JUDGEMENT
RAJIV LOCHAN MEHROTRA, J. -
(1.)For quashing the notification dated 21.10.1998 for Limited Departmental Competitive Examination (LDCE) by which petitioners were not permitted to participate in it on the ground of not having requisite eligibility, clarification letter dated 9.2.1999 correcting para 203.2 of Indian Railway Establishment Manual (IREM), order dated 2.6.2000 passed by the Central Administrative Tribunal, Allahabad, Recruitment Rule dated 26.8.1982 and the order dated 2.3.1998 of respondent no. 3 thereby rejecting the representation of the petitioners for change in the cut of date of the eligibility, the present writ petition has been preferred by the petitioners under Article 226 of the Constitution of India.
(2.)The brief facts of the case are that the petitioners were appointed as inspectors in the month of July, 1992 in the pay-scale of 2000-3200 which was subsequently revised as 6500-10500/- . Presently the petitioners are working in the pay-scale of 7450-11500/- . In the railway department the vacancies in Group B were to be filled up by promotion on the basis of seniority cum suitability of eligible Group C employees and also on the basis of Limited Departmental Competitive Examination also known as LDCE. A notification dated 18.3.1997 was issued by respondent No. 3 General Manager for selection on the post of Assistant Engineers (Group 'B') under 70% of the vacancies which was subsequently modified by the notification dated 1.9.1997. Remaining 30% vacancies were to be filled up through LDCE from all those who were in the pay-scale of 1400-2300 and above. The condition of service eligibility were given as per para 203.1 and 203.2 of the Indian Railway Establishment Manual (IREM).
(3.)Another notification dated 16.2.1998 was issued by respondent no. 3 for preparing the panel against 30% vacancies of Assistant Engineers (Group 'B') on the basis of referred LDCE. In the said notification the date of eligibility was fixed as 18.3.1997. As per this notification Group C employees working in the grade the minimum of which is Rs. 1400 and have five years of non fortuitous service on 18.3.1997 were made eligible for LDCE.
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