UNION OF INDIA Vs. RK RAVAL

JUDGEMENT

(1.) THE writ petitioners in above Special Civil Application No. 5722 of 2001 are the Union of India and Western Railways. The said petitioners have challenged the judgment and order dated 30th April, 2001 passed by the Central Administrative Tribunal, Ahmedabad [hereinafter referred to as, "the Tribunal"] in Original Application No. 125 of 1993.

(2.) THE writ petitioners in above Special Civil Application No. 3552 of 2001 are the employees of the Western Railways. They have challenged the common judgment and order dated 30th April, 2001 passed by the Tribunal in Original Applications Nos. 555 of 1995; 567 of 1995; 568 of 1995 and 593 of 1995. The subject matter in both these petitions is identical.

(3.) THE applicants before the Tribunal were the employees of the Western Railways. In the year 1991, with the computerization, the Western Railways required competent staff to man the Computer Reservation Centers. Applications were invited from the existing staff of the Western Railways. Accordingly, the above referred employees had applied for appointment in the Computer Reservation Centers. The said employees were given training. After receiving training, they were posted in the cadre of Enquiry -cum -Reservation Clerks [hereinafter referred to as "the ECRC"] in the pay -scale of Rs. 1400 -2300. After serving as such for sometime, in the year 1993, the Western Railways decided to call upon the said employees working in the ECRC cadre either to opt to continue in the ECRC cadre or for repatriation to their parent cadre. It is this decision of the Western Railways which was subject matter of challenge before the Tribunal below. According to the applicants, their appointment in the ECRC cadre was permanent and there was no question of their opting for repatriation to their parent cadre. According to the Western Railways, the appointment made in the year 1991 was officiating appointment until regular staff was selected and employed.