PREM SINGH Vs. UOI

JUDGEMENT

(1.) Though learned counsel for the parties projected facts pertaining to W.P.(C) No.8512/2011 and W.P.(C) No.2628/2013 as if the two pertain to two different empanelments for promotion and notwithstanding learned counsel for the respondents not being able to throw any clarificatory light, from the final list of selected candidates, being 92 in number, issued on December 22, 2008, which has been challenged in the two writ petitions it is apparent that notwithstanding two notifications issued to fill up 125 vacant posts of Goods Guards by promotion from amongst Train Clerks, Ticket Collectors, Commercial Clerks, Shunting Masters, Cabin Men and Assistant Guards; being the notification dated October 24, 2007 and March 28, 2008, averments made in both writ petitions would reveal that under both notifications 125 posts proposed to be filled up were further categorized as 65 unreserved, 35 and 25 respectively reserved for SC and ST candidates and the written examinations were held on April 06, April 10, April 26 and April 27, 2008. On July 02, 2008 names of 164 candidates were declared having obtained more than 60% marks. A committee constituted considered the ACRs of the said 164 candidates and final result containing name of 92 candidates was notified on December 22, 2008. It is this list of 92 candidates which has been challenged in both the writ petitions. Before filing the Original Application before the Tribunal a representation was made on August 20, 2009 to the Competent Authority stating therein that since the Supreme Court had quashed Rule 219(g) of the Indian Railways Employment Manual as per the decision M.Ramjayaram Vs. GM South Central Railways & Ors., 1996 AIR(SC) 3126 and the Punjab & Haryana High Court had quashed Rule 219(j) of the Indian Railways Employment Manual as per decision dated April 09, 2008 Subhash Chand Joshi & Ors. Vs. UOI & Ors., 2008 2 SCT 787 the select list notified be set aside and re-drawn strictly as per merit position in the examination conducted in the month of April, 2008. They questioned the final select panel drawn up as per which the panel was drawn by following the principle that all those who had secured above 80% marks had their names entered as per their seniority in the feeder cadre till when half notified posts were exhausted and thereafter by adopting the same principle i.e. of seniority in the feeder cadre for those who had secured marks above 60%. The representation was rejected because on June 19, 2009 the Railway Board had issued a circular number RBE 113/2009 as per which, for future, select panels were to be drawn up in the order of seniority from amongst those who had secured a minimum of 60% marks with the exception that those who secured more than 80% marks would be placed at the top of the panel in order of seniority. We highlight that the only difference vis- -vis Rule 219(j) of the Indian Railway Employment Manual brought about by the new office order was that hitherto before only half vacancies were filled up as per seniority from amongst those who obtained more than 80% marks and as per the circular the restriction of only 50% posts being so filled up was done away with. The department took the stand that since the instant select list was prepared prior to June 19, 2009 the list would stand.

(2.) Ram Rajiv and others filed OA No.3092/2009 immediately after the representation was rejected but did not implead the persons whose names were included in the final select list issued on December 22, 2008. The Original Application filed by them was dismissed by the Tribunal vide order dated December 09, 2010 on the ground that they had not impleaded the selected candidates as respondents. Review sought by them of the order dated December 09, 2010 was dismissed by the Tribunal on February 07, 2011 against which writ petition filed registered as W.P.(C) No.6496/2011 was disposed of by a Division Bench of this Court on September 05, 2011 setting aside the orders dated December 09, 2010 and February 07, 2011 simultaneously permitting Ram Rajiv and others to implead the affected parties i.e. the empanelled candidates. At the remanded stage the Tribunal impleaded as respondents persons who would be adversely affected and allowed the Original Application filed by Ram Rajiv and others on May 31, 2012.

(3.) In the meanwhile Prem Singh and others who were also aggrieved with the same select list filed OA No.1727/2011 which was dismissed by the Tribunal vide decision dated May 19, 2011 on the ground; firstly that the Original Application filed in the year 2011 was belated, in that it laid a challenge to a select list notified on December 22, 2008; secondly that the persons whose selection was challenged were not impleaded as respondents and; lastly that the petitioners Prem Singh and others had participated in the selection process knowing fully well that the select list would be prepared as per Rule 219(j) of the Indian Railways Employment Manual.