Gomber, J. - (1.) HEARD at the admission stage itself.
(2.) THIS petition filed by the petitioner under Article 226 of the Constitution of India is directed against the order of Central Administrative Tribunal, Jaipur Bench, passed on 9.11.2009 whereby his Original Application (for short ' the OA') seeking setting aside of orders dated 8.7.2004 and 15.7.2004, and also seeking direction against the respondents to grant him promotion to the post of Fitter Gr.II., was dismissed. Briefly stated facts of the case, as per his pleadings, are that he was appointed as Khallasi in Electric Unit on a regular post on 22.8.1989 and in the seniority list prepared by the Divisional Railway Manager, Western Railway on 17.5.1990, his name appeared at serial no.193. Thereafter on 2.12.1996, he was promoted as Senior Khallasi against Scheduled Caste quota. Jagdish Prasad Atal (not before us as he was not made a party in the OA), was appointed as Cleaner in 1987, came from Carriage Unit, Phulera to Electric Unit on 14.6.1990 on a request transfer and was to be given bottom seniority in the category of Khallasi Grade 750-940 from 14.6.1990 only as per order dated 29.4.1990. The post of Senior Khallasi held by him as also the post of Cleaner held by Jagdish Prasad Atal, were Group "D" posts and Jagdish Prasad Atal though was senior to him, but on account of his request transfer in 1990, he was to be given bottom seniority in Jaipur Division. Since Jagdish Prasad Atal was not working in Electric Unit, therefore, in the seniority list prepared by the Divisional Railway Manager, Western Railway, Jaipur on 17.5.1990, petitioner's name appeared at serial no.193 and name of Jagdish Prasad Atal did not find place therein. Therefore, on 2.12.1996 when petitioner was promoted as Senior Khallasi against Scheduled Caste quota, Jagdish Prasad Atal was not given any promotion and rightly so. His allegation was that on 3.7.1997 an order came to be issued whereby Jagdish Prasad Atal was assigned seniority on the post of Khallasi Grade 750-940, showing him at serial no.35-B, which was illegal and arbitrary because he could not have been promoted without passing the Trade Test. Thereafter, on 6.8.1999, respondents again promoted him as Fitter Grade III without notifying and even without his promotion to the post of Senior Khallasi. While giving the benefit of promotion to Jagdish Prasad Atal, petitioner's name was shown in the category of general candidates and by this act of respondents, he was estopped from appearing in the Trade Test, whereas Jagdish Prasad Atal was promoted against Scheduled Caste reserved quota post Grade 3050-4590 from 14.9.1999. Being aggrieved of aforesaid action of respondents, he filed OA no.494/2001 and challenged the promotion of Jagdish Prasad Atal on the ground that it was done without following the procedure prescribed. In pursuance of directions given by the learned tribunal, while disposing of his OA, he filed the representation which was decided in his favour on 8.7.2004 and Jagdish Prasad Atal was reverted from the post of Fitter Grade III and was placed lower to him in the seniority list, as the petitioner was assigned seniority at serial no.69 whereas Jagdish Prasad Atal was shown at serial no.70. However, vide order dated 15.7.2004 respondents declined anti dating petitioner's promotion to 14.9.1999 (the date from which Jagdish Prasad Atal was erroneously promoted on the post of Fitter Grade III by ignoring petitioner's seniority. The petitioner, being aggrieved from order dated 8.7.2004 whereby Jagdish Prasad Atal was reverted and order dated 15.7.2004 whereby petitioner was refused promotion from 14.9.1999, filed OA No.75/2005 before the learned tribunal to the limited extent of denial of promotion from 14.9.1999, which came to be dismissed by the impugned order.
(3.) FACTS available on record are that while Jagdish Prasad Atal was working on the post of Fitter Grade III on substantive basis, a Notification dated 8.10.2001 was issued proposing to prepare a panel of 16 Electrical Fitter Grade II posts in the pay scale of Rs.4000-6000. Out of 16 vacancies, 3 were reserved for Scheduled Caste candidates, and the name of Jagdish Prasad Atal found place at serial no.13 of this eligibility list. After issuance of this Notification, the petitioner filed OA No.494/2001 before the tribunal assailing the validity of promotion of Jagdish Prasad Atal on the post of Fitter Grade III vide order dated 14.9.1999 and also against the Notification dated 8.10.2001 whereby Jagdish Prasad Atal was found eligible for the post of Fitter Grade II whereas petitioner's name could not be included in the eligibility list for promotion to the post of Fitter Grade II as he, at the relevant time, was Group "D" employee and was not even granted promotion to the post of Fitter Grade III and was not included in the eligibility list. Said OA was dismissed as withdrawn by the appellant with the direction to respondents to consider and dispose of fresh representation of petitioner by a speaking order. Pursuant to the order of tribunal in the OA no.494/2001, the respondents decided his representation and found that the petitioner was senior to Jagdish Prasad Atal and after issuing show cause and hearing Jagdish Prasad Atal, reverted him from the post of Fitter Grade II to Fitter Grade III vide order dated 8.7.2004. ;