IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15990 of 2021

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Ajit Kumr Mishra Son of Late T.N. Mishra, Ex Senior Assistant Financial

Advisor, East Central Railway, Pirbahore, District-Patna, Pin Code-800004

(Bihar) Now Posted as Senior Divisional Finacial Manager, N.F. Railway,

Katihar (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through the Chairman, Railway Board, Rail Bhawan,

New Delhi-110001.

2.

The Member (Staff), Railway Board, Rail Bhawan, New Delhi-110001.

3.

The Secretary, Railway Board, Rail Bhawan, New Delhi-110001.

4.

The Executive Director(Gazetted Cadre), Railway Board, Rail Bhawan,

New Delhi-110001.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Munna Pd. Dixit, Advocate

For the Respondent/s

:

Mr. Ramadhar Shekhar, Advocate

Mr. Sanjay Kumar Choubey, Advocate

Mr. Anil Singh, Advocate (Railways)

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

6

02-02-2022

This application has been taken up for online hearing

through video conference because of COVID-19 pandemic

restrictions.

The petitioner has put to challenge a judgement and

order dated 01.01.2019 passed by a Division Bench of the

learned Central Administrative Tribunal, Patna Bench in O.A.

No. 050/00083 of 2016, whereby an application filed by the

Patna High Court CWJC No.15990 of 2021(6) dt.02-02-2022

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petitioner under Section 19 of the Administrative Tribunal Act

has been rejected.

The facts for adjudication of the present matter fall in

narrow compass. The petitioner was appointed as Junior

Accounts Assistant under Eastern Railway in the year 1987 and

subsequently was promoted to the post of Stock Verifier on

14.08.1989. There was a limited departmental competitive

examination held for filling up 30 per cent vacancies in the

Group - “B” (Class-II Post) of Accounts Department.

Applications were invited from the candidates eligible for the

said examination on 25.07.1994. Clause 3 of the said

notification dated 25.07.1994 inviting application laid down the

eligibility condition, inter alia, to the effect that candidate must

be holding the post of Sr. SO(A)/SO(A), Sr. ISA/ISA, Sr.

TIA/TIA or Cost Accountant in the scales mentioned thereunder

for a minimum period of five years in the grade as on

12.03.1994. Last date of submission of application form was

fixed on 20.08.1994.

It is the petitioner's case that the respondents

arbitrarily fixed 12.03.1994 as the date for determination of

eligibility condition of holding a post in the grade mentioned

thereunder for a minimum period of five years. According to the

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petitioner, experience ought to have been determined as on the

last date of submission of application form.

The petitioner's claim to the aforesaid effect has been

rejected by the impugned judgement passed by the Tribunal.

Mr. Munna Prasad Dixit, learned counsel appearing

on behalf of the petitioner has submitted that there is no rational

basis for the respondents to have fixed 12.03.1994 as the date

for determination of eligibility condition in Clause 3(1) of the

notification. He has also submitted that eligibility of a candidate

in terms of acquiring experience ought to have been determined

as on the last date of submission of application form.

We do not find any merit in the aforesaid submission

for two reasons. Firstly, the reason for fixing 12.03.1994 as the

date on which a candidate must have acquired experience of five

years, has been disclosed in the notification dated 25.07.1994

itself, which is the date on which 70 per cent sele