M S USMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The question of law that arises in these appeals directed against order of central Administrative tribunal, Lucknow bench, is whether the appellants who were selected and appointed by a competitive examination against 10% quota reserved for graduates and were promoted even to a higher scale of pay could have been reverted subsequently, on assumption that the entire process of selection and appointment was against the rules.

(2.) Facts as they emerge from the order passed by the central Administrative tribunal and the affidavits filed by the parties, more particularly the Railways, are narrated in brief. In 1968 the Railway Board introduced a scheme under para 123 of the Indian Railway Establishment Manual in which provision was made for recruitment of Traffic Apprentices to the extent of 25% in various supervisory posts in the Transportation Department of the Railways. In 1972 the scheme of 25% was bifurcated pursuant to the decision taken in the Departmental council of the Ministry of Railways under the Joint Consultative Machinery Scheme and it was decided to recruit the Traffic Apprentices by two methods - 15% through agency of the Railway Service Commission and 10% from amongst the serving non- ministerial graduates of Transportation Department, through open Competition to be filled on basis of Limited Departmental Competitive Examination. It further provided that the departmental examination was to be conducted strictly in order of merit by subjecting candidates to written test and viva voce. On 22/7/1975 the Railway Board issued another letter communicating its decision that 10% of the annual vacancies in the category of Section Controllers, Station Masters (SMs) , and Assistant Station Masters (ASMs) Grade - Rs. 470-700 and Rs. 455-700 were to be filled in through departmental competitive examination from Class III non-ministerial staff who were graduates and less than 33 years of age. It was reiterated on 18/3/1976. The copy of the letter is extracted below :

(3.) The reason for reversion of the appellants may now be examined as to whether it was well-founded. In August 1983 C and D posts in the Northern Railway were restructured. It came into effect on 1/8/1983. The restructuring was done with reference to cadre strength as it existed on 1/8/1983. It provided for grant of pro forma benefit from 1/8/1982 to the staff eligible for higher grade. The restructuring in the category of SM/asm was in two groups depending upon whether existing cadres of SM/asms was separate or combined. It was further provided that revised percentage would be allotted depending upon whether the existing structure was combined or separate, since different practices were in vogue in different zones. In consequence of restructuring it appears all those ASMs who were working in the grade of Rs. 330-560 and were graduates and had worked earlier with appellants but had not appeared in the competitive examination or had appeared but failed stood upgraded and were placed in scale of Rs. 425-700 for ASM.