- (1.) Heard learned senior counsel for the petitioner and the respondents.
(2.) The writ petitioner was the applicant in Original Application no.051/00184/2014 and Review Application No.051/00005 of 2016 from which the impugned order dated 13th April, 2016 and 17th May, 2016 arises.
(3.) Briefly stated the undisputed facts, as born on record are narrated hereunder:- On 29th March, 2008, notification was issued by the Railway Recruitment Board, Ranchi inviting application for filling up vacancies on the post of Section Engineer (Signal) and Section Engineer (Telecommunication). Four vacancies for the post of Section Engineer (Signal) and five for that of Section Engineer (Telecommunication) were advertised. Applicant appeared in the examination and was called for verification of documents vide Annexure-3. The note to the call letter indicated that candidate is being called for verification of documents and genuineness of candidature provisionally as wait listed under 20% additional candidates over and above the number of vacancies. This is primarily to avoid shortfall in the panel due to absentism/failure in vision test etc., if any. It was further indicated that mere calling for verification of documents, genuineness does not in any way entitle the candidate empanelled/employment in the Railways. The panel was published on 9th February, 2009 which contained the names of nine candidates found suitable on the basis of their merit position. The applicant was not amongst nine candidates. Applicant for the first time made representation before the Chairman, Railway Recruitment Board, Chuita, Ranchi on 10th May, 2012 (Annexure-6) stating that after the document verification on 7th January, 2009 where he was considered as waiting list no.1., he has been waiting for his chance to be called for. He sought to know the status of his claim. He further represented on 24th July, 2012 to the Chief Personnel Officer, East Central Railway, Headquarter, Hazipur again seeking intimation as to whether some of the four candidates did not join pursuant to their selection. In that eventuality, he may be tended the appointment letter as he is at serial no.1 of the waiting list. Thereafter, under RTI he got information vide letter dated 27th June, 2013 that roll number of the applicant finds place in the unreserved category at the top of 30% additional candidates in list. Petitioner moved the Central Administrative Tribunal, Allahabad Bench in O.A. No.689 of 2013 seeking a direction upon respondents to appoint him on the post of Section Engineer (Signal) or in the branch of Telecommunication pursuant to the advertisement dated 29th March, 2008. The said application was dismissed as not maintainable by order dated 19th May, 2014 (Annexure-8) as no cause of action either in whole or in part arose within the jurisdiction of the learned CAT Bench at Allahabad. However, in Review Application No.330/00026 of 2014, the learned Central Administrative Tribunal at Allahabad by order dated 5th August, 2014 (Annexure-9) allowed liberty to the applicant to seek legal remedies before the tribunal/courts having jurisdiction without any prejudice arising out of the said order. Petitioner thereafter approached the learned Central Administrative Tribunal, Patna Bench at Ranchi in the instant O.A. seeking writ/order or direction in the nature of mandamus calling for the records of selection including the wait list together with panel and the number of vacancies which remained unfilled and further for direction upon the respondents to issue offer of appointment to the petitioner on the post of Section Engineer (Signal) or Section Engineer (Telecommunication), pursuant to the recruitment notification dated 29th March, 2008 against one of such unfilled vacancies; petitioner being at the top of the wait list.;