P SHIVA Vs. UNION OF INDIA REP

JUDGEMENT

(1.) THE petitioner is a graduate. He joined the Railways as temporary waterman on 25-6-1985. His temporary status was confirmed during 1989. He was empanelled as Box Boy on 14-4-1991.

(2.) RULE 127 of the Indian Railway Establishment Manual ['ire Manual' for short], provides that vacancies in the category of Ticket collector [a group-C post] will have to be filled, two-thirds by direct recruitment and one-third by promotion by process of selection from the eligible group-D category staff. As per circular instructions, selection for promotion is on the basis of merit, which is assessed on the basis of written examination [50 marks], interview [25 marks] and service record [25 marks]. Only those who obtain 50% marks in the written test are eligible for interview.

(3.) IN February 2001, fourth respondent invited application from in-service candidates for appointment to the post of Ticket Collector, under the one-third promotion quota. It is stated that petitioner was one among the 157 applicants. Out of them, 92 candidates appeared for the written test, held on 3-3-2001. Five candidates (including the petitioner) passed in the written test in general merit category by securing 50% and above. Two employees belonging to scheduled caste passed on the basis of relaxed standards [40% as against the minimum of 50% in written examination]. Nine employees belonging to SC/st who had failed in the written examination, but had secured above 20% were also considered under the 'best among the failed candidates' scheme. Vivo voce was held on 2-4-2001. On the basis of the marks obtained in the written examination, interview and considering the record of service, four candidates under general merit category, one candidate under sc category [relaxed standard] were provisionally selected and empanelled for the post of Ticket Collectors, vide Order dated 10-4-2001. Three failed candidates were also recommended for ad-hoc promotion under the concept of 'best among failed candidates'. The petitioners was one of the candidates empanelled for promotion, under the General Merit category.