S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner against the judgment and order dated 27th June, 2005, passed by the Central Administrative Tribunal, Circuit Bench at Ranchi, in O.A. No. 5 of 2005, whereby and whereunder, the application, preferred by the petitioner and others, has been dismissed.
(2.) IN the aforesaid application, the petitioner and others challenged a notice, inviting applications for drafting fifteen persons as PCNL(Power Controller)/CCNL(Crew Controller), as was circulated by Memo dated 22nd December, 2004. Further prayer was made to grant them the pay scale of Rs. 6,500 -10,500/ - along with all the benefits and to maintain their seniority. The Tribunal while held that the petitioner and others can not be regularized against the posts of Power/Crew Controllers, posts having been abolished and added to the posts of Drivers under 1998 Scheme, rejected rest of the prayers. It is not in dispute that the petitioner and others were Goods Drivers in the pay scale of Rs. 5000 -8000/ -. The claim of the petitioner is based on the ground that he has already been selected as suitable candidate and was posted against one of such posts of Power/Crew Controller and thereby, there was no occasion for the respondents to call for applications for posting against such posts, as made vide circular dated 22nd December, 2004.
(3.) IT would be evident from the order dated 7th January, 1999 (Annexure - 6 to the writ petition) that the petitioner and two others were declared suitable to work as PGH/CCL(Controllers). Their basic designation is Electric Drivers. By subsequent order No. 3093/V/90 dated 16th February, 1999 they were deputed to work as PCNL/CCNL at the places, indicated against their names. Haing been shown as Electric Drivers, they are shown to have been deputed to work as PCNL/CCNL, which can not be held to be a letter of appointment/promotion. By order No. 31/5/Trt/2005 dated 6th May, 2005 while the petitioner has been shown as Drivers -Elect. Loco Pilot (Goods) in the pay scale of Rs. 5000 -8000/ - and to have been working as drafted Crew Controller, has been transferred and posted at PTRU in his own scale of pay and was asked to look after the work of CCNL/BRWD till alternative arrangement is made.;