UNION OF INDIA Vs. RAMKUMAR PAL

JUDGEMENT

(1.) BY way of this petition, the petitioners have challenged the judgement and order dated 11.06.2003, passed by the Central Administrative Tribunal, Ahmedabad in Original Application No.353 of 1993, whereby the Central Administrative Tribunal has allowed the Original Application No.353 of 1993 preferred by the present respondent.

(2.) THE facts leading to the filing of the present petition are that the present respondent joined the service of the petitioner administration on 08.04.1979 as a Khalasi. THEreafter, he was promoted to the post of Dollyman (Semi skilled) on 16.10.1980. Prior to his promotion as Dollyman, which post was earlier carrying the scale of Rs. 210-290, the said post had come to be upgraded in the year 1978 and the scale of Rs.260-400 was given to the same post. THE respondent had worked as a Dollyman till the year 1992. When the post of Dollyman was abolished, all the Dollyman were absorbed as Boiler Maker. It is the say of the respondent that he was sent for the training of six months as Diesel mechanic along with other skilled category employees and had completed the training successfully. It is also stated by the respondent that he was allowed to take written test for the post of Apprentice Mechanic in the year 1987 but he could not clear the same.

(3.) WHILE considering the case of the present respondent, the Central Administrative Tribunal in paragraph Nos. 5, 6 and 7 has observed as under:- The same notification give a list of the employees who were considered eligible for the said post and that includes Dollyman also. It is therefore, quite obvious that prior to 1990 the Railway administration was treating the post of Dollymen as a skilled category post and the applicant was even allowed to appear in the written test for the post of Apprentice Mechanic held in the year 1984. It is unfortunate that he could not clear the written test and had failed therein. Subsequently, when in the year 1993 notification was issued for the written test for the said post of Apprentice Mechanic, his name was shown the eligibility list but he was declined permission to appear in the written test on the ground that he had not completed 3 years of service in the skilled category post. Reliance was placed for such refusal on the clarification issued by the Railway Board dated 21.03.1990. So far the Clarification issued by the Railway Board dated 21.3.90 on which heavy reliance is placed by the respondents, we find that the same has no application to the facts of the instant case. In their letter of 8.9.89 Annexure R/1 the South Central Railway had sought clarification as under: In this connection attention is invited to Board's letter No. E(P&A)1/82/JC/1 dated 4.4.84 according to which the Skilled Artisan who are upgraded to skilled grade, in terms of Board's letter dated 13.11.82, though allowed pay in skilled grade, are required to pass the trade test as per syllabus prescribed for promotion to skilled grade in cognate trade before they are considered for promotion to higher grade. Under these circumstances, the Board are requested to clarify whether the semi-skilled artisans who are upgraded to skilled grade, and have not gone into cognate trade after trade test are eligible to be considered for the post of Inter Apprentices (charge man 'B') through LDCE quota on par with the regular skilled grade III staff.