K L ARORA S/O SHRI ISHWARDAS JI Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in the OA is made to order dated 14.7.2005. A direction is also sought to retain applicant in Delhi in terms of Railway Board instructions dated 14.3.1974.

(2.) Admitted facts of the case are that applicant joined Railway service in Bikaner Division as Signal Inspector on 09.2.1978. DRM, North Western Railway, Bikaner invited applications for the post of Sectional Engineer in grade of Rs. 6500-10500/- in R.D.S.O. Department. He was selected and offered said post vide letter dated 07.2.2001. He was relieved from Bikaner Division and joined the post of Sectional Engineer at Lucknow on 20.7.2001. One of the conditions as enumerated under the offer of appointment had been that the post of Sectional Engineer is an ex-cadre post having tenure of four years, which was liable to be extended/curtailed.

(3.) IT was further contended that many vacancies in said grade are lying vacant and he can be retained easily. Moreover, according to Railway Board's P.S. No. 6024 dated 14.3.1974 transfer of staff from one station to another in the same grade should not, as a matter of principle, be made within two years of the date of superannuation. The said circular is applicable to all employees whether they are working on permanent posts or ex-cadre post. Similarly, there are various persons, who have been retained in the ex-cadre post beyond a period of four years which is the normal tenure, namely Shri A.K. Sharma, Shri B.R. Malik and Shri K.P Srivastava.