CHAIRMAN RAILWAY BOARD Vs. REGISTRAR CENTRAL ADMINISTRATIVE

JUDGEMENT

(1.) Challenge in this Writ Petition is the order of the Tribunal in O.A.No.520 of 2005 holding that notification dated 29.11.2004 and absorption of substitutes should not become a source of recruitment and directing the Appellants to strictly confine the recruitment in terms of Constitutional Scheme.

(2.) The educational qualification prescribed for Group 'D' in Railway Establishment is VIII standard pass. Group 'D' services mainly comprise of unskilled labour such as Khalasi, Sweepers, Sweeper-cum-Porters, Trackman etc. Up to 2001, recruitments for Group 'D' posts were to be made by Zonal Railways from open market at the level of Divisions/Workshops. By the letter dated 27.11.2001, the Railway Board advised that Group 'D' recruitment from open market was thereafter to be done by the Railway Recruitment Board. Again from 18.7.2005 Board advised that recruitments to Group 'D' posts are to be done by Zonal Railways themselves by creating a Recruitment Cell specially for recruitment purpose. Creation of a separate Recruitment Cell in a full-fledged manner and thereafter, issuing notification for Group 'D' recruitment and finalising the same needed considerable time.

(3.) By the letter dated 21.6.2004, the Board clarified that Course Completed Act Apprentices may be engaged as substitutes in administrative exigencies by the General Managers of Zonal Railways. The General Manager, Southern Railway approved engagement of Course Completed Act Apprentices trained in Railway Establishments as substitutes in Group 'D' safety category vacancies in order to meet out the bare minimum requirement of manpower. Case of Appellants is that the same was resorted to due to the reason that the Apprentices trained in the Railway Establishments would be in a position to directly undertake the work without any further training. Accordingly, notification No.P(S)/98/IV/P/Vol.III dated 29.11.2004 was issued calling for applications from the Course Completed Act Apprentices trained in Railway Establishments and process started.