DAVINDERBATHIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these appeals are directed against a common judgment of the Central Administrative Tribunal, New Delhi dated 7-12-1990 disposing of the two suits filed before the sub-Judge, Delhi but stood transferred to the Central Administrative Tribunal in accordance with Section 29 of the Administrative Tribunals Act. The plaintiffs in both these suits who are the appellants herein have been working as Commercial Class III staff in the Grade of 260-430. The post of Enquiry and Reservation Clerk was in a higher grade of 330-560. The railway administration promoted the respondents to officiate as Enquiry and Reservation Clerk in the year 1978, though on ad hoc basis. The policy of filling up the post of Reservation Clerk has been changing from time to time. Prior to 1978, there was no direct recruitment to the post of Enquiry and Reservation Clerk and people from commercial side used to be posted as Enquiry and Reservation Clerk on optional basis by obtaining declarations from the employees that once they would be absorbed as Reservation Clerk they would not claim to go back to their original cadre, namely, commercial side. On the commercial category direct recruitment was made to the post of Junior Commercial Clerk in the pay scale of Rs. 260-430 and from that post promotion was being made to the post of Senior Commercial Clerk in the pay scale of Rs. 330-560 from which carde a further promotion was available as a Head Commercial Clerk in scale of pay of Rs. 425-640. On the reservation side, the Junior Commercial Clerks were being engrafted by way of promotion by obtaining their option and the declaration as already stated, in the post of Reservation Clerk having the pay scale of Rs. 300-560 and from the said post further promotion was available as Head Reservation Clerk. In accordance with the Railway Boards Circular dated 29-2-1964, the post of Enquiry-cum-Reservation Clerk was a selection post required to be filled up from amongst the staff who volunteered for absorption in the category from Commercial categories, namely, Ticket Collectors, T.T.Es, Goods, Luggage, Parcel and Booking Clerks with not less than 3 years' service and in making the selection, the railway administration was reqired to take into consideration the imperative need for having the Enquiry and Reservation Offices manned by smart persons of integrity who can maintain good public relations and whose record of service is unexceptionable. It was also indicated that there would not be direct recruitment to the posts of Enquiry-cum-Reservation Clerks but once staff from other commercial categories have offered for selection and have been drafted as Enquiry-cum-Reservation Clerks, they would seek further promotions in that cadre only. The relevant portion of the aforesaid circular is extracted hereinbelow in extenso:

(2.) The aforesaid Circular was revised by another circular dated 5-8-1976 for revitalizing the cadre of Enquiry-cum-Reservation Clerks and the said circular provided that 25% of the posts should be filled up by direct recruitment with the minimum educational qualifications for such recruitment being graduate. It was also stipulated that the women candidates should be favourably considered for absorption in the cadre. The said Circular of 1976 is extracted hereinbelow in extenso for better appreciation of the point in issue: The Board have had under consderation for some time past the question of revitalizing the cadre of Enquiry-cum-Reservation Clerks and its merger with the cadre of other Commercial Clerks. After careful consideration of various factors as well as the general set up obtaining at the more important Enquiry and Reservation offices on Railways, the Ministry of Railways have decided as under:-

(3.) In 1978, the railway administration took a decision that the Reservation offices in the four metropolitan cities of Bombay, Calcutta, Delhi and Madras should constitute a seniority unit separate from the rest of the Enquiry and Reservation cadre of the Railway and these units will have only women employees as Reservation Clerks. The existing quota of 25% by direct recruitment and 75% by selection from eligible staff was held not to apply to these units and all vacancies in the post of Enquiry-cum-Resevation Clerk were required to be filled up by the women staff available with the railway and then by direct recruitment of women candidates. The relevant part of the Circular of 1978 is extracted hereinbelow in extenso: