LEELA CHOPRA Vs. SURINDER PAL SINGH

JUDGEMENT

(1.) The challenge in this appeal relates to the cadre of telephone operators and to the cadre of clerks and their seniority on the merger of the two cadres and/or on transfer/absorption from one branch to another branch and turns on the answer to the question whether the transfer is in the interest of administration or the transfer is on request.

(2.) The Indian Railways owned and managed by the State employ several lacs of people. Rules issued by the President in exercise of powers conferred on him by the proviso to Article 309 of the Constitution of India governing general conditions of service applicable to Railway servants are contained in the Indian Railways Establishment Code-Volume 1. We are refeirng to the Rules given in the compilation of .1985. Some of these Rules correspond to the Fundamental Rules and Supplermentary Rules applicable to all civil servants (other than Railways servant) under the Indian Union, who arc subject to the rule-making powers by the President. For the purpose of these rules, the Railway Services have been classified into Gazetted and non-Gazetted (Rule 106). The Gazetted comprises of Railway Services, Group 'A' and Railway Services. Group 'B'. The non-Gezetted comprises of Railway Services, Group 'C' Railway Services, Group 'D' and workshop Staff (Groups 'C' and 'D'). Posts have been created from time to time and added to the existing cadres with scale of pay revised from time to time. They were classified into various categories. depending upon the scale of pay and grouped together into four groups. All Gazetted and non-Gazetted posts created subsequent to April 1, 1976 are to be classified into Group 'A' Group 'B', Group 'C' and Group 'D' posts. The establishments and categories falling under the services mentioned in. Rule 106 are shown in Rule 108. There is a sanctioned strength of the various cardes. The cadre of the services and departments included in Railway Services Groups 'A' and 'B' (other than Medical Department and Specialists) posts in Indian Railways is to be fixed. according to the principles laid down in Rule 111. Separate cadres are required to be maintained for each Indian Railways The posts required for each service or department have first to be determined and the suitably divided, into various special grades. Similarly the number and character of Groups 'C' and 'D' posts in the Office of the Railways Board and other officers and projects are determined.

(3.) The Indian Railways Slave been divided into different zones and their Headquarter, inter alia, Northern Railways with which we are concerned in the case. Each Railway Zone is further divided for the purposes of administrative functions into different divisions. We are concerned in this case with the : Delhi Division of the Northern Railway. Each Railway Zone is divided at Headquarters and has branches including Operating. Commercial, Civil Engineering, Mechanical Engineering, Finance and Accounts, Personnel, Signal and "Tele-communication. Electrical Engineering, Medical, Stores, Security etc.