Kumar S/o Ram Krishna
30. Bhagwan Bux S/o Bhajja
31. Suresh Kumar S/o Ram Kiwshor 32. Brijpal Singh son of Ratan Singh
33. Ram Pal Singh S/o Late Raghuvir Singh
34. Anil Kumar Sharma S/o Ramesh Chandra Sharma
35. Chandrapal Singh S/o Chotey Lal
36. Bhupendra Kumar S/o Ram Bhajan
37. Shakil Ahmad S/o Ali Ahmad
38. Satyapal Singh S/o Layak Singh
39. Umesh Chandra Saxena S/o Chiranji Lal
40. Kailash Chand S/o Manju Lal
41. Mukesh Giri S/o Hari Giri
42. Anang Pal Singh S/o Hriday Ram 43. Ragiq Ahmad S/o Mnjoor Ahmad Respondents No.29 to 43 are placed as guard in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
44. Sri Pal S/o Late Sh. Mangalu
45. Karan Singh S/o Narain Singh
46. Ratan Lal S/o Panna Lal Respondents No.44 to 46 are placed as ASM in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
47. Warukesh N.G. Son of George Abraham
48. Kailash Chandra S/o Babu Ram
49. Mahendra Kumar Yadav S/o Late Sh. Krishna Yadav
50. Kishori Lal Son of Shri Krishna
51. Modh. Sakulludin S/o Imamudin
52. Mukund Lal Son of Nanhe Lal
53. Madan Singh S/o Late Manphool
54. Jitendra Singh S/o Late Jawahar Singh
55. Vionit Kumar S/o Late Banwari Lal
56. Subas Singh S/o Late Geg Raj Singh
57. Ravi Shankar Mishra Son Gokhleshwar Mishra Respondents No.47 to 57 are placed as guard in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
58. Ram Sagar Pandey S/o Sita Ram Pandey Respondents No.58 is placed as ASM in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
59. Kamal Kishor S/o Anganu
60. Omkar Singh Son of Late Sukkhi Singh
61. Vinod Kumar S/o Mahavir Singh
62. Raj Kumar S/o Mahavir Singh
63. Vijendra Kumar S/o Late Mukh Lal 64. Kailash Chandra son of Hira Singh
65. Mahipal Singh S/o Late Dhan Singh
66. Shivji Prasad S/o Rameshwar
67. Lakshman Swaroop Sharma S/o Late Panna Lal Sharma Respondents No.59 to 67 are placed as guard in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
68. Ram Tej Son of Ram Autar Respondents No.68 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
69. Shiv Shankar Singh son of Late Ram Swaroop Singh
70. Mohan Singh son of Mewa Singh
71. Mahaveer Singh son of Shandrapal Singh
72. Jahid Ali Khan Son of Fida Hussain Respondents No.69 to 72 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
73. Hari Om Son of Late Sh. Batoo Lal.
Respondent No.73 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
74. Krishna Pal Singh son of Bhoop Singh
75. Ajay Singh son of Late Sripal Singh
76. Sanjeev Kumar Gupta son of Ved Prakash
77. Harish Pal son of Late Om Prakash
78. Het Ram Azad son of Ram Bhajan
79. Daulat Singh Son of Dharam Singh
80. Jagdish Prasad son of Ram Bharosey
81. Ravindra Kumar Sharma son of Late Mamraj Sharma
82. Umr Farooq Ahmad son of late Sh. Khaliq Ahmad
83. Soran Pal Son of Deep Chand
84. Mohd. Arif Son of Aliya
85. Dinesh Kumar Kashyap son of Asharif Lal
86. Lalmani son of Babban
87. Tulsi Ram son of Vasu Dev
88. Rameshwar Prasad son of Ram Baran
89. Manoj Kumar Tomar son of Bhopal Singh
90. Anil Kumar Sharma son of Brij Nandan Sharma
91. Brijendra Kumar son of Bhagmal Singh
92. Jagroop son of Maku Lal
93. Manvir Singh son of Hosh Ram Singh
94. Ramesh Singh son of Sant Vinay Singh
95. Ram Kumar son of Banke Lal
96. Dharam Pal son of Ahivaran Lal
