UNION OF INDIA & ORS Vs. SHYAM SUNDER

JUDGEMENT

(1.) The Northern Railway through Union of India has approached this Court claiming to be aggrieved by an order of the Central Administrative Tribunal (hereafter "the Tribunal") dated 15.01.2013 in OA 3546/2009 and 3547/2009.

(2.) The brief facts are that the applicants/respondents were holders of various feeder cadre posts such as Fitter Grade-III etc; they were promoted as Assistant Loco Pilot on 20.06.05. The Northern Railway issued an advertisement for filling up 609 posts of Loco Pilot (Goods) by way of promotions. The procedure was spelt out in Rule 215 of the Indian Railway Establishment Manual (IREM) Vol-1 which inter alia required two years' eligible service in the feeder category to be eligible for the post of Assistant Loco Pilot. It is not in dispute that the number of candidates called was three times the number of vacancies i.e., 1827 candidates were called to participate in the process. However, only 633 eligible persons were asked to appear in the selection, i.e., the written test. The applicants/respondents had secured 59.91 and 59.72 marks respectively. This was slightly below the cut off of 60% marks, which was determined as essential for appointment to the post.

(3.) In 2009 itself, certain applications were filed being OA Nos.1536/2009, 1665/2009 and 1817/2009, last of them being by one Mr. Ravinder Negi. That application of Mr. Negi culminated in an order requiring reconsideration. Upon being aggrieved yet again, Mr. Negi approached the Tribunal by filing OA No.2639/2009 contending that in terms of the existing policies, weightage between 5-15 marks had to be given to seniority. The Northern Railway had resisted the proceedings, contending that no such weightage could be given so as to render those who were unsuccessful in the selection process eligible for consideration for appointment. The contention of the petitioner/Railways, however, was rejected by the Tribunal in its order dated 21.05.2010. The Tribunal held as follows: