Raghuvendra S. Rathore, J. - (1.) BEING aggrieved of the order dated 30.11.2011 passed by the learned Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the learned Tribunal') that the petitioner has preferred this writ petition. He has prayed that the order passed by the learned Tribunal in Original Application No. 279/2010 may be quashed and set aside. Further, he has prayed that the Original Application filed by him before the learned Tribunal may be allowed in the term of the relief claimed therein. It has also been prayed that headings personality, address, leadership, academic/technical qualification be deleted in Examination of LDCE JE.II TRD 2004 and the consequential marks awarded in these heads to the private respondents No. 3 to 8. He has also prayed that the respondents be directed to select and promote him on the post of JE II, above respondent No. 5 Babulal Jain, who had secured lesser marks in written test, service record and also to grant two marks additionally towards DRM awards. Lastly, the petitioner has prayed that he be promoted with all consequential benefits, at par with respondents No. 3 to 8.
(2.) IN short, the facts of this case are that the petitioner was initially appointed as a directly recruited Apprentice on 12.08.1986. He was posted as Technician Grade -III on 30.11.1986 at Kota. Thereafter, he was promoted as Technician Grade -II on 15.10.1992 and then as Technician Grade -I on 31.10.2010. Amongst the technicians, the petitioner is eligible for JE Grade -II. He is also eligible for promotion to the said post through Limited Departmental Competitive Examination (hereinafter referred to as 'the LDCE'. According to para 219 of IREM Volume -I, the post of JE Grade -II can also be filled up through LDCE. The Divisional Railway Manager, Kota had, by Notification dated 04.03.2004, invited the eligible for LDCE selection for promotion to the post of JE Grade -II (5000 -8000). The petitioner, being eligible for said post, applied and thereafter appeared in the written test held on 24.07.2004. Subsequently, a panel of seven JE Grade -II in the scale of 5000 -8000, against the LDCE quota, was prepared on 13.09.2004. Though the petitioner had done extremely well in the written test and was very much hopeful for being selected in merit, but non -inclusion of his name in the panel of JE Grade -II came as a surprise to him. He also had a good service record, so much so, that he was awarded DRM Award on two occasions. Therefore, the petitioner had given a representation to respondent No. 2 on 14.09.2004. The reply which came in response to the said representation gave a clear answer that nobody had secured 80% or more than 80% marks.
(3.) THE petitioner had then filed an OA (464/2004) before the learned Tribunal challenging the panel of JE Grade -II declared on 13.09.2004. The learned Tribunal, vide its order dated 25.07.2007, allowed the OA and had set aside the panel dated 13.09.2004. Further it had directed the General Manager, West Central Railway, Jabalpur (M.P.) and the Divisional Railway Manager, Kota to recast the panel. The respondents had challenged the order of the learned Tribunal passed on 25.07.2007 by filing a DB Civil Writ Petition (10487/2007) before the High Court. The High Court had decided the writ petition on 01.02.2008 and upheld the order dated 25.07.2007 passed by the learned Tribunal. Subsequently, the respondents filed a Review Petition (6/2008) before the Central Administrative Tribunal which was dismissed on 28.11.2009. Therefore, the respondents have again filed DB Civil Writ Petition (797/2009) before the High Court challenging the orders dated 25.07.2007 and 28.11.2009. The said writ petition was also dismissed, vide order dated 10.09.2009.;