- (1.) Dharmendra Pandey, the petitioner has filed present writ petition challenging judgement and order dated 07.03.2017 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as Tribunal) dismissing Original Application No. 674 of 2010, (Dharmendra Pandey Vs. Union of India and others) [hereinafter referred to as OA] filed by petitioner. Petitioner has also challenged order dated 15.04.2010 passed by Chairman Railway Recruitment Board, Allahabad rejecting candidature of petitioner for appointment on the post of Goods Guard. Apart from aforesaid, Petitioner has further prayed for a mandamus commanding respondents to forthwith grant appointment to petitioner as a Goods Guard in North Central Railway.
(2.) We have heard Mr. Ashok Khare, learned Senior Advocate assisted by Mr. Kuldeep Kumar Yadav Advocate holding brief of Mr. Siddharth Khare, learned counsel for petitioner and Mr. Rajnish Rai Advocate representing respondents 1, 3 and 4.
(3.) Railway Recruitment Board, Allahabad issued advertisement no. 2 /2007 notifying selection for a large number of vacancies including 37 vacancies of Goods Guard. Petitioner being fully qualified and eligible, applied pursuant to aforesaid advertisement for the post of Goods Guard. As application for appointment submitted by petitioner was found to be in order, Petitioner was allotted Roll No. 41940024. Petitioner participated in Preliminary Written Examination held on 30.12.2007. Subsequently, result of aforesaid written examination was declared and petitioner was shown as a successful candidate. Consequently, petitioner appeared in the Mains Written Examination held on 21.09.2008. Result of Mains Written Examination was published on 05.12.2008 and petitioner was again shown as a successful candidate. As per specification mentioned in result dated 05.12.2008, successful candidates were provisionally selected as they were required to appear for document verification which was scheduled for 6th/7th January, 2009. It is the case of petitioner that on account of unavoidable circumstances petitioner could not appear for documents verification held on 6th/7th January, 2009. Subsequently, a notice dated 06.01.2009 was sent to petitioner by registered post. Aforesaid notice was received by petitioner on 22.01.2009. As per notice dated 06.01.2009, petitioner was required to be present for documents verification on 23.01.2009 at Allahabad. Petitioner could not comply with aforesaid notice as it was almost impossible for him to come to Allahabad from District Bhojpur, Bihar within such short span of time. Ultimately, final select list was notified vide notification dated 29.01.2009. Said notification was published in employment news dated 21st to 27th February, 2009. Perusal of aforesaid final select list, reveals that petitioner was third candidate in order of merit.;