97. Arun Kumar son of Chaman Singh
98. Virendra Kumar Sharma son of Ram Prasad
99. Awadhesh Kumar Son of K.B. Lal Dixit
100. Siya Ram Mina son of Punya Ram Mina
101. Abdul Kadir Khan son of late Nasser Khan 102. Amit Rishi son of Upendra Kumar Sharma 103. Suresh Kumar Son of Ram Prasad Rathore
104. Madan Lal son of Shankar Singh
105. Krishna Kumar son of late Raj Pal
106. Lalit Kumar son of Mukand Lal
107. Mangat Ali son of late Imamuddin 108. Satyapal Singh son of Bullu Singh
109. Virendra Kumar son of Baleshwar Prasad
110. Brij Prakash son of Ram Asarey
111. Abhishek Kundesiya son of Ram Kekesh Kumar 112. Ajay Kumar Saini son of Rupendra Kumar Saini
113. Kishan Singh son of Mahavir Singh 114. Rajul Saini son of Prem Sagar Saini
115. Dheeraj Kumar Yadav son of Radha Kishan
116. Het Ram son of Shiv Charan
117. Wilium son of Late Mangali
118. Rinku Kashyap son of Suresh Chandra
119. Bindu Kumar Singh son of Vishwanath Singh
120. Sunil Kumar Son of Ram Kishan Saini
121. Mahavir Singh son of Ram Kisan
122. Naresh Gurang son of Arjun Singh Gurang
123. Satish Chandra son of Khyali Ram
124. Kali Din Patel son of Murao Patel
125. Sunil Kumar son of late Yad Ram Singh
126. Jas Ram Singh son of Gainda Singh
127. Shashi Mohan son of Sobran Lal 128. Deep Chand son of Trimal Singh 129. Mohd. Sharif son of Abdul Rahim
130. Subhash Chandra Riwari son of Ram Chandra Tiwari
131. Dinesh Kumar son of Chhotey Lal
132. Prem Raj Mira son of Keshariya Mira 133. Kaiklash Chand son of Shobha Ram
134. Suresh Kumar Mishra son of late Shri Shyam Lal Mishra
135. Chattar son of Randhir
136. Devi Prasad Sharma son of Khankar Lal Sharma
137. Satyapal Singh son of lal Singh
138. Anil Kumar son of Sukhlal
139. Jagdish son of Bhagwan Baksha
140. Virendra Kumar Sharma son of Mahipal Sharma Respondents No.77, 79, 86, 101, 104, 109, 114, 117, 127, 128, 129, 133 and 135 are placed as ASM in the office of Divisional Railway Manager Manager Moradabad, Mandal Moradabad and Respondents No.78, 80 to 85, 87 to 100, 102, 103, 105 to 108, 110 to 113, 115, 116, 118 to 126, 130, 131, 132, 134, 136 to 140 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
.......... Respondents By Advocate : Shri Anil Kumar Along with OA No.949 of 2011 1. Vijay Singh S/o Narottam
2. Pratap Singh son of Thakur Das Both R/o Railway Harthala Colony, Tehsil Sadar, District Moradabad at present working as Guard.
........... Applicants By Advocate: Sri A.K. Pandey Versus
1. Union of India through General Manager, Northern Railway New Delhi.
2. The Divisional Railway Manager, Moradabad Mandal Moradabad.
3. Senior Divisional Personnel Affairs Moradabad, Mandal Moradabad.
4. Om Prakash son of Laksman Singh
5. Nand Kishore Kashyap S/o Shambhu Nath Kashyap
6. Ramesh son of Shankar
7. Kashmir Singh S/o Ajeet Singh
8. Madan Lal S/o Durga Ram
9. Sompal S/o Narain Singh
10. Pushan Singh S/o Ghasi Ram 11. Karan Singh S/o Nanak Singh Respondents No. 4to 11 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
12. Udai Ram S/o Gopal Singh Respondents No.12 is placedas ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
13. Ganga Sagar Ram S/o Lal Ji Ram Respondent No.13 is placedas guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
