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2025 Supreme(Online)(CAT) 9656
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Justice Om Prakash, J, Mr. Mohan Pyare, A
Sri Ram Charan Meena – Appellant
Versus
Union of India through General Manager (P), North Central Railway, Subedarganj, Allahabad – Respondent
Original Application No. 1165 of 2014
For the Appellant: Shri Rakesh Kumar Dixit
For the Respondents: Shri Ajay Kumar Rai
Failure to meet the stipulated conditions of promotion, including passing a typing test, justifies reversion, emphasizing the importance of procedural adherence in employment regulations.
Headnote:(A) Central Administrative Tribunal Act, 1985 - The applicant challenged his reversion from the post of Junior Clerk to Khalasi, alleging procedural violations in taking the typing test. It was held that the reversion was in accordance with stipulated rules since the applicant failed to clear the test within the allotted chances. (Paras 2-13)
(B) Promotion - Conditions for promotion included mandatory typing tests with chances laid out; failure to fulfill these conditions justified reversion. The Tribunal supported the stance that adherence to established rules must be maintained to uphold fairness in promotional practices. (Paras 5-12)
Facts of the case:
The applicant was reverted back due to non-completion of a mandatory typing test despite multiple opportunities granted within two years. The applicant argued against the legality based on timing and age considerations pertaining to exemption clauses.
Findings of Court:
The Tribunal concluded that the applicant's procedure was followed correctly, with the failure to clear the typing test leading to lawful reversion.
Issues: The primary issue was whether the applicant was unjustly reverted despite complying with promotion conditions.
Ratio Decidendi: The court reinforced that adherence to procedural requirements in promotions is obligatory, and failing to pass stipulated tests within the timeframe leads to legitimate reversion.
Result: O.A. is dismissed being devoid of merits.
| Table of Content |
|---|
| 1. reversion from promotion due to failure in typing test (Para 3 , 5) |
| 2. arguments on legitimacy of reversion (Para 4 , 6) |
| 3. court's observations supporting procedural adherence (Para 7 , 9) |
| 4. importance of compliance with promotion conditions (Para 12) |
| 5. final dismissal of the application (Para 13) |
ORDER
(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (J)
Shri Rakesh Kumar Dixit, learned counsel for the applicant and Shri Ajay Kumar Rai, learned counsel for the respondents, were present at the time of hearing.
2. The instant original application has been filed seeking following relief:
“(i) to issue an order or direction in the suitable nature quashing the impugned orders dated 09.08.2014 passed by Deputy Chief Material, Jhansi Division, Jhansi – respondent no. 3 (Annexure No. A- 1 to this Original Application with Compilation No I)
(ii) to issue an order or direction in the suitable nature directing the respondents authorities not to interfere in the peaceful functioning of the applicant on the post of Junior Clerk at the present place of posting.
(iii) To issue any order or direction, which this Hon’ble tribunal may deem fit and proper in the facts and circumstances of the case.
(iv) to award the cost of the Application to the applicant.”
3. A compendium of the facts narrated in the OA is that the applicant is aggrieved by the order dated 09.08.2014 issued from the Office of Deputy Chief Material Manager, Jhansi Division, Jhansi i.e., respondent no. 3 by way of which the applicant has been reverted from the post of Junior Clerk to the post of Khalasi with immediate effect. The applicant has contended that the impugned order is illegal and passed in absolute violation of the rules and regulations prescribed in the manual of the respondents. It has also been alleged by the applicant that he was given promotion to the post of Junior Clerk by way of order dated 26.07.2011 wherein it was stipulated that respondents will give him three chances to clear the typing test within a period of two years. Applicant has alleged that although two chances were given within the prescribed period, the third chance was given after the expiry of the prescribed period and therefore he could not clear the typing test. Thus, seeking quashing of the impugned order dated 09.08.2014 by way of which he has been reverted to the post of Khalasi, the applicant seeks a direction to the respondents to promote him on the post of Junior Clerk and granting him exemption from clearing the typing test. Respondents have contended the case of the applicant holding that the impugned order was passed in absolute accordance to rules and regulations. It was clearly stipulated in the promotion order itself that the applicant must clear the requisite typing test in three chances and despite being given three chances, which the applicant has adequately availed, he could not clear the typing test. Thus, prayer has been made on the part of the respondents to dismiss the OA.
4. We have heard learned counsel for the parties and gone through the records.
5. Learned counsel for the applicant submitted that the applicant was initially appointed on the post of Khalasi on 14.12.1998. He was given promotion on 01.08.2011 under the 33 1/3% departmental quota vide letter no 45/2011. Certain conditions were stipulated in the letter no. 45/2011 i.e., it was mandatory for the applicant to clear the typing test required to be completed within two years and maximum three chances were to be allowed for the same. Since the applicant has been promoted on 01.08.2011, two years time was expired on 01.08.2013. Although the respondents extended three chances to the applicant for clearing the typing test but the applicant failed to clear the test. Further, the third chance was given beyond the two years stipulated time period and therefore this action of the respondent was illegal. The applicant worked on the promoted post since 01.08.2011 till reversion order was passed. His serv
