- (1.) Heard Mr. Rajnish Kumar Rai, learned counsel for petitioners and Mr. Ram Gopal Tripathi, learned counsel representing respondents -1 and 2.
(2.) This writ petition under Article 226 of Constitution of India has been filed against judgment and order dated 29.05.2009 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as "Tribunal") in Original Application No. 734 of 2006 (Indrajeet and another Vs. The General Manager, North Eastern Railway and others) (hereinafter referred to as OA) whereby aforesaid OA filed by respondents-1 and 2 has been allowed with the following directions: " 7. Accordingly, we find that orders dated 08.06.2006/ Annexure-12, 18.06.1998/ Annexure-4, 14.09.2000/ Annexure-5 AND 22.05.2000/ Annexure-6 cannot be sustained and are, accordingly, set aside, with direction to the respondents to consider the Applicants and all other persons, (who are similarly situated as the applicants), to be considered and treated similarly as jai Prakash, Nagendra Nath, Jai Singh and Ramphal Prasad and others as per order dated 03.06.2006 (Annexure-11-Compilation-II) and should not be compelled to rush to Tribunal/Court."
(3.) Case set up by applicants-respondents-1 and 2 is that they were initially appointed on the post of Khalasi which is a Group 'D' Cadre Post and working in North Eastern Railway, Gorakhpur. They were promoted on the post of Junior Clerks which fall in the cadre of Group-C, against vacancies, which occurred up to 31st March, 1997. Selection process commenced vide notification dated 20.08.1997. Applicants-respondents-1 and 2 were selected pursuant to aforesaid notification. Ultimately selections so made were notified on 29.05.1998. However, as applicants-respondents-1 and 2 did not possess typing qualification, their promotions were made provisional.;