UNION OF INDIA Vs. RAJNISH KUMAR SINGH

JUDGEMENT

(1.) Petitioner is the Railways, aggrieved by the order dated 30.03.2016, passed in O.A. No. 656/2012 by the Central Administrative Tribunal, Patna Bench, Patna by which the claim of the applicant/ respondent for appointment with consequential benefits was allowed.

(2.) The sole respondent, who was the applicant before the Tribunal, had sought direction to the Chairman, Railway Recruitment Board, Mahendru Ghat, Patna to declare the applicant successful in the written examination held in pursuance to the advertisement issued for appointment on the post of Assistant Loco Pilot as he secured 77.34 marks, which was more than the cut-off marks of general candidates, i.e. 52.67, in whose favour appointments were made. The respondent Rajnish Kumar Singh also sought direction for issuance of letter of appointment with all consequential benefits.

(3.) The facts of the case, is that an advertisement was published vide Centralized Employment Notice No. 1/2010 on 30.01.2010. The respondent also applied and appeared in the written examination on 06.06.2010 bearing Roll No. 28101011005579 Control No. 55044087. The result of the examination was declared on 01.02.2011, but the name of the respondent did not figure in the select list. However, on an application under Right to Information Act he received information on 07.05.2012 that the cut-off marks for unreserved category was 52.67, whereas the respondent had obtained 77.34 marks. It was also mentioned that since the respondent did not mention the date of issuance of Indian Postal Order (IPO) for application fee, his candidature was rejected.