GULAM MUSTAFA Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the above O.As. have been filed under Section 19 of the A.T. Act, 1985, challenging the panel of Passenger Guard (Grade Rs. 5,000-8,000) as declared by the Divisional Personnel Officer (in short DPO), Northern Railway, Allahabad, raising similar issue and, therefore, have been heard and are being decided by a common judgment. The leading O.A. being O.A. No. 829 of 2001.

(2.) In O.A. No. 829 of 2001 the applicants have prayed for quashing the panel dated 5.7.2001 and have further sought a direction to the respondents to appoint the applicants on the post of Passenger Guard from the post of Senior Goods Guard, on which the applicants are presently working by applying the principle of recruitment by transfer from one post to another, considering only their suitability, as it does not involve any promotion at all. The applicants in the alternative have also sought a direction the respondents No. 1, 2 and 3 to appoint the applicants and other Senior Goods Guards working in the pay scale of Rs. 5,000-8,000 to the post of Passenger Guard on the basis of their seniority subject to rejection of unfit.

(3.) IT is also stated that Selection has been held arbitrarily and in discriminatory manner in as much as the candidates who have outstanding record and were awarded several reward etc., have not been selected while the candidates who were even undergoing punishment, as a result of disciplinary proceedings have been found to be meritorious enough for being included in the panel.