Union of India (UOI) and Others vs Suraj Kumar

The Union of India has challenged the order of the Tribunal dated 10 July, 2000.

The Tribunal examined the matter of the claim of Suraj Kumar to be appointed as a coach attendant after he had repeatedly appeared in examinations but was declared unsuccessful and yet on some occasions was terminated from appearing in the examination.

Repeatedly the Railway Administration faulted the Respondent, Suraj Kumar, on the ground that when he entered service he was underage. Once this matter had been examined and the first time the Petitioner had been unsuccessful in not being considered for promotion, passing over his claim again and again on the same ground cannot be permitted. It was open to the Railway Administration to have dispensed with the service of the Respondent, Suraj Kumar, if they found that any fraud has been committed in recruiting him when he was underage. But in recruiting the Respondent, Suraj Kumar, when he was below age must have been a concerted action between the Respondent, Suraj Kumar, and the Railway Administration. Once Suraj Kumar was qualified to hold the job on the basic qualification of age whenever it was the previous chapter cannot be repeated again and again to fault him. This aspect has been noted by the Tribunal. The Court does not find any error in the order of the Tribunal.

This writ petition is misconceived and is, accordingly, dismissed.