VIJU P VARKEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE judgment and order dated 20/7/2010 passed in Original Application No. 215/2008 [OA] by the Central Administrative Tribunal, Ahmedabad [hereinafter referred to as the 'CAT'] are under challenge in this petition. Special Civil Application No. 3216/2011 is preferred by promoted employee; whereas Special Civil Application No. 160/2008 is preferred by the Department against the same impugned order, thereby both the petitions are supporting each other to set aside the impugned order and to confirm the promotion of the petitioner in Special Civil Application No. 3216/2011. Therefore, both the petitions are heard and disposed of by this common judgment. For the sake of convenience, the facts are narrated with reference to Special Civil Application No. 3216/2011.

(2.) THE aforesaid OA was preferred by the respondent no. 4 herein challenging the confirmation of promotion of present petitioner by respondent nos. 1 to 3. By the impugned judgment, such order of promotion of present petitioner being order dated 3/12/2003 passed by the respondent no.

(3.) IT is not disputed that the petitioner was serving as a Personnel Inspector; whereas the respondent no. 4 was serving as Welfare Inspector. It is also not disputed that until 9/10/2003 there were three different cadres within the Railway which are named as [1] Personnel Inspector, [2] Welfare Inspector and [3] H.E.R. Inspector. It is also not disputed that by order dated 9/10/2003 the respondent authorities have decided to introduce unified cadre of Personnel Inspector only, thereby to merge all three cadres of Inspectors into one cadre, namely Personnel Inspector. It is also not disputed that though such amalgamation was made by an order dated 9/10/2003, such order does not confirm the actual date of amalgamation of the cadre from which effect is to be given or the cut off date for amalgamating cadre and for considering the seniority amongst employees of such three different cadres into one single cadre. Such order dated 9/10/2003 is at Annexure-2 at page 47 of the paper book, which confirms that on the basis of functional, operational and administrative requirement, it was decided with the approval of the President that the groups "C" and "D" categories of staff, as indicated in the Annexure, should be restructured in accordance with the revised percentage indicated therein. Some instructions were also issued in the same letter for its implementation. On perusal of such instructions, it has been clear that so far as the date is concerned, there is specific mention that the benefits of restructuring will be restricted to the persons who are working on a particular cadre on cut off date. However, such cut off date is not mentioned in such order dated 9/10/2003 though several other instructions and details with regard to various cadres, pay fixation, classification and filling up of vacancies, requirement of minimum year of service in each grade, basic functions, duties and responsibilities of amalgamated cadre, adjustment of excess number of posts, introduction of multi skilling merger of [i] SM/ ASM YM + TI [ii] Personnel /Welfare /HER Inspectors [iii] ESM & MSM, Introduction of direct recruitment, Gatemen, reservation, matching savings, Re-organization of Zonal Railways, etc. are provided. One of the provisions is regarding promotion in instruction no. 17, which also confirms that some relaxation was granted to the staff who had refused promotion before issuance of this order. If they are willing to be considered for promotion against vacancies existing on the cut-off date and existing due to restructuring on that date, but with a condition that this relaxation will not be applicable to vacancies arising after the cut-off date.