- (1.) Feeling aggrieved by dismissal of the writ petition filed by him against the order of the Central Administrative Tribunal, Jodhpur Bench (for short, "the Tribunal"), which declined his prayer for quashing the order of his reversion from Group 'C' post to Group 'D' post and to direct the competent authority to regularise his service on Group 'C' post, the appellant has filed this appeal.
(2.) The appellant joined service as Farash in the Jodhpur Division of the Northern Railway. After seven years, he was sent on deputation in the construction organization of the Northern Railway at Bikaner and was directed to work as a Material Checking Clerk. His pay was fixed in the pay scale of Rs.800-1150/-. In 1997, his service was regularised on Group 'D' post. After two years, he was declared successful in the test conducted for promotion to Group 'C' posts. However, he failed to clear the type test despite repeated opportunities. As a consequence, the competent authority passed an order dated 01.07.2002 for reversion of the appellant to Group 'D' post.
(3.) The appellant challenged the order of reversion in O.A. No.178 of 2002. He also prayed for issue of a direction to the respondents to regularise his service on Group 'C' post in accordance with the policy framed by the Ministry of Railways, Government of India. The Tribunal rejected his prayer for quashing the order of reversion by observing that having failed to clear the type test within the maximum permissible chances, the appellant is not entitled to continue on Group 'C' post as of right. The appellant's prayer for issue of a direction to the respondents to regularise his service was rejected by the Tribunal primarily on the ground of delay.;