- (1.) Briefly stating the facts of the case are that the petitioner was initially appointed on the post of Clerk vide order dated 21.2.91 in the office of the Divisional Railway Manager, Western Railway, Kota. Thereafter, in the year 1997, vide order dated 10.12.97, the petitioner was promoted on the post of Senior Clerk on ad hoc basis against a clear vacant post. After 8 days i.e. on 18.12.97, the post of Senior Clerk against which the petitioner was promoted was surrendered and later on it was restored vide order dated 29.5.98. The petitioner was promoted on the post of Senior Clerk on ad hoc basis on a clear vacant post vide order dated 10.12.97 but for want of post he was reverted on the post of LDC vide order dated 4.2.98 but the petitioner did not opt to challenge the reversion order dated 4.2.98 before the Central Administrative Tribunal at the relevant point of time. Thereafter, prescribed examinations were conducted for the promotion to the post of Senior Clerk. The petitioner appeared and qualified the examination and was promoted to the post of Sr. Clerk on regular basis on 20.4.99. The petitioner filed an application before the Central Administrative Tribunal, Jaipur Bench Jaipur for quashing the reversion order dated 4.2.98 praying that the respondents may be directed to treat the petitioner as promoted with effect from 10.12.97 with all consequential benefits.
(2.) We have heard the learned counsel Shri I.S. Malik and perused the order passed by the learned Central Administrative Tribunal, Jaipur and also the Annexures annexed with the writ petition.
(3.) The petitioner's main contention was that the surrender of the post of Senior Clerk was because of inadvertent mistake and was rectified by a corrigendum dated 29.5.98. Since the petitioner was promoted on the post of Senior Clerk on ad hoc basis against the clear vacant post vide order dated 10.12.97, he is entitled to be regularised from 10.12.97 and is also entitled for all consequential benefits. He further submits that action of the respondents for reverting the petitioner is illegal and have wrongly surrendered the post of Senior Clerk which has adversely affected the legitimate right of the petitioner. It has also been contended that the Central Administrative Tribunal misrepresented the word 'surrender' as flouted in its order dated 8.11.2000.;