RAMA KANT CHATURVEDI JAGDISH GHANDRA S B UPADHYA Vs. DIVISIONAL SUPERINTENDENT NORTHERN RAILWAY MORADABAD:DIVISIONAL SUPERINTENDENT NORTHERN RAILWAY MORADABAD:DIVISIONAL SUPERINTENDENT NORTHERN RAILWAY MORADABAD

JUDGEMENT

(1.) These three appeals raise common questions. Pursuant to a decision to progressively dieselise rail transport, the Railway Board, with the approval of the President, decided upon the method of recruitment, training, scales of pay and allowances of the staff employed upon diesel locomotives. In the case of running staff, the post to which initial recruitment was to be made was that of diesel cleaner. Diesel cleaners were to have minimum middle school educational standard, but a proportion of the posts were proposed to be reserved for matriculates with a view to train them as skilled fitters and drivers. Cleaners who were matriculates and medically fit were first to be promoted as Drivers' assistants after passing the prescribed suitability test. Thereafter the promotions were to the posts of shunter, Diesel Driver (C), Diesel Driver (B) and Diesel Driver (A) in that order. These promotions were to be made by selection. As dieselisation was to be introduced soon and as it was not possible to appoint cleaners straightway as drivers, it was proposed to draw upon the staff of the "steam running side" to operate diesel locomotives by providing suitable training to them. It may be useful to extract here the note appended to the Railway Board's letter dated February 3, 1958 in regard to the drawing up of the staff on the steam running side to operate diesel trains. The note is as follows:

(2.) Thereafter on August 5, 1966 applications were invited from Firemen Grades B and C who were matriculates and who were desirous of taking Diesel Drivers' Assistants training. The present appellants who were matriculates and who were employed as Firemen Grade 'C' on the steam side submitted their applications and on passing the prescribed test and completion of necessary training, were appointed as Drivers' Assistants on the diesel side on various dates between 1968 and 1970 on an officiating basis. Subsequently on January 21, 1969 the prescription of minimum educational qualification as Matriculation was relaxed and it was said that steam staff who were otherwise considered suitable were not to be debarred from being appointed on the diesel side soley on the ground of educational qualification. After the relaxation of minimum educational qualification, there was a large influx of staff from the steam side to the diesel side. Many Firemen who were senior to the appellants on the steam side were inducted into the diesel side.

(3.) The question of confirmation of the staff inducted into the diesel side from the steam side came up for consideration and it was decided that those employed 'to officiate in a regular manner, by virtue of their seniority-cum-suitability or position in the panel against permanent vacancies should be considered for confirmation after one year's service provided they fulfilled other conditions for confirmation, vide Board's letter No. E (NG) 168.CN-5/2 dated August 3, 1968 and letter No. E (NG) 169 CN 5/31 dated February 19, 1970. The period of one year was later changed to two years. Along with the question of confirmation arose the question of reversion of some of the surplus staff to the steam side from where they were drawn. The Railway Administration issued instructions that the juniormost Firemen Grade 'C' officiating as Diesel Driver Assistant should be reverted in order to accommodate the senior staff. Pursuant to these instructions the appellants all of whom were drawn from the category of Firemen Grade 'C' who had been appointed as officiating Drivers' Assistants were reverted back to the steam side as Firemen Grade 'C' in order to make way for Firemen Grades 'A' and 'B' who were appointed as Drivers' Assistants on the diesel side long after the appointment of the appellants as Drivers' Assistants on the diesel side. Those drawn from the steam side Firemen Grades 'A' and 'B' were not and could not be appointed earlier than the appellants as Drivers' Assistants on the diesel side for the simple reason that at that time only matriculates were being considered for appointment as Drivers' Assistants and these persons did not possess that minimum qualification. It was only as a result of the relaxation of the minimum educational qualification that they became eligible to be appointed. The appellants filed Writ Petitions in the High Court of Allahabad questioning the reversion and claiming that they were entitled to be confirmed as Drivers' Assistants on the diesel side and to all consequential benefits. The Writ Petitions were dismissed by a learned single Judge of the High Court and appeals preferred under the Letters Patent were also dismissed. The present appeals have been filed after obtaining special leave of this Court.