AMAR DEO PRAKASH AND Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions were filed as early as 1985 but they are still at the admission stage. However notices have been issued to the respondents and we have heard counsel on both sides. As both the writ petitions relate to the same subject matter, it will be convenient to dispose of them by a common order and we proceed to do so.

(2.) THE controversy in these writ petitions is as to the proper principle for determination of seniority in the Transportation (Traffic) Department of the Indian Railways. Though the petitioners in Writ Petition No. 11704 of 1985, belong to the Central Railways, the principle to be determined will have application over all the nine Railways in the country and is being agitated in Writ Petition No. 12802 of 1985 by the All India Train Controller's Association. THE officials with whom we are concerend in these writ petitions occupy Group C (Class III) posts in the above department. THE question of their inter se seniority has become material for their promotion to Group B (Class II) posts which really form the lowest rung of the management cadre. 75 Per Cent of the vacancies arising in Group B (Class II) posts in. which department are filled in by promotion on selection from among Group C (Class III) employees of the department on the basis of seniority-cum-merit. THE difficulty in determination of the inter se seniority arises because there are different streams of eligible Group C (Class III) employees, occupying posts with different scales of pay, who have to be considered for selection to Group B posts. As only those employees from the different streams can be considered as fall within the zone of consideration is determined with reference to the number of vacancies in Group B for which the selection is held at any point of time, the position of an employee in the combined seniority list of all the streams assumes great importance.

(3.) THE zone of consideration of the employees for promotion is fixed in the order of the combined seniority of the employees from the different streams. In each of the streams, seniority depends on the grade. Normally, employees working in a higher grade on a regular basis are senior to those working in the lower grade. To illustrate, the highest Group C grade was Rs. 450-575 followed by the grades Rs. 370-475, Rs. 335-485, Rs. 335 425 And so on. (We are referring here to the old pay scales which have since been revised) THE employees working in the grade Rs. 450-575 were therefore placed on the top followed by those in the grades of Rs. 370-475, Rs. 335-485 and Rs. 335-425. This principle for determination of inter se seniority worked very well till 31-12-72 as the higher scale of pay in both the streams was the same. According to the department, it became difficult to follow this principle when, consequent on the acceptation and implementation of the recommendations of the Third Pay Commission with effect from 1-1-1973, higher or lower scales of pay came to be fixed in respect of certain posts which were having the same scale of pay up to 31-12-1972. For example, the scale of pay of Rs. 450-575 held by Station Masters and Traffic Inspectors in the Traffic Stream up to 31-12-1972 was upgraded to the scale Rs. 700-900 with effect from 1-1-1973. On the other hand, in the case of Chief Controllers of the Control Stream, the same scale of Rs. 450-575 was replaced by a scale of Rs. 840-1040/1200. Similarly, in the case of Station Masters and Inspectors in the grade of Rs. 370-475 in the Traffic Stream. the replacement was by the scale of Rs. 550-750 while in the case of Deputy Chief Controllers on the scale of Rs. 370-475, the replacement scale was Rs. 700-900.. Thus the Control Stream gained an upper hand in the matter of seniority and, consequently, of promotions.