NALINI RANJAN AND OTHERS Vs. ANUP SINGH

JUDGEMENT

(1.) Consequent upon a series of orders passed by this Court in F. M. A. T. No. 144 of 1985 including an order passed by this Court on Jan. 27, 1986 on the second application tor contempt filed by the writ petitioners, a batch of officers being Respondent Nos. 6,7, 8, 11, 13, 14, 15, 20, 23 and 29 to the writ petition filed an application on Feb. 19, 1986. The said batch of officers did not contest at any stage of the writ proceedings either before the Writ Court or the Appeal Court or the Supreme Court.

(2.) Before embarking upon the adjudication of the case, it is fit and proper for us to set out the salient features of the present case which involved a series of debate during all these days. The facts of the case, in its barest out-line, are presented hereunder:-

(3.) The learned trial Judge after carefully considering the pros and cons of the entire matter came to the finding that the panel was not prepared in accordance with the Circular of the Board. The basis of the findings that the panel was prepared in aviation of the Railway Board, that the assessment was not at all made or if made, was not at all correct. The said assessment, if made, is purely adhoc and did not lake into account the reality of the situation. Correct assessment of a number of vacancies was not determined as a result whereof the writ petitioners could not be absorbed. The Chief Engineer in his note dated May 3, 1979 while noticing the enlargement of the panel that took place in other railways recorded that the similar action may be taken with regard to 1977 panel with the approval of the Railway Board.