R C DUA S/O DHALU RAM HEALTH AND MALARIA INSPECTOR NORTHERN RAILWAY Vs. V N MATHUR GENERAL MANAGER NORTHERN RAILWAY AND SHRI V K RAM TEKE CHIEF MEDICAL DIRECTOR NORTHERN RAILWAY

JUDGEMENT

(1.) THROUGH this petition applicant has alleged wilful and deliberate non-compliance of Tribunal's directions contained in order dated 12.7.2005 whereby OA No. 923/2005 was disposed of quashing and setting aside the impugned orders and directing the respondents to pass appropriate order in accordance with rules on seniority, promotion and other consequential benefits including arrears from the date immediate junior was promoted.

(2.) The learned Counsel of applicant pointed out that six junior persons of applicant were promoted to the scale of Rs. 7450-11500 w.e.f. 26.5.2004. Applicant has not been so promoted though he has been given benefit of ACP Scheme w.e.f. 30.6.2000. The learned Counsel particularly pointed out that applicant ought to have been given benefit of promotion with effect from the date his junior, namely, Shri H. C. Gambhir had been promoted.

(3.) IT has been stated on behalf of respondents on the other hand that in compliance of Tribunal's directions, respondents issued a fresh seniority list dated 3/4.8.2005 (as on 11.2.2002) wherein applicant's name was incorporated at Sl. No. 5A above Shri H. C. Gambhir and below Shri Sunder Lal. Keeping assignment of seniority of applicant w.e.f. 8.8.1991, applicant was accorded financial upgradation under ACP Scheme after completion of 12/24 years of service. He was granted upgradation in scale Rs. 7450-11500 w.e.f. 30.6.2000 with consequential benefits. He further stated that respondents have passed a detailed and speaking order dated 22.8.2006. As regards promotion of Shri Gambhir, applicant's junior, respondents have stated that Shri Gambhir was a candidate of the earlier selection for promotion in grade Rs. 7450-11500 and such promotion cannot be claimed by applicant as a matter of right as he had been transferred to Northern Railway as a result of re-organization of Railway Zones and was enlisted on the rolls of Northern Railway only on 1.4.2003. Respondents have further stated that as regards applicant's promotion to the Group 'B' post of Assistant Health Officer, five senior-most candidates were called for selection to fill up one Group 'B' post of Assistant Health Officer on ad hoc basis. Applicant's name figured at Sl. No. 6 (5A in the revised seniority list) and as such, his name could not be considered; he could have been considered only if any one of the five candidates senior to applicant had remained absent.