INDIAN RAILWAY SERVICE OF MECHANICAL ENGINEERS ASSOCIATION UNION OF INDIA Vs. INDIAN RAILWAY TRAFFIC SERVICE ASSOCIATION:INDIAN RAILWAY TRAFFIC SERVICE ASSOCIATION

JUDGEMENT

(1.) Leave granted.

(2.) The controversy in these cases arises out of the challenge by the first respondent in Special Leave Petition (C) No. 7853 of 1992 (Indian Railway Traffic Service Association) to the amendment in the scheme for making appointments to the posts of General Managers in the Indian Railways. The effect of the amendment is the rule of predominance restricting the number of persons who could be appointed as General Managers from any one Railway Service, which was originally 6 out of 16 posts, was changed to 37.5 per cent of the total number of posts. Simultaneously, thetotal number of posts was increased to 19. This challenge was upheld by the central Administrative tribunal, Principal bench, New Delhi.

(3.) The short facts are as under: In the year 1984, for the first time, a scheme of making appointments to the posts of General Managers was notified. That included a rule of predominance which restricted the number of posts of General Managers which could be held by officers of any one Railway Service. This scheme was replaced by a new scheme on 16/07/1986. In the said new scheme also rule of predominance was included. In terms of the said rule, holding of more than 6 posts of General Managers and equivalent by officers belonging to any one service was construed as undue predominance. The posts were enumerated in Appendix I to the scheme and are as follows: "appendix I List of posts of General Managers