Writ Petition (Service) No. 3154 of 2008
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In the matter of an appeal under Article 226 of the Constitution of India
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Shiv Kant Verma ...... Petitioner
Versus
1. Union of India through Divisional Railway
Manager, East Central Railways, Dhanbad
2. Divisional Railway Manager, East Central
Railways, Dhanbad
3. Senior Divisional Personnel Officer, East
Central Railways, Dhanbad ...... Respondents
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For the petitioner: Mr. Rajan Raj, Advocate
For the respondents: Mr. Ram Niwas Roy, Advocate
PRESENT
HON'BLE THE ACTING CHIEF JUTICE
HON'BLE MR. JUSTICE D. N. PATEL
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By Court: The posts of Passenger Guards, which were advertised were filled up
on 28.6.2006. The petitioner subsequently became eligible, because of the
subsequent event of rectification of seniority.
2. The posts which were not advertised for the selection in question i.e.
future vacancies could not be directed to be filled up on the basis of the
selection in question, as is well settled by the law laid down by the Supreme
Court.
3. The other option i.e. reverting one of the promoted candidates, who as
a result of rectification of seniority done on 7.11.2006, for accommodating
the petitioner on the promotional post, was also not possible because no
such person had been impleaded as a respondent before the Central
Administrative Tribunal.
4. In the circumstances, the selection result declared on 28.6.2006 as a
result of which promotion to the posts of Passenger Guards took place,
could not have been upset by the Central Administrative Tribunal in the
proceedings as drafted by the petitioner, merely because of the subsequent
alteration of the petitioner’s seniority on 7.11.2006.
2.
5. In the circumstances, the petitioner can only take his chance at the
next selection and if on the next selection the petitioner is promoted, it may
be open to him, if the rule so permits, to seek readjustment of seniority with
the persons junior to him, who have been promoted as a result of the
selection in question.
6. Subject to the above, the writ petition is dismissed.
(Sushil Harkauli, A.C.J.)
(D.N. Patel, J.)
Jharkhand High Court, Ranchi
Dated the 13th August, 2010
A.K.Verma/ N.A.F.R.