A.P. Bhattacharya, J. - (1.) These two applications viz., TA 355 of 1987 and TA 198 of 1988 are taken up together as they were heard analogously, the points involved in both the cases being allied.
(2.) Applicants, Shri Joydip Bagchi and Shri Akas Majumdar filed two writ applications in the Calcutta High Court against the Union of India, represented by the Secretary, Ministry of Railways and 11 others, which by operation of Sec. 29 of the Administrative Tribunals Act, 1985, came to this Tribunal by way of transfer for disposal.
(3.) Both these applicants having passed B.Sc. examination with Physics, Chemistry and Mathematics were appointed as Khalasis under the S.E. Railway at Kharagpur in 1982. On 10.8.1982 the Chemist and Metallurgist, Kharagpur made a notification for conducting a screening test for the posts of Laboratory Assistant. The minimum educational qualification required was B.Sc. passed with Physics, Chemistry and Mathematics. In response to such notification the applicants made applications. A screening test held in which both of them were qualified. After that they were promoted as Laboratory Assistants against existing vacancies. Such promotions however, made purely on ad hoc basis. It was stipulated in the orders of promotion that their continuation or retention in the promotional would be dependent on their passing a suitability test in due course January, 1983 a suitability test was held for the posts of Laboratory p ant in which the applicants appeared and were qualified. In declaring fit in the said suitability test it was mentioned in an order that they continue on ad hoc basis in the posts of Laboratory Assistant till candidates in such posts recommended by the Railway Service Commission were available. The applicants state that the respondents have been trying ha revert them to the posts of Khalasi. According to them, when they promoted on getting through screening test and suitability test they cannot be reverted, especially, when no candidate recommended by the Railway Service Commission (R.S.C.) is available. On 28.2.1984 the Deputy Chief Personnel Officer, Kharagpur issued an order reverting them to the posts of Khalasi. In filing the applications the applicants have prayed for quashing their respective orders of reversion and for issuing direction upon the respondents so that they may be permitted to work as Laboratory Assistants.;