14. Ajay Kumar Sharma S/o Krishna Swaroop Resident No.14 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
15. Yudhishter Lal Arora S/o Devi Das
16. Mool Chand Pachori S/o Ganwashi Lal Pachori
17. Ram Bilas S/o Rewati Ram 18. Kunwal Sen S/o Sita Ram
19. Awadhesh Kumar S/o Late Dujai Prasad
20. Kunwal Pal Singh S/o Raj Pal Singh
21. Ahmad Navi Basharat S/o Late Mohd. Husain. Respondents No.15 to 21 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
22. Jamil Ahmad S/o Abdul Gaffar. Respondents No.22 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
23. Chandrapal Singh IInd S/o Horam Singh
24. Rajvir S/o Bhikam Singh
25. Hari Singh S/o Rupam Singh
26. Chandra Prakash S/o Late Makhu Lal
27. Anil Kumar S/o G.C. Lal Respondents No.23 to 27 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
28. Charan Singh S/o Ram Swaroop Respondents No.28 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
29. Mahendra Kumar S/o Ram Krishna
30. Bhagwan Bux S/o Bhajja
31. Suresh Kumar S/o Ram Kiwshor 32. Brijpal Singh son of Ratan Singh
33. Ram Pal Singh S/o Late Raghuvir Singh
34. Anil Kumar Sharma S/o Ramesh Chandra Sharma
35. Chandrapal Singh S/o Chotey Lal
36. Bhupendra Kumar S/o Ram Bhajan
37. Shakil Ahmad S/o Ali Ahmad
38. Satyapal Singh S/o Layak Singh
39. Umesh Chandra Saxena S/o Chiranji Lal
40. Kailash Chand S/o Manju Lal
41. Mukesh Giri S/o Hari Giri
42. Anang Pal Singh S/o Hriday Ram 43. Ragiq Ahmad S/o Mnjoor Ahmad Respondents No.29 to 43 are placed as guard in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
44. Sri Pal S/o Late Sh. Mangalu
45. Karan Singh S/o Narain Singh
46. Ratan Lal S/o Panna Lal Respondents No.44 to 46 are placed as ASM in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
47. Warukesh N.G. Son of George Abraham
48. Kailash Chandra S/o Babu Ram
49. Mahendra Kumar Yadav S/o Late Sh. Krishna Yadav
50. Kishori Lal Son of Shri Krishna
51. Modh. Sakulludin S/o Imamudin
52. Mukund Lal Son of Nanhe Lal
53. Madan Singh S/o Late Manphool
54. Jitendra Singh S/o Late Jawahar Singh
55. Vionit Kumar S/o Late Banwari Lal
56. Subas Singh S/o Late Geg Raj Singh
57. Ravi Shankar Mishra Son Gokhleshwar Mishra Respondents No.47 to 57 are placed as guard in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
58. Ram Sagar Pandey S/o Sita Ram Pandey Respondents No.58 is placed as ASM in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
59. Kamal Kishor S/o Anganu
60. Omkar Singh Son of Late Sukkhi Singh
61. Vinod Kumar S/o Mahavir Singh
62. Raj Kumar S/o Mahavir Singh
63. Vijendra Kumar S/o Late Mukh Lal
64. Kailah Chandra son of Hira Singh
65. Mahipal Singh S/o Late Dhan Singh
66. Shivji Prasad S/o Rameshwar
67. Lakshman Swaroop Sharma S/o Late Panna Lal Sharma Respondents No.59 to 67 are placed as guard in the office of Divisional Railway Manager, Moradabad Mandal Moradabad.
68. Ram Tej Son of Ram Autar Respondents No.68 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
69. Shiv Shankar Singh son of Late Ram Swaroop Singh
70. Mohan Singh son of Mewa Singh
71. Mahaveer Singh son of Shandrapal Singh
72. Jahid Ali Khan Son of Fida Hussain Respondents No.69 to 72 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
73. Hari Om Son of Late Sh. Batoo Lal.
