YASHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of these petitions under Art. 32 of the Constitution the petitioners claim relief for quashing Railway Board's Circular/letter No. E(NG) I/69/PMI-180 dated 2/07/1970 and No. E(NG) I-80-SR6-39 dated 28/11/1981. They further claim relief for the issue of writ in the nature of mandamus restraining the respondent, Railway Authorities, from altering or issuing seniority list in pursuance of the Railway Board's Circular dated 28/11/1981 and to maintain the previous seniority list issued in 1968 for the purpose of promotions, confirmation and further advancement.

(2.) IN the INdian Railways, initial recruitment of Train Examiners, used to be made in the entry Grade D in the pay scale of Rs. 100-185. Prior to 1/04/1966 recruitment to Grade D of Train Examiners was made from two sources (1) by promotion of skilled artisans working in the lower grade, (2) by direct recruitment of apprentices having completed prescribed four years' training. 50 per cent of the vacancies were filled by apprentices while the remaining 50 Per Cent of the vacancies used to be filled by promotion of skilled artisans. Promotion from entry Grade D was made to next higher Grade C of Train Examiners in the pay scale of Rs. 150-225 and later these grades were revised and the scale of D Grade was raised to Rs. 180-240 and that of C Grade to Rs. 205-280. Promotion to Grade C used to be made on the basis of seniority-cum-suitability without any distinction of promotee or direct recruits. Because there was increase in the work load of Train Examiners the Railway Board took steps to re-organise the cadre of Train Examiners. With that end in view, it issued a notification on 27-10-1965 which directed that vacancies in the entry grade of Train Examiners in the scale of Rs. 120-140 should not be filled from apprentice Train Examiners up to 50 per cent as hitherto, but should exclusively be filled by prmotion of skilled artisans. It further provided that vacancies in the next higher Grade C (in the scale of Rs. 205-280) should be filled from amongst the Train Examiners working in the grade of Rs. 180-240 to the extent of 20 Per Cent . The remaining 80 per cent vacancies were to be filled by direct recruitment of apprentice Train Examiners who may have successfully completed prescribed training. Paragraph 2 of the notification provided that the apprentice Train Examiners recruited on or from 1-4-1966 shall be given training for a period of 5 years and from the same date artisans recruited in the lower grade as apprentice Train Examiners shall be given 'in service' training for a period of three years. The circular upgraded 50 Per Cent of the existing posts of Train Examiners from Grade D to Grade C in the scale of Rs. 205-280 which were earlier earmarked for Apprentice Train Examiners. The notification further directed that with effect from 1-4-1966 all the apprentice Train Examiners on successful completion of their training should be straightway brought to the scale of Rs. 205-280 instead of being first absorbed in the scale of Rs. 180-240 as was being done prior to the issue of the notification. Apprentice Train Examiners who were undergoing training on the date of the issue of notification were directed to be brought to the working posts before 1-4-1966 and they were allowed stipend in the scale of Rs. 180-240 during the period of their training and their period of training was increased from four years to five years. On the completion of the training they were straightway posted in Grade C in the scale of Rs. 205-280. Those apprentice Train Examiners who had already been or may be absorbed in the scale of Rs. 180-240 up to 3l-3-1966 were directed to be accommodated first in the scale of Rs. 205-280 in Grade C against the quota of 80 Per Cent vacancies reserved for them, and they were not required to undergo selection before being absorbed in that grade.

(3.) THE Railway Board issued another Circular No. E(NG)i/69/PM1-180 dated 2/07/1970 laying down procedure for filling of posts of Train Examiners and upgradation of posts. It directed that vacancies arising in Grade C after 1-4-1966 to the extent of 50 Per Cent shall be maintained in that grade and the remaining 50 Per Cent shall be down graded to the scale of Rs. 180-240 to be filled by promotion of skilled artisans. It further directed that 50 Per Cent of the vacancies in Grade C should be filled by direct recruitment of apprentice Train Examiners with five years' training to the extent of 80 Per Cent thereof and the remaining 20 Per Cent by promotees from Grade D as laid down in paragraph 1 of the Railway Board's Circular dated 27-10-1965. This procedure was directed to be followed till the cadre position was normalised and the excess in the Grade of Rs 205-280 were eliminated. Paragraph 2 of the circular further directed that those promoted to Grade C in the scale of Rs. 20-5-280 as on 1/04/1966 will be assigned seniority amongst themselves in the order of their inter se seniority in Grade of Rs. 180-240 for the purposes of confirmation in that grade and also for further advancement and they will rank senior to those recruited as apprentice Train Examiners with five years training and appointed after 1-4-1966 in the Grade of Rs. 205-280. THE result of the circular was that all those promotees who had been appointed to Grade D prior to 1-4-1966 stood absorbed in Grade C and they were granted seniority in that Grade with retrospective effect viz. with effect from 1/04/1966.