UNION OF INDIA Vs. R B SRIVASTAVA

JUDGEMENT

(1.) Rule D.B. List in the category of "Regular Matters" at its turn. CM No.10819/2008 The petitioner UOI through Secretary, Railway Board has sought stay of impugned order dated 12th March, 2008 passed in OA No. 893/2005 whereby the petitioners have been directed to extend the respondent benefits given in another decision of the Tribunal being OA No. 945/1994, R. Khosla Vs. Union of India & Ors. and re-assign the respondent's seniority along with the batch-mates of 1970 batch on completion of four years apprenticeship and to grant all consequential benefits.

(2.) According to the petitioners, as per Railway Board instructions dated 12th December, 1962 and 10th April, 1070, it was mandatory for SCRA to pass either Part-I and Part-II of CEI (London) or Section A & B of AMIE (India) Examination within the said period of four years and the apprentices were also required to pass semester examinations conducted by the Indian Railway Institute of Mechanical and Electrical Engineering, Jamalpur.

(3.) Petitioners' contention is that the apprentices were to be appointed as probationers only on their passing in full either both the parts of the AMIE (London) or Sections A & B of AMIE (India) Examination. Further plea of the petitioners is that the respondent cleared part I and five out of six papers of CEI (London) Examination at the time of passing out from Jamalpur and remaining one paper of part II of CEI (London) Examination was cleared on 7th February, 1977. Since the respondent had not cleared the examination even within the extended period as permissible, he was not entitled to be continued as an apprentice and consequently not entitled to benefit of seniority from the date of completion of apprenticeship after four years and therefore, the respondent cannot be equated with the candidates who have cleared the examination within the period permissible under the rules.