Employment promotions in public service must adhere strictly to statutory regulations, and errors in prior promotions can be corrected through due process.

ORDER

AS PER:- AJAY PRATAP SINGH, MEMBER[JUDICIAL]

1. The present Original Application has been filed under Section 19 of the Administrative Tribunals, Act 1985 to set-aside impugned order dated 02.09.2020, whereby applicants have been reverted from the promotional post of Laboratory Superintendent Grade III, Grade-Pay Rs. 4200/-, Level-6 and also set-aside show cause notice dated 14.08.2020 and upheld promotion order dated 16.12.2019 in terms of notification dated 15.02.2019 with all consequential benefits.

PRAYER

2. The applicants have claimed following the main reliefs (as extracted from the OA) as under:-

“8.1 That your Lordships may graciously be pleased to quash and set aside the impugned Order of Reversion dated 02.09.2020 as contained in Annexure- A/11 issued by the Respondent No.2 including show cause Notice dated 14.08.2020 as contained in Annexure A/9 Series.

8.2 That your Lordships may further be pleased to direct command the Respondents to treat the promotion of the Applicants including Annexure-A/7 as just and valid and requires no interference in terms of the condition laid down in the Notification dated 15.02.2019 as contained in Annexure A/1.

8.3 That your Lordships may graciously be pleased to direct / command the Respondents to grant all consequential benefits in favour of the Applicants.

8.4 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicants.”

FACTS IN BRIEF

3. Briefly stated, the facts, as adumbrated by the applicants in the Original Application that applicant no.1 while working as Lab Assistant Grade-II, Grade-Pay Rs. 2000, Level-3 and the applicant no.2 as Lab Assistant Grade-I Grade Pay Rs. 2400/-, Level-4. The respondent no.2 issued Notification dated 15.02.2019 for selection for promotion to the post of Lab Superintendent Grade-III, GP 4200, Level-6 in terms of Railway Board, RBE No. 225/2001 dated 12.11.2001 and RBE No. 161/2009 dated 03.09.2009 to fill up 6 posts with condition under notification dated 15.02.2009 that serving staff in medical department fulfilled qualification as prescribed for direct recruitment. The applicants possessed qualification prescribed for the direct recruitment hence shown in the list of eligibility published on 22.04.2019. The written examination was held on 09.07.2019 and only present applicants declared successful with 60% required marks. The final panel dated 13.11.2019 published and promotion order dated 16.12.2019 issued for appointment on the selection post of Lab Superintend, grade-III, Grade-Pay 4200/-, Level-6.

4. The further case of applicants that show cause notice dated 14.08.2000 issued to explain why not to revert to them as selection is contravention to Para 7.1 of Master Circular No.31 (also of Para 215 (a) of IREM-I). The applicants made averments and filed reply that promotion to the post of Lab Superintendent, Grade III, Grade-Pay Rs.4200 is accordance with Railway Board orders and conditions of notifications are binding on the parties as selection has been finalized. The respondents no.2 issued impugned order dated 02.09.2020, whereby the applicants ordered for reversion from the posts of Lab Superintendent Grade-III, Gr