Respondent No.73 is placed as ASM in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
74. Krishna Pal Singh son of Bhoop Singh
75. Ajay Singh son of Late Sripal Singh
76. Sanjeev Kumar Gupta son of Ved Prakash
77. Harish Pal son of Late Om Prakash
78. Het Ram Azad son of Ram Bhajan
79. Daulat Singh Son of Dharam Singh
80. Jagdish Prasad son of Ram Bharosey
81. Ravindra Kumar Sharma son of Late Mamraj Sharma
82. Umr Farooq Ahmad son of late Sh. Khaliq Ahmad
83. Soran Pal Son of Deep Chand
84. Mohd. Arif Son of Aliya
85. Dinesh Kumar Kashyap son of Asharif Lal
86. Lalmani son of Babban
87. Tulsi Ram son of Vasu Dev
88. Rameshwar Prasad son of Ram Baran
89. Manoj Kumar Tomar son of Bhopal Singh
90. Anil Kumar Sharma son of Brij Nandan Sharma
91. Brijendra Kumar son of Bhagmal Singh
92. Jagroop son of Maku Lal
93. Manvir Singh son of Hosh Ram Singh
94. Ramesh Singh son of Sant Vinay Singh
95. Ram Kumar son of Banke Lal
96. Dharam Pal son of Ahivaran Lal
97. Arun Kumar son of Chaman Singh
98. Virendra Kumar Sharma son of Ram Prasad
99. Awadhesh Kumar Son of K.B. Lal Dixit 100. Siya Rm Mina son of Punya Ram Mina
101. Abdul Kadir Khan son of late Nasser Khan 102. Amit Rishi son of Upendra Kumar Sharma 103. Suresh Kumar Son of Ram Prasad Rathore
104. Madan Lal son of Shankar Singh
105. Krishna Kumar son of late Raj Pal
106. Lalit Kumar son of Mukand Lal
107. Mangat Ali son of late Imamuddin 108. Satyapal Singh son of Bullu Singh
109. Virendra Kumar son of Baleshwar Prasad
110. Brij Prakash son of Ram Asarey
111. Abhishek Kundesiya son of Ram Kekesh Kumar 112. Ajay Kumar Saini son of Rupendra Kumar Saini
113. Kishan Singh son of Mahavir Singh 114. Rajul Saini son of Prem Sagar Saini
115. Dheeraj Kumar Yadav son of Radha Kishan
116. Het Ram son of Shiv Charan
117. Wilium son of Late Mangali
118. Rinku Kashyap son of Suresh Chandra
119. Bindu Kumar Singh son of Vishwanath Singh
120. Sunil Kumar Son of Ram Kishan Saini
121. Mahavir Singh son of Ram Kisan
122. Naresh Gurang son of Arjun Singh Gurang
123. Satish Chandra son of Khyali Ram
124. Kali Din Patel son of Murao Patel
125. Sunil Kumar son of late Yad Ram Singh
126. Jas Ram Singh son of Gainda Singh
127. Shashi Mohan son of Sobran Lal 128. Deep Chand son of Trimal Singh 129. Mohd. Sharif son of Abdul Rahim
130. Subhash Chandra Riwari son of Ram Chandra Tiwari
131. Dinesh Kumar son of Chhotey Lal
132. Prem Raj Mira son of Keshariya Mira 133. Kaiklash Chand son of Shobha Ram
134. Suresh Kumar Mishra son of late Shri Shyam Lal Mishra
135. Chattar son of Randhir
136. Devi Prasad Sharma son of Khankar Lal Sharma
137. Satyapal Singh son of lal Singh
138. Anil Kumar son of Sukhlal
139. Jagdish son of Bhagwan Baksha
140. Virendra Kumar Sharma son of Mahipal Sharma Respondents No.77, 79, 86, 101, 104, 109, 114, 117, 127, 128, 129, 133 and 135 are placed as ASM in the office of Divisional Railway Manager Manager Moradabad, Mandal Moradabad and Respondents No.78, 80 to 85, 87 to 100, 102, 103, 105 to 108, 110 to 113, 115, 116, 118 to 126, 130, 131, 132, 134, 136 to 140 are placed as guard in the office of Divisional Railway Manager, Moradabad, Mandal Moradabad.
.......... Respondents By Advocate : Shri Anil Kumar

