PRATIBHA BANERJEE,J. - (1.) The above C.R. No. 14145(W) of 1981 was transferred to this Tribunal u/s. 29 of the Administrative Tribunals Act, 1985. In this application, the applicant has prayed inter alia for quashing the order No. E(O) III 81/PM6/199 dated 11.12.81 issued by the Deputy Secretary(E) /Railway Board and the Railway Board's letter No. E(o) 178/Sr 6/14 dated 30.1D.79 along with a purported combined seniority list of Divisional Medical Officers, Indian Railways. The Calcutta High Court issued the Rule on 24.12.81 and passed an ad interim order restraining the respondent nos. 1 to 3 from giving effect to the letter dated 11.12.81 till 12.1.82. This interim order was extended on 13.5.82 "until further orders" and was vacated on 4.5.84. The records of this case confirm that all the four respondents were duly served by 5.12.84. This application is being contested by the respondents' nos. 1 to 3 before us. The private respondent no. 4 is not contesting.
(2.) The facts of the case are as follows: The applicant was appointed as an Assistant Surgeon Grade I in Eastern Railway on 14.10.58 and was promoted as Assistant Medical Officer (Class II) on 22.4.63. He was confirmed on 1.7.63 in the said past. D.P.C. was held on 29.9.72, 30.9.72 and 3.10.72 and the applicant was selected as an Officiating D.M.O. (Class I) against one of the four existing vacancies in Eastern Railway but was not appointed, as D.M.O. at that time. The proceedings of these D.P.C. meetings were disclosed by the applicant in Annexure 'A' to the supplementary application dt. 4.3.85. On 1.1.73, the applicant was promoted as Assistant Div. Medical Officer (Class -I) as the cadre of Assistant Medical Officer (Class -II) in Railways was upgraded by the 3rd Pay Commission and was confirmed in that post on that very date. On 6.1.76, the applicant was promoted as D.M.O. (Ad hoc) and was transferred to Gaya. Although the promotion was described as ad hoc in the office order, it was in fact officiating promotion after selection by D.P.C. as admitted in paragraph 18 of the affidavit -in -opposition filed by the respondent nos. 1 to 3 in this proceeding. The applicant was thereafter transferred to Chittaranjan Locomotive Works as D.M.O. by order dated 12.6.76 against a down graded post of MS/CLW (Annexure 'A' to the application).
(3.) The private respondent no. 4 was appointed as D.M.O. on probation w.e.f. 29.6.79 for a period of two years (Annexure 'B' to the application). He is a direct recruit.;