HARISH KUMAR vs UOI & ORS.

Judgment text excerpt

$~132 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.05.2025 + W.P.(C) 5449/2003 HARISH KUMAR .....Petitioner Through: Ms. Supriya Manan, Adv. versus UOI & ORS. .....Respondents Through: Ms.Saroj Bidawat, SPC for R-1 to 3. Mr.A.K. Trivedi, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner, challenging the Order dated 09.05.2002 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘learned Tribunal’) in O.A. No.3146/2001, titled Hind Kumar & Anr. v. Union of India & Ors., and the Order dated 11.07.2003 passed by the learned Tribunal in R.A. No.146/2002 in O.A. No.3146/2001. 2. To give a brief background of the present petition, the Railway Board, by its Circular dated 01.05.1996, decided as an interim measure that whenever the Railways is unable to fill up the vacancies for the post of Goods Drivers by promotion of Shunters in terms of Board's letters dated 03.08.1995 and 13.12.1995, the Railways may, with the personal approval of their General Manager, also consider first Fireman/Diesel/Electric Assistant, (including shunters with less than 3 months service) for filling up the vacancies of Driver (Goods), Signature Not Verified Digitally Signed WP(C) 5449/2003 Page 1 of 7 By:RENUKA NEGI Signing Date:19.05.2025 20:38:38 provided they have put in: “i) Six years service (combined as Second Fireman and First Fireman/Diesel Assistant/Electric Assistant). ii) two years service as first Fireman/Diesel Assistant/Electric Assistant; and iii) 60,000 kms. experience of foot-plate as First Fireman/Diesel Assistant/Electric Assistant.” (emphasis supplied) 3. Since adequate number of Shunters and Sen