M JAYARAMA vs South Western Railway on 31 December 2019

1. Union of India, Represented by General Manager South Western Railway, Hubli

2. Senior Divisional Personnel Officer, South Western Railway, Bangalore

….Respondents

(By Shri J. Bhaskar Reddy, Counsel for the Respondents)

O R D E R (ORAL) (HON’BLE DR. K.B. SURESH, MEMBER (J)

This is a strange case of applicant being denied promotion on the ground that his senior, who they considered to be eligible, had been absenting himself continuously for more than 6 years but for some reason or other they have not taken disciplinary action against him. On the same ground, out of reserved vacancies for Scheduled Tribes, applicant being the 3rd in the list was

denied promotion but now it so happened that the senior had passed away some time back. Therefore, without any doubt, applicant is eligible to be considered for it. There will be a mandate to the respondents to consider him and pass an appropriate order within one month next.

2. The OA is allowed. No order as to costs.

(C.V. SANKAR)

(DR.K.B.SURESH)

MEMBER (A)

MEMBER (J)

/ksk/

3 OA.No.170/01798/2018/CAT/BANGALORE

Annexures referred to by the applicant in OA No. 170/01798/2018 Annexure A1 Copy of the unwillingness letter dated 11.11.2017 Annexure A2 Copy of the representation dated 13.11.2017 Annexure A3 Copy of the representation dated 01.03.2018 Annexure A4 Copy of the letter dated 27.03.2018 Annexure A5 Copy of the RTI reply dated 12.06.2018

Annexures referred in reply statement Annexure R1 Copy of the Memorandum dated 11.12.2017 Annexure R2 Copy of the pay slip of July, 2019

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