Reversion of employee due to failure in passing a required typing test is justified despite claims of lack of prior notice in promotion terms.

ORDER

(Delivered by Hon’ble Mr. Mohan Pyare, Member (A)

Shri Yogesh Shukla authority holder of Shri K. K. Tiwari, learned counsel for the applicant and Shri K. K. Ojha, learned counsel for the respondents, are present and heard.

2. The instant original application has been filed seeking following relief:

“(i) In view of the facts and the grounds mentioned above, applicant prays before this Hon'ble Tribunal to set-aside the impugned order 16.02.2016 (Annexure- to compilation No. 1) passed by Senior Divisional Karmik Adhikari, North Central Railway, Jhansi as well as the order dated 11.03.2016 (Annexure- to compilation No. 1) passed by Divisional Railway Manager, Karmik, North Central Railway Jhansi.

OR

issue any other order or direction which this Tribunal may deem fit and proper in the facts and circumstances of the case..

3. The applicant was initially appointed as a Group-D employee under PWI, Lalitpur on 15.11.1990. She was promoted to the post of Junior Clerk on 03.05.1994 in the pay scale of Rs. 950-1500. The promotion order did not contain any condition requiring her to pass a typing test in Hindi or English. Thereafter, she was further promoted as Senior Clerk on 17.12.1996 on ad-hoc basis and was posted under the Station Superintendent, Jhansi. During the period she worked as Junior Clerk, she was never called upon by the authorities to appear in any typing test. As directed by DRM (personnel) Jhansi, the Station Manager, Jhansi, communicated that working report of the applicant is satisfactory. The applicant continued to work on the posts of Junior Clerk and thereafter Senior Clerk for about two decades without any complaint or disciplinary proceedings. There was no adverse remark in the ACR of the applicant and her performance was satisfactory. The Action of the respondents in letter dated 16.02.2016 as well as 11.03.2016 reverting her from Senior clerk to Junior clerk for non-passing of typing test within a stipulated period is perverse, illegal and liable to be quashed. The Divisional Railway Manager (Personnel), Jhansi issued an order dated 10.12.2015 against the applicant vide which the application was reverted from senior clerk to junior clerk. Against which she has approached this Tribunal by filing OA no. 1797/2015 which was decided on 05.01.2016 by issuing a direction that applicant should submit her explanation to the show cause notice and competent authority will take a decision as per rule by passing a speaking order. The applicant has submitted her explanation and without entering into the merit of the explanation and contrary to rule, respondents have passed the order reverting her from senior clerk to junior clerk. Her representation was rejected by letter dated 16.02.2016. Hence this OA.

4. Learned counsel for the applicant contends that her promotion to the post of Junior Clerk and thereafter to Senior Clerk was granted by the competent authority and in neither of the promotion orders was any condition requiring her to qualify a typing test was mentioned. He submits that during the period from 1994 to 1996, while she was working as Junior Clerk, the respondents never called upon her to appear in any typing test as required under the relevant rules, and instead she was promoted to the post of Senior Clerk. It is further submitted that the authorities themselves had repeatedly called for her suitability and working reports from the Station Manager, Jhansi, and on each occasion her performance was found satisfactory. According to the applicant, after allowing her to work on the promoted post for nearly twenty years with satisfactory service and without any adverse remarks, the respondents could not have reverted he