MATA PRASAD VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant has filed this O.A. for quashing the seniority list dated 1.11.99 contained in Annexure A-1 to this O.A. THE applicant has also sought directions to be issued to the respondents to re-determine the seniority of Chemist and Metallurgist (C&M), after exclusing the name of Shri S.P. Manik (Respondent No. 4) from the cadre of C&M as per Rules of 1985. THE applicant has also sought a direction to the respondents to treat the post of Dy. Director (Rubber) as upgraded from time to time as a separate cadre from the cadre of C&M in the Indian Railways and to consider and promote the applicant to the next higher post in accordance with law. THE applicant further seeks quashing of the notification dated 29.6.99 (Annexure A-19) by which the respondent No. 4 has been appointed as C&M w.e.f. 16.3.72 in relaxation of recruitment rules. THE applicant further seeks quashing of office order dated 8.11.99 (Annexure A-23) by which the respondent No. 4 has been made the cadre Controlling Authority by M&C Directorate of R.D.S.O. THE applicant also seeks quashing of the corrigendum dated 13.7.2000 (Annexure A-24) whereby the respondent No. 4 has been ordered to oversee the work of Director (M&C) I and II alongwith corrigendum dated 1.1.2000 (Annexure A-25) by which the applicant has been directed to route his leave application etc. Through respondent No. 4.

(2.) The case of the applicant, as disclosed in his O.A. is that he applied and was selected by the Union Public Service Commission (U.P.S.C.) on the post of C&M vide appointment letter dated 18.4.77 (Annexure A-3 to the O.A.) and had joined on the post on 16.5.77 in the North East Frontier Railway. According to the applicant, U.P.S.C. and advertised 4 permanent posts of C&M in the Ministry of Railways (Railway Board) of Railway Service Group A vide advertisement dated 24.4.1976 (Annexure A-2) for which minimum essential qualification was Degree in Metallurgy and at least five years experience in Metallurgical line. The post of C&M is equivalent to the post of Dy. Director (Metallurgy). During the course of his career, the applicant was also transferred to Chitranjan Locomotive Works, R.D.S.O. Lucknow as Dy. Director (M) and as Senior Chemist/Metallurgist in Eastern Railway. The applicant came to R.D.S.O. Lucknow on the post of Joint Director C&M on 30.6.84 and was again transferred on that post in the Integral Coach Factory, Madras.

(3.) THE case of the applicant is that he was appointed in the M&C Department of the R.D.S.O. having vast experience in the branch and the post of Chemist and Metallurgist was in the separate cadre.