- (1.) AT the request and with the consent of learned counsel for the contesting parties, we have considered this matter finally at this stage itself.
(2.) AFTER having heard the learned counsel for the parties and having perused the material placed on record with reference to the law applicable, we have formed an opinion that the matter deserves to be remanded for consideration afresh by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('CAT'). As the matter is proposed to be remanded for consideration afresh, we do not propose to dilate much on all the factual and legal issues involved in the matter. Only a brief reference to the background aspects would suffice. The respondent No.2 of this writ petition (the applicant), Shri Jag Ram Meena, was initially appointed as Traffic Apprentice and after successful completion of the requisite training, he came to be posted as Sectional Controller in Allahabad Division of Northern Railway in the year 1993. He was transferred on mutual exchange basis to Jodhpur on 19.06.1994. He was accorded next promotion to the post of Deputy Chief Controller with effect from 17.11.1995 in the pay scale of Rs.2000 -3200. The respondent No.3 of this writ petition was also promoted as Deputy Chief Controller on 17.11.1995.
(3.) THE petitioners issued a Restructuring Scheme of certain Group C & D cadre including that of the Controllers under the Circular dated 28.10.2003. This Scheme was made effective from 01.11.2003 resulting in increase of cadre strength of Chief Controller from 9 to 12; and after superannuation of one incumbent on 30.06.2004, the number of persons on the roll of Chief Controller was 8 as against the cadre strength of 12.;