BADARJI MANGAJI Vs. DIVISIONAL RLY MANAGER BARODA

JUDGEMENT

(1.) * * * *

(2.) Obviously this policy decision which prima facie appears to the the opening doors for all the Class IV staff in the lowest grade of Rs. 30-35 and not the opening doors for the Glass III cadre like the cadre of Brakesman. The underlying spirit was to make available all the facilities to the Class IV staff. The General Manager Western Railway had therefore authorised the Chief Operating Superintendent to circulate two charts indicating the revised channels of promotion for the Class IV staff vide Annexure R-II. Mr. H. P. Sompura the learned advocate appearing for the petitioner complained that the Chief Operating Superintendent was not an authority to revise the channels of promotion for the Class IV staff but I did not think that an officer of his status and liability would take a policy decision on his own and therefore I called upon the Railway Administration to produce the original file before me with a view to enable me to ascertain whether it was the decision of the General Manager in exercise of his powers under Rule 158 of the Establishment Code or not. I am happy to say that the Railway Administration produced before me the proposal of the said officer approved in terms by General Manager of the Western Railway at Bombay. I therefore hold that it was a decision of the General Manager in exercise of his powers under Rule 158 of the Establishment Code and not an ex parte decision of the Chief Operating Superintendent. To say that the Railway Board wanted the Class IV employees in the time scales of Rs. 35-50 alone to be eligible for promotion to the Class III posts and to eliminate other Class IV employees in other time scales like Rs. 35-40 is unintelligible on the face of it. It was therefore in the fitness of things that the Railway Administration took the decision long long ago to make the promotional avenue of Brakesmans post as not confined to the Pointsman but as open to all the Class IV employees. In other words the Railway Administration made it not a normal avenue of promotion but made it a general avenue of promotion.

(3.) Mr. Sompura for the petitioner in this connection invited my attention to Rule 109 of the Establishment Manual. It has been actually reproduced at page 36 of the petition No. 2987 of 1979. It mentions that the Class IV Staff Promotion Committee had recommended that posts of Junior Clerks Material Checkers Store Clerks/Issuers Switchmen Cabinmen Shunting Jamadars Brakesmen etc. in scales such as Rs. 55-85 Rs. 61-85 Rs. 60-75 and Rs. 50-80 which are normally filled by senior Class IV staff should be wholly filled by promotion. This means that nomination was eliminated). It is further provided that the Government had decided to accept this recommendation of the Staff Promotion Committee. The general policy decision in this regard is as follows: