P K JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who are at present holding the post of Permanent Inspector of Ways (hereinafter referred to as `the Inspector) in the Civil Engineering Department of Western Railways in the scale of Rs. 250-380 (A)/425-700(R) have by this petition challenged the final seniority list of the cadre of Inspectors wherein their names are shown at serial nos. 185 and 186 respectively on various grounds and are claiming higher seniority on the basis of their earlier selection held in 1968.

(2.) The relevant facts inter 6 are that the petitioners were initially appointed as Assistant Permanent Way Inspectors (hereinafter referred to as the Assistant Inspectors) in years 1960 and 1961 respectively. The next avenue for promotion is the post of Inspector. The post of Inspector is a selection post as shown in Appendix to the Indian Railway Establishment Manual and at the relevant time seniority was ma maintained on the Divisional basis. There were eight different divisions constituted in the Western Railways for administrative purposes and the seniority was regulated division-wise. Since the post of Inspector was a selection post the Selection Board of the Western Railways announced a selection test in June 1968 for the purpose of preparing a panel of selected candidates for promotions to the post of Inspectors in the scale of Rs. 250-380(A). the petitioners were Assistant Inspectors in the scale of Rs. 205 and they appeared at the above selection test. Thereafter by a memorandum dated 10-10-1968 result was announced and the petitioners were declared successful and therefore. their names were placed on the panel of Inspectors at serial nos. 6 and 7 respectively. The memorandum further mentioned that the selection had the approval of the competent authority. A copy of the said memorandum dated 10-10-1968 is produced at Annexure A to this petition and it clearly contains the aforesaid averments. The panel was made effective from 8-10-1968. In paragraph 6 of the petition the petitioners have averred that pursuant to the said empanelment they were promoted to officiate against non-fortuitous vacancies for various periods and are continuously officiating as Inspwectors from 12-1-1970 and 30-8-1970 respectively. There is no dispute raised by the respondents in respect of these averments of the petitioners.

(3.) It appears that the Rajkot Divisional office of the Western Railway declared that in termes of instructions contained in paragraph 2(3) of the litter dated 25-7-1967 of the General Manager (E) C.C.G. the unoperated portion of the panel for promotion of the posts of Inspectors in the scale of Rs. 250-380 (A) declared under Rajkot Divisional Office Memorandum dated 10-10-1968 as in 19-6-1969 is treated as cancelled and the employees whose promotion orders have been issued on or after 19-6-1969 if any will be treated as fortuitous. With the said declaration there was a copy to the letter to the General Manager dated 25-7-1969 wherein it was stated that the promotions reversions and transfers to staff in the category to Inspectors in the scale at Rs. 250- 380 including the selections was being done at the Divisional Level. How ever as a result to the decision taken by the General Manager the above category to the staff will thereafter be controlled at the Headquarters Level and the selection to the eligible Assistant Inspectors in the scale to Rs. 205-280(A) to the post to Inspectors in the scale to Rs. 250-380(A) their transfers and promotions on whole railway basis etc. will be arranged at the Headquarters level and with a view to implementing the above decision instructions contained in the said letter were issued for information and guidance. I will refer to the said instructions at an appropriate stage.