V. VIKRAMAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Selection to the post of Goods Guard in the Thiruvananthapuram Division of the Southern Railway in respect of 60% promotional quota is under challenge in this original petition.

(2.) Petitioners are working as Goods Guards (adhoc) in the Thiruvananthapuram Division of the Southern Railway. Annexure A2 notification was issued by the 4th respondent on 20.08.2008 for selection to fill up 24 vacancies of Goods Guard (UR 18, SC 4 and ST 2) in the scale of pay of "rupi foradian"' 4500 - 7000 from among four different staff categories by calling volunteers. As per the said notification, it was mentioned that, in terms of CPO/MAs letter No. P(S) 529/II/12/Vol.2 dated 26.10.1999, panel formed will be one for the notified vacancies amalgamating all the qualified personnel belonging to different categories (restricted to the extent earmarked to each group), making it clear that it will be as per seniority, based on the length of non-fortuitous service in the grade and treating persons in the higher grade being senior to those in the lower grade. Annexure A2 notification further mentioned that the selection would consist of written test only, and the syllabus for the written test was also prescribed. Volunteers were required to fulfil the terms prescribed such as: (a) employees should have put in a minimum period of 3 years of regular service as on 01.09.2008; (b) they should pass the medical examination in Class A2 and (c) they should pass the necessary guards training course ZRTI/TPJ.

(3.) On coming across the said notification, the petitioners applied for the post and participated in the written test, which was conducted on 21.02.2009. As per Annexure A3 dated 03.07.2009, it is evident that petitioners had successfully completed the training course for Goods Guards from 18.05.2009 to 22.08.2009. Thereafter they, along with 18 other persons named in Annexure A4 dated 29.07.2009, who were found as the senior most volunteers in the feeder category and who had successfully completed the training for the post of Goods Guards, were posted as Goods Guards on 'ad hoc' basis for a period of three months, pending finalisation of the selection. Among several conditions incorporated therein, it was also mentioned that regular posting against the posts will be made only to the employees who came out successful in the selection to the post of Goods Guard, for which written tests have been conducted on 28.02.2009 and 04.04.2009 and further that those who did not qualify in the selection to the post of Goods Guard will have no right over the post and will vacate the post immediately and will be repatriated to their parent cadre. While so, the result of the written examination for selection to the post of Goods Guard was declared as per Annexure A5 dated 22.12.2009, wherein the petitioners' names were mentioned at serial Nos. 62 and 68 respectively. Annexure A5 list was again published as per the proceedings dated 13.01.2010, as borne by Annexure A6. But a rider was placed towards the end, that the panel will be prepared based on merit with reference to the marks obtained by the candidates in 'professional ability and record of service' as per Railway Board letter No. 113/2009 circulated vide CPO/MAS PBC No. 121/2009 dated 07.07.2009. In other words, the basis for preparation of panel with reference to 'seniority' as given in Annexure A2 has undergone a substantial change.