UNION OF INDIA Vs. AFROZ AHMED

JUDGEMENT

(1.) Union of India, Northern Railway, New Delhi has challenged by way of present Writ Petition two orders passed by the Central Administrative Tribunal dated 3rd February, 2005 and 7th April, 2005. By the first Order dated 3rd February, 2005 learned Tribunal allowed Original Application No. 1990/2004 filed by the respondent and by the second Order dated 7th April,2005 the review application filed by the petitioner was dismissed. By the impugned Order dated 3rd February, 2005 learned Tribunal has held that the respondents were wrongly denied benefit of the Assured Career Programme Scheme (hereinafter referred to as ACP Scheme, for short) and their seniority was to be reckoned from the date when they were appointed as Apprentice and not from the date they were appointed after completing 24 months of training. It was held that training was part of the process after appointment and the training period should be counted for the purpose of seniority as well as ACP Scheme. Learned Tribunal relied upon the judgment of the Supreme Court in Kuttiyappan v. Union of India and others reported in (1996) 10 SCC 340.

(2.) The stand of the petitioner before us and before the learned Tribunal was that seniority of the respondents has/had to, be determined under para 302 of Indian Railway Establishment Manual Vol-I Chapter-Ill (hereinafter referred to as IREM, for short). Ld. Counsel for the respondents argued that that the petitioner was wrong in denying seniority and benefit of ACP scheme to the respondents. It was submitted that training was after appointment was made.

(3.) The respondents are direct recruits and were appointed as Diesel Assistants. Under para 137(1) of the Indian Railway Establishment Manual, 50% of the vacancies in the grade of Diesel Assistants were/are to be filled up by lateral induction from First Firemen grade that are at-least VIIIth Class pass and are below 45 years of age. In case of shortfall the said vacancies could/are be filled up by promotion from Second Firemen having the same qualification and who were/are below 45 years of age. The balance 50% vacancies were/are to be filled up by lateral induction of matriculate First Firemen with minimum three years of continuous service and in case of shortfall by promotion from matriculate Second Firemen through departmental examination. Para 137 (1) further provides that if inspite of promotions their were/are shortfalls, that could be made good by direct recruitment through Railway Recruitment Boards.