Rajasthan High Court - Jodhpur
Union Of India & Ors vs Inder Sain Mahawar & Anr on 12 March, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
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D.B. Civil Writ Petition No. 274 / 2009
1. Union Of India through the General Manager, North-Western Railway, Jaipur Rajasthan.
2. Divisional Railway Manager, North Western Railway, Ajmer Division, Ajmer Rajasthan.
3. Divisional Personnel Officer, North Western Railway, Ajmer Division, Ajmer, Rajasthan.
----Petitioners Versus
1. Inder Sain Mahawar S/o Shri Gurudayal Ji Mahawar, aged 37 years, Resident of House No.72/377, Near Apostolic Church Gandhinagar, Abu Road, Distt: Sirohi (Rajasthan) Presently working on the post of Assistant Loco Pilot C/o Chief Crew Controller, Loco North Western Railway, Abu Road Ajmer Division (Rajasthan).
2. The Central Administrative Tribunal, Jodhpur Bench, Jodhpur.
----Respondents _____________________________________________________ For Petitioner(s) : Mr. M.R.Pareek.
For Respondent(s) : Mr. S.K.Malik.
_____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 12/03/2018
1. Heard learned counsel for the parties.
2. The respondent had sought a direction that his candidature be considered for promotion to the post of Goods Driver against Scheduled Caste Reserved vacancy. The tribunal noted that on 24.07.2003, process of promotion to the post of Goods Passenger Driver having four posts earmarked for Scheduled Tribe has been (2 of 2) [CW-274/2009] initiated and soon thereafter on 04.08.2003, the process for promotion to the post of Goods Driver for one Scheduled Tribe post was initiated. The tribunal has noted that identification of posts has to be on the post based roaster system in view of decision of the Hon'ble Supreme Court in R.K.Sabharwal's case. The roaster register was not produced.
3. Without directing as to what number of post should be filled up from Scheduled Tribe category candidates to the post of Goods Driver, the tribunal has disposed of the original application directing the respondents-petitioners to consider entitlement of the original applicant with reference to the number of vacancies available in Scheduled Tribe category keeping in view roaster point register.
4. Since no determinative finding has been written by the tribunal and final direction requires the petitioners to do the needful in view of the law declared in the case of R.K. Sabharwal's case. No case is made out to interfere in the impugned order. The writ petition is dismissed.
(VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ. Anil Singh/25