- (1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioners has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated October 18, 2001 (Annexure P-12) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby Original Application No. 998-PB/1995 filed by him under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'), was dismissed.
(2.) The facts of the case are as under :- The petitioner, who possesses the educational qualifications of Higher Secondary with Science, was appointed as Laboratory Khalasi, a Class IV post, on August 22, 1970, in the Northern Railways. He was promoted to the post of Junior Chemical & Metallurgical Assistant (for short 'J.C.M.A') with effect from June 04, 1977 in relaxation of qualification. The petitioner joined the Railway Coach Factory (for short 'R.C.F'), Kapurthala, on August 08, 1986, on deputation as J.C.M.A. He was promoted as Chemical and Metallurgical Assistant (for short 'C.M.A') on December 12, 1988 after he cleared the written test. He was further promoted as Laboratory Superintendent Grade-II and regularized as such with effect from October 03, 1991. Then he was promoted as Laboratory Superintendent Grade-I on regular basis vide order dated April 16, 1993. The petitioner was further allowed to participate in the selection process for promotion to the post of Assistant Chemist and Metallurgical. However, certain candidates whose names could not be entertained for the selection of Assistant Chemist and Metallurgical, represented to the administration that as the petitioner was not a Science Graduate, he was ineligible to appear in the selection for the post of Assistant Chemist and Metallurgical. Clarification in this regard was sought from the Railway Board and thereafter it was decided by the competent authority that the petitioner had been erroneously promoted as Laboratory Superintendent Grade II and Laboratory Superintendent Grade-I. Accordingly, a show cause notice dated January 23, 1995 (Annexure P-9), was issued to the petitioner in which it was clarified that he was promoted as Laboratory Superintendent by an administrative error and against the provisions of the policy in vogue, hence, he was called upon to show cause why he should not be reverted to the post of C.M.A as he was not entitled to the promotion beyond C.M.A in terms of the Railway Board's letter dated November 06, 1985 (Annexure P-4). The petitioner submitted reply dated January 25, 1995 (Annexure P-10) to the show cause notice. Thereafter, General Manager (P), Railway Coach Factory, Kapurthala (respondent No. 3), considering the reply filed by the petitioner, passed the order dated September 30, 1995 (Annexure P-11) reverting the petitioner to the post of C.M.A with effect from October 16, 1995. The petitioner challenged the order Annexure P-11 before the Tribunal by way of filing Original Application No. No. 998-PB/1995, which was dismissed vide the impugned order.
(3.) The case of the petitioner is that similarly situated employees, namely, M. Dharma Rao, V.S. Krishnamurti and Dau Lal Lavania have been promoted to the posts of Laboratory Superintendent Grade-II and Laboratory Superintendent Grade I despite the fact that they are also possessing the same qualifications as the petitioner.;