ORDER

Hon’ble Mr. Justice Dinesh Gupta, Member (J)

Both the O.As. filed by the applicants under Section 19 of the AT Act, with the following reliefs:-

i) issue order or direction in the nature of certiorari quashing the impugned select list dated 6.6.2011 issued by respondent No. 3 (Annexure -1 A).

ii) issue order or direction in the nature of mandamus commanding and directing the respondent No. 2 and 3 to send the applicants for training on the aforesaid opted post of guards.

iii) issue any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

iv) Award costs.

2. The fact emerges from the O.As are that the applicants were appointed under the respondents and their services were confirmed by the respondents and they were given status of regular employee. Ultimately the applicants were promoted and operating as Cabinman and in the meantime, applicant became surplus due to abolition of posts of Cabin Man and Cabin Master.

2.1 The applicants were allowed to work on the post of Guard which they are still holding from the year 2009.

2.2 A circular was issued on 15.9.2010 from the office of respondent No. 2 in which it was stated that surplus staff will be absorbed in compliance of direction dated 23.6.2010 issued by Head Office. By the said circular dated 15.9.2010, the surplus staff like applicants were invited applications through proper channel. The applicants also submitted their applications through proper channel and applicants opted to be absorbed against the said post of Guard.

2.3 The applicants participated in the examination held by the Department and said examination was conducted jointly with one and same questions for the post of ASM and that of Guards while the required qualification is High School for the post of ASM and Class VIII for the post of Guard.

2.4 It is pointed out that in absence of any policy or rule with the department for absorption of surplus employee like applicants through written examination, the written examination by the same and one joint question paper for two kinds of posts i.e. ASM and Guards is against the policy of the Department.

2.5 The result of the said examination was declared on 6.6.2011 in which the name of the applicants have wrongly been excluded from the select lit and the respondent authority have illegally and without any policy framed by the department conducted the said examination only to select their own candidates who are not entitled for the same.

2.6 Applicants have also made an application to the respondent No. 2 in respect of irregularities committed by the respondents in the examination and the same is still pending.

2.7 The said action of the respondents is illegal and arbitrary and is bad in the eyes of law.

3. Notices were issued to the respondents who in turn filed the Counter Reply through which it is submitted that there was large number of surplus Cabinman/master. Accordingly, in pursuance of the PNM with G.M. and NRMU item No. 36 held on 27.4.2010, General Manager, Northern Railway Baroda House, New Delhi has issued a letter dated 23.6.2010 in order to reduce the number of surplus Cabin Man/Master by which scheme was floated to fill up the large number of vacancies of Goods Guards/ASM by absorbing them who exercised their option for being absorbed. According to the same, it was decided that one time exemption for considering surplus and existing Cabinman/Master/Cabin Signalman for the post of Goods Guard or ASM be considered as per extent procedure. In continuation of the same, notification dated 15.9.2010 was issued by the respondent No. 2 inviting application from the eligible candidates who want to exercise their option for being absorbed on the said post. It is also mentioned in the said notification that interested candidates needs to clear the medical examination as well as examination for promotion according to the syllabus of TP-2 as per extent Rules.

3.1 Thereafter a written suitability test was held on

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