JUDGEMENT
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(1.)Special leave granted. Heard the learned counsel for the parties.
(2.)By its Employment Notice No. 1/90, the Railway Recruitment Board invited applications for 308 vacancies in the post of Diesel Assistants in Palghat and Trivandrum Division of the Southern Railways. Among others the respondent applied for the above post, and on his success in the written examination and viva voce test held for the purpose, the Board included his name in the select list, published under Notification No. 4/91, dated March 25, 1991, and forwarded the same to the Southern Railway Administration recommending appointments therefrom. As in spite of his such inclusion in the panel he was not being given any appointment, he filed an application before the Central Administrative Tribunal, Ernakulam, contending inter alia, that even though in the select list his rank was 172 he had not been given appointment but persons lower in rank were appointed. Accordingly, he prayed for necessary directions for his appointment as a Diesel Assistant in accordance with his position in the panel.
(3.)In contesting the application the appellant-Railways contended that subsequent to the issuance of the notification dated March 25, 1991, the Railways had taken a policy decision that the requirement of Diesel Assistant Staff had to be reduced owing to impending absorption of Steam surplus staff. As a result, the bottom 25 persons in the select list had to be withdrawn from the list recommended for employment. The Railways further contended that the select list was not prepared in order of merit and that the respondent's contention that his rank in the list was 172 was incorrect. Indeed, according to the Railways, the respondent was at the bottom of the list and consequently his name, besides other's, had to be withdrawn on the reduction of the number of vacancies.
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