Pursuant to a scheme dated 24.8.1969 introduced by the Railway Board for direct Track Maintenance for the purpose of improvement in the maintenance of Tracks, the appellant applied for and were selected after written and viva voce tests and posted on ad hoc basis on 18.10.1985 as D.T.M. Mate.
It is admitted that the applicants were erroneously promoted as P.W. Mistry were posted against reqular posts.
Certain officials of the Division mischeviously and erroneously have enlisted these persons who were promoted on ad hoc basis in the year 1985 and 1986 against work charged post for the Direct Track Maintenance as if they were empanelled afresh in 1988 without the approval of the companypetent authority.
The appellants challenged orders of reversion dated 13.3.1989 issued by the Divisional Personnel Officer, Adra, South Eastern Railway unsuccessfully before the Central Administrative Tribunal, Calcutta Bench.
Accordingly, the names of the appellants were included in the List issued by the Divisional personnel officer, Adra by Memorandum dated 1.6.1989 for the said posts.
The circumstances leading to the passing of the impugned reversion orders and challenge thereto may number be numbered.
The respondents while admitting the selection and inclusion of the appellants in the panel for the appointment of permanent Way Mistries supported the orders of reversion by filing a written statement before the Tribunal stating as follows I totally deny that neither there was a selection, number there was any selection proceedings therefor, number was approval of companypetent authority obtained for so called empanelment in 1988.
It is under these circumstances these appeals are filed by special leave.
The appellants were aggrieved by the orders of termination issued on 13.3.1989.
The appellants did number challenge that reversion.
Emphasis supplied As aforesaid the promotion itself was irregular and as a companysequence the posting of the applicants against regular posts was irregular by itself.
The appellants challenged the impugned orders of reversion by filing two O.As on various grounds before the Central Administrative Tribunal, Calcutta Bench.
While the appellants were working as Permanent Way Mistries, all of a sudden without any opportunity being given to them, the impugned orders of reversion came to be passed.
Heard companynsel on both sides.
Venkataswami Leave granted.
The appellants were working in the South Eastern Railway as Gangmen.
Subsequently, it is the specific case of the appellants that numbersuitable candidates were available from regular promotional avenue for promotions and in view of the necessity for appointment to the posts of permanent way Mistry, the Selection Board companystituted for the purpose of recommending empanelling suitable candidates recommended the names of the appellants.
The regular posting orders as numberified 6.7.88, 13.7.88 and 12.10.88 are.
Approximately after a period of 13 months, the appellants were reverted at the end of 1986 to the posts of Gangmen.
