Ca HEGH COURT OF CHHATTI$GARH AT BILASPUR DIWSION BENCH CORAM HON’BLE SHRI H.L. DATTU, CJ. HON’BLE SHRI V.K. SHRIVASTAVA, J. W. P. NG.3013 of 2900 PETiTmNER ’1. Union of mdia, represented through the Generai Manager, South Eastem Raitway, Garden Reach, Calcutta. ‘The Chief Personne! Officer South Eastern Railway, Garden Reach, Catoutra. 3. The Senior Divisional Personnel Officer South Eastern Railway, Garden Reach, Bilaspur. (MP). Versus J.N. Mohanty S/o Shri Sudarshan Mohanty, Goods Guard, 78E, Railway, Bilaspur R/o M Papa Rao Building, Gudakhoo Factory Road, Shankar Nagar, Bilaspur (MP). New Delhi RESPQNDENTS 1, 2. The Central Administrative Tribunal, Bench at Jabalpur (MP) Through its Registrar Present: Shri Psi Koshy, counsel forthe petitioners. Shri HS. Ahluwalia, counsel for respondent No1. ORAL ORDER (Passed on 20‘“ March, 2007) The following oral order of the Court was passed by H.L. Datiu, C.J. The first respondent is an employee working in South Eastern Railway (‘Railways’ for short). According to the petitioner, the first respondent is a Goods Guard and therefore,‘ he would fall under the category of running statti (2) By issuing a notification dated 10.10.199‘t, the petitioners had notified and calied the eligible persons to participate in the promotion process to be hekj for the past of Welfare Inspector Grade — m in the pay scaie of Rs‘1400 — 2300/— (3) According to the petitioners, this promotion was meant oniy for stationary staff atone. The first respondent herein who was working as a running staff had participated in the seiection process held for Welfare inspector Grade — iii pursuant to the notification issued by the Railways dated 10.10.1991 ln the promotion process, he was selected and therefore, he was called for viva—voce test. (4) Thereafter, the petitioners/Railways have realized that since the petitioner is working as a running staff, he is not eligible to be called for viva— voce test. Accordingly, they have issued an appropriate endorsement to the first respondent dated 02.071992. Aggrieved by this aotiontof the petitioners, the first respondent had filled O.Ai No.280 of 1993 before the Tribunal. The Tribunal had allowed the application filed by the hrst respondent by order dated 08.02.2000 and had issued certain direction to the Railway Authorities. (5) The Railway Authorities being aggrieved by the orders and directions issued by the Tribunal are before this Court in the present writ petition. This Court while entertaining the writ petition, by order dated 21.06.2000 had granted an interim order staying the orders and directions issued by the Tribunal and the said interim order came to be vacated by this Court on 20.06.2005. Further, this Court has directed the petitioner to invite the first respondent for viva-voce test and if he’is found eligible, to appoint him as a Welfare Inspector, subject to the result of the writ petition. (6) Shri RS. Koshy, learned counsel appearing for the petitioners/Railways would submit that during the pendency of this writ petition, “the Railway Authorities have implemented the orders and directions issued by the Tribunal in O.A. No.280 of 1993, disposed of on 08.02.2000 and have also complied \Q wi‘m me interim directions issued by this Court 0n 20.06.2005 and therefore, the issues raised ih this Writ petition are whoiiy academic and the Court need not decide the academic issues. (7) When ieamed counsel appearing for the petitioners nimseif Says that in View of the deveiopment that has taken piece during the pehdenoy of this writ hetition, the issues raised in the petition have become academic, ih our opinioh it may not be necessary for us to go into the merits of the contentions canvassed by the petitioners in this writ petition. Acoordingiv, the writ petitron ts eisposed of as unnecessary. However, liberty is reservee to the first respondent to approach the oetitionersiRailwav Authorities. it for any reason he has other grievances. kt and when such request is made by the ftrst respondent, the Raitway Authonttes are requested to consider the same in accordance with law. Ordered accordingiy. ' Sd/— ‘ " . F. V.K. Shrivastava .r Judge Sdl— Chief Justice i