B.N.Sapru, J. - (1.) Ram Adhar Kushwaha is the petitioner in the instant case. He applied for the post of Train Lighting/Head Light Fitter which was advertised by the Divisional Railway Manager, Allahabad. The petitioner along with others appeared at a written and oral test. There were 20 posts available and a panel of 20 persons who were successful at the examination, was drawn up. The name of the petitioner was at serial number 15. A panel prepared is valid for two years from the date of its approval by the competent authority or the whole of Panel is exhausted whichever is earlier as provided in paragraph 217 (a) of the Indian Railway Establishment Code Volume I. The petitioner was asked to appear at a medical test on 20-7-1977. According to the petitioner, he was not examined on that date but he was informed that he would be asked to present himself again for the test. Tire case of the respondent is that the petitioner was not medically examined on 20-7-1977 but he was not told that he would be called again. The Petitioner did not receive any call for appearing at the medical test and he made various representations to the authorities but to no avail. The petitioner finally made a representation on 10-12-1978 to the General Manager, Northern Railway through Sri Janeshwar Misra, a Member of Parliament, upon which a D.O. letter was sent to the Divisional Railway Manager from the Railway Headquarters asking him why the petitioner had not been given an appointment. In response, according to the petitioner, the Divisional Railway Manager, Allahabad, informed the Railway Headquarters that on account of a telephonic message received from the General Manager, Northern Railway, only those candidates had been given appointment who had been medically examined till 14-7-1977 and the candidates coming after 14-7-1977 for the medical test could not be given the appointment.
(2.) Admittedly, the candidates placed at serial numbers 4, 6 and 7 of the panel were given appointment as they had appeared for medical test uptil 14-7-1977 and had been found fit in the medical test.
(3.) A counter affidavit has been filed by Sri Randhir Prasad who was the Assistant Personnel Officer, Northern Railway, Divisional Railway Manager's Office, Allahabad. In the counter affidavit, it is stated that the petitioner had been placed in the panel of successful candidates. The petitioner had been placed at serial number 15. An offer of appointment was sent to successful candidates on 8-7-1977 which contained a stipulation stating that "on successful completion of your training of 6 months if vacancy exists you will be appointed against regular post of T.L./H.L. Fitter Gr. 260-400 (Rs) plus other allowances as admitted under the rules but no guarantee for it." It was further stated that the appointment was also subject to medical test. It is then stated that several representations were made to the General Manager against the direct recruitment of candidates to the post in question as it affected the people already in employment of the Railways whose prospects of promotion were affected by direct recruitment. It is further stated that a telephonic message had been received from the Headquarters' Office, New Delhi, on 15-7-1977 to the effect that no further appointment on the post in question should be made. Consequently, the persons who came after the aforesaid telephonic massage, were not medically examined. Annexure A to the counter affidavit discloses that a meeting between several representatives of the Railways and the Labour Union was held on 2-7-1977 and 2-8-1977 and in that meeting it was decided as follows:- "Selection for direct recruitment of 20 TLFs had since been finalised and call letters also issued to some of the candidates. In fact 3 candidates had already joined in Allahabad Division for training by 14-7-1977. It was, therefore, decided to train these 3 TLFs in the trade of Oil Engine Fitters. It was also decided not to recruit any more TLFs from this selection.";