A. Talukdar, J. - (1.) Initially upon hearing the learned Counsel for the Railway Administration, we called upon the learned Counsel for the respondent to file his affidavit and fixed the matter for hearing. However, we were not inclined to grant any interim order on the basis of our perception on the entire materials that were placed before us in the light of the submissions made at the Bar.
(2.) But since the learned Counsel for the Railways insisted for an interim order which we did not wish to pass, he felt that the purpose of this application would be fruitless. In such trajectory, we have chosen to hear him afresh as also the learned Counsel for the respondent.
(3.) The Calcutta Bench of the Central Administration Tribunal in O.A. No. 502 of 2066 on 18.7.2008 passed the following order: "In view of our finding made above we direct that a review DPC be convened to consider the case of the applicant for promotion to SAG grade ignoring the 'average' entry made in the year 2002. In lieu thereof the DPC may consider his ACR for a year down beyond the 5 years period. If the applicant is declared fit, he shall be promoted with effect from the date his junior got promotion to SAG level with consequential monetary and service benefits. Such consideration be made within 3 months from the date of communication of this order.";