UNION OF INDIA Vs. HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioners have filed the present writ petition challenging the order, dated 27.09.2010, made in O.A.No.598 of 2009, passed by the Central Administrative Tribunal, whereby and whereunder the original application, which was filed by the second respondent herein against the order rejecting his representation seeking revision of seniority, passed by the second petitioner herein, dated 18.05.2009, was allowed and the respondents therein, who are the petitioners herein, were directed to assign the seniority of the applicant as per Paragraph 303 of Indian Railway Establishment Manuel and RBE No.107/94 (Supplementary Circular No.34) based on the marks obtained in the examination conducted at the end of the training.

(2.) IT is the case of the petitioners that the post of Goods Guard carrying the scale of pay of Rs.4500-7000 is a safety category post and the mode of filling up of the said post is prescribed in Paragraph 124 (1) of Indian Railway Establishment Manual. Volume 1 as amended by Advance Correction Slip No.47, which reads as follows:- i.60% by general selection from amongst serving regular employees with a minimum of three years service working in Grade(s)Rs.3050-4590-3200-4900/4000-6000 in the categories of Train Clerk/Senior Train Clerk, Commercial Clerk/Senior Commercial Clerk, Ticket Collector/Senior Ticket Collector, Switchmen, Assistant Guard/Senior Assistant Guard and Yard staff. ii.15% by LDCE plus shortfall if any against (i) above, from amongst regular, non-ministerial Group "C" employees with a minimum of 3 years service, working in Grade(s) Rs.3050-4590-3200-4900/4000-6000 upto 40 years of age (45 years in the case of SC/ST) and having the qualification of graduation and iii.25% by direct recruitment quota through Railway Recruitment Board plus shortfall if any against (ii) above and having the qualification of graduation.

(3.) IT is also the case of the petitioners that in the above background, they have initiated a selection for the post of Goods Guard in the Scale of Pay of Rs.4500-7000 in order to fill up 18 vacancies with the break-up of Scheduled Caste-Nil; Scheduled Tribe-3 and Unreserved-15 against 60% promotional quota by issuing Notification, dated 27.09.2006. It is the further case of the petitioners that the post of Goods Guard against 60% promotional quota is filled up by way of calling volunteers from various categories indicated in Paragraph 124 (1) of Indian Railway Establishment Manual. Volume 1 and in response to the same, 159 employees volunteered from various categories to appear for the selection and all of them were initially alerted for the selection by letter dated 01.12.2006 and later advised to attend the written examination on 16.12.2006. It is also the case of the petitioners that among 159 employees, 141 had appeared in the written examination and the remaining 18 employees did not turn for the written examination and out of 141 employees, 38 employees including the second respondent herein secured the requisite qualifying marks in the written examination.