G. Shanthappa, Member (J) - (1.) THE above OA is filed by the applicant under Section 19 of the A.T. Act, 1985 seeking the relief to: "(a) Set aside Annexure A -6 dated 30.8.2011 bearing No. B/P.535.V/Mech/Rng/Gds in so far as the applicant's reversion is concerned and also Annexure A -8 dated 4.11.2011 bearing No. B/P.535, V/Mech/Rng/pilot issued by respondent No. 2. (b) Issue direction to the respondents to re -depute and for re -medical examination and consider his case for promotion to the post of LP -Grade -II(Gds) or issue further direction to the respondents to create supplementary posts and accommodate him in the above said posts which is equivalent to loco -pilot -II by protecting all his emoluments." We have heard the learned Counsel appearing on both sides.
(2.) THE admitted facts from either side are, the applicant was selected for the post of Diesel Assistant, now re -designated as Assistant Loco Pilot. Subsequently, he was promoted as Sr. Diesel Assistant in the scale of Rs. 4000 -6000 w.e.f. 14.5.2003, as Shunter in the same scale w.e.f. 20.7.2004. Further, he was promoted as Loco Pilot (Goods) on ad hoc basis in the scale of Rs. 5000 -8000 w.e.f. 26.12.2005, the same was regularized w.e.f. 12.11.2009. It is also an admitted fact, that one Shri C.S. Jayaramaiah and Shri S.E. Bharath were Shunters, had filed OA Nos. 525 and 526/2009, for grant of promotion above the private respondents therein, the said OAs were allowed vide order dated 24.3.2011, with observations that: "(a) Unlike in the cited case, the selection as per older rules was not stayed but had become infructuous in the light of Railway Board's RBE 161/09, dated 3.9.2009, which came into existence before the selection list was published by the respondents on 20.11.2009 (Annexure A -5). (b) The whole list need not be quashed. Only the applicants can be accommodated by giving higher seniority as per their position in the seniority list and by giving them consequential benefits. In view of the above, we hold that the OA deserves to be allowed, Annexure A -8 dated 23.11.2009 stands modified to the extent that applicant be put above Shri Shyam Singh presently at Sl. No. 36 and respondent No. 4 should be shifted from his previous position at Sl. No. 24 to a position below the applicant. As far as applicant in OA No. 526/2009, he does not challenge his senior ST candidates in Annexure A -5 namely those at Sl. No. 1 and 11 but only those at Sl. No. 45 and further below at 79, 80, 81, 84 and 88. Hence he stands placed immediately above Keshappa who is presently at Sl. No. 45. The respondents Nos. 1 to 3 should issue new notification giving above effect and also fix their salaries and giving other consequential benefits as per law within 2 months of this decision." Subsequently, the respondents issued memorandum dated 30.8.2011 scrapping the Loco Pilot (Goods) panel which reads as under: "Consequent on scrapping the Loco Pilot Goods Panel vide Memorandum dated 11.7.2011 cited above at Sl. No. 6, the provisional promotion ordered vide O.O. No. 1002/11/09/Mech/Rng/LP/Goods/II dated 23.11.2009 & Memorandum No. B/P.608/V/Rng/LPG/IIVoI. VI dated 22.12.2009 subject to outcome of OA 525/2009 & 526/2009 are withdrawn with immediate effect. Accordingly 44 employees promoted as Loco -Pilot Goods in pay band Rs. 9300 -34200+4200GP vide O.O. No. 1002/1 1/09 Mech/Rng/LP/Goods/II dated 23.11.2009 are reverted to their erstwhile substantive post which they were holding at the time of their promotion as Loco -Pilot Goods with immediate effect."
(3.) ON the same date Memorandum was issued, selection for the post of Loco -Pilot (Goods) in the pay band of Rs. 9300 -34800+ GP Rs. 4200. In the said selection, the name of the applicant did not find place, he filed the present OA challenging the selection and to include his name in the said list.;