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Showing contexts for: post based roaster in Anwar Khan vs General Manager N C Rly on 20 March, 2024Matching Fragments
11. It is submitted by respondent Nos. 6 to 9 in their Counter Affidavit that they are entitled to get the promotion because sufficient representations not available in the cadre. In the entire counter affidavit, the most part of the affidavit has been filled by quoting the various case laws. Therefore, it is not required to mention here. The case laws will be discussed later on. It is submitted by them that the post of Loco Pilot (Goods) and Loco Pilot (Passenger) were classified as selection posts. This post is not a non-selection post which is filled on the basis of seniority-cum-fitness and the applicants are illegally claiming that the post of Loco Pilot (Passenger) should be filled on the basis of seniority-cum-suitability along. It is also mentioned that even in the non-selection post, the post-based roaster is applicable as provided in the Constitutional Bench Judgment passed in R.K. Sabharwal's case [1995 SCC (L&S) 546], the other facts are similar to the counter affidavit filed by respondent No. 1 to 5. The respondents pray to reject the OA.