- (1.) In both these petitions common question of law and facts are involved hence they are decided by this common judgment.
(2.) By way of these petitions, the petitioner as well as Union of India have challenged the judgment and order of the tribunal whereby tribunal has allowed the OA preferred by Mr. Sushant Sharma (respondent no.1 in CWP No.8760/2011) and respondent no.4 in CWP No.8214/2011).
(3.) While considering the case, the tribunal has observed as under:- "9. Pursuant to this interim order, the respondents Department had issued letter dated 05.09.2007 wherein it was made clear that finality of the panel notified vide Annexure A/1 (Panel dated 03.08.2007) shall be subject to the outcome of this OA. By perusal of the said letter, it reveals that the panel which has been prepared had attained finality and is subject matter of this OA. Thus we are not impressed with the arguments advanced on behalf of the respondents that this OA is not maintainable against the order Annexure A/1 and sub clause 2 of regulation dated 26.11.1986 after undergoing the process of selection. Further we are not impressed with the submission advance on behalf of the private respondent No.4. that as per provisional panel, respondent no.4 is working on the post of Junior Engineer Grade II (Tele) and as Para 3.2 of Railway Board's letter dated 19.06.2009 any previous selection panel drawn before the issuance of this letter need not be reopened. As already discussed hereinabove, the provisional panel which has been prepared is with the understanding that it shall be subject to the decision and final outcome of this OA and cannot be said to be final. Therefore, in view of the ratio decided by the Hon'ble High Court and Supreme Court and fresh Railway Board's circular dated 19.06.2009, the present OA is allowed and impugned order dated 03.08.2007 (Annexure A/1) is quashed and set aside and the respondents are directed to recast the panel of the successful candidates on the basis of total marks obtained in the LDCE and to promote the applicant to the post of Junior Engineer Grade II in case he finds place in the panel ignoring the seniority with all consequential benefits.";