UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) OFFICERS of the Railway Administration are the applicants in this Review Application.

(2.) THE Railway Administration, aggrieved by the order of the Central Administrative Tribunal, Madras Bench, dated 19.07.2005, made in O.A. No.882 of 2004, filed W.P. No.36108 of 2005 before this Court, which was dismissed at the admission stage, confirming the order of the Central Administrative Tribunal. THE second respondent herein, viz., M. Sathiamurthy, joined Railways on 05.01.1979 as Apprentice Mechanic (Junior Engineer Grade-II) against unreserved vacancy through Railway Recruitment Board. At the time of his appointment, he had mentioned his community status as 'Hindu' (not specifically mentioned his caste). Treating him as an unreserved candidate, the Administration promoted him as Junior Engineer Grade-I with effect from 1.8.1982 on ad hoc basis and regularised as such from 1.1.1984. In the meantime, he had produced a Community Certificate issued by the Deputy Tahsildar, Manapparai, claiming that he belongs to Uraly caste, which is coming under ST Community. THE administration advised him to obtain Community Certificate from the competent authority. Again, he produced a Community Certificate issued by the Special Tahsildar, Adi-Dravida Welfare, during 1984 and claimed the status of belonging to Scheduled Tribe. Ultimately, he produced a community certificate from the Revenue Divisional Officer, Trichy, during 1997 and the matter was referred to the District Collector, Trichy, to ascertain the genuineness. In the meantime, the second respondent filed a Suit before the Sub-Court, Trichy, in O.S.No.367 of 2001 for declaration that he belongs to Uraly caste which is coming under ST community and O.A. No.39 of 2002 before the Central Administrative Tribunal, Madras Bench. Subsequently, he withdrew the suit in O.S. No.367 of 2001 on 26.08.2003. THE Tribunal, by its order dated 30.04.2002, directed the applicants/Railways to treat the second respondent as a Scheduled Tribe candidate with effect from April 1984 on the basis of the Certificate issued by the Special Tahsildar, Adi-Dravida Welfare. As against the said order, W.P. No.39888 of 2002 was filed before this Court and the same is pending as on date. In the meanwhile, the second respondent filed another Application before the Tribunal in O.A. No.461 of 2004, praying for a direction to the Railway Administration to promote him to Group "B" service from 1991 and to grant actual benefits etc. THE Tribunal disposed of the said Application with a direction to the Railway Administration to consider the representations of the second respondent dated 03.11.2003 and 29.02.2004 in accordance with Rules. Accordingly, those representations were disposed of by the General Manager, Southern Railway, under letter dated 13.07.2004. THE second respondent was advised that, due to revision of seniority, he did not find a place within the zone of consideration arrived at three times the number of vacancies for the selection held during the year 1991. Even after applying the relaxed standards as provided in para 203.6 of IREM (Indian Railway Establishment Manual), his name did not come in the extended zone of consideration for Group "B" selection. Aggrieved by the disposal of the representation by which his claims were turned down, the second respondent filed another Original Application, viz., O.A. No.882 of 2004, before the Tribunal, challenging the said disposal and also seeking for a direction to promote him as Foreman Grade "B" from 01.07.1985 Foreman Grade "A" from 01.07.1987 and to grant Group "B" promotion against ST vacancies that arose against 70% regular selection from 1991 or on par with his junior G. Chandrasekaran, who was promoted to Group "B" service with effect from 28.12.1995. THE said Original Application was allowed with a direction to the Railways to grant all the monetary benefits to him within a period of three months from the date of receipt of the order copy. Challenging the order of the Tribunal, the second respondent filed W.P. No.36108 of 2005. THE only contention raised by the Administration was that the Railway Administration cannot consider the promotion of the second respondent unless his status has been decided by the Committee. THE Tribunal had relied on the provisions pertaining to promotion among Group-C staff which is not applicable to Group "B" - gazetted posts. THE second respondent has to undergo a positive act of selection to be entitled for promotion to the Group-B post of Additional Divisional Mechanical Engineer. THE selection consists of written examination and viva voce to be eligible for promotion to the said Group B post. Even as a reserved community candidate, the second respondent is not entitled to any relaxation more so when the post falls under "safety category". THE direction of the Tribunal is not only against law but also against the statutory Rules in force. Though a specific stand had been taken to the effect that his promotion to Group-B posts is purely by selection, the same was not considered by the Tribunal as well as this Court, hence, it has become necessary to file the present Review Application.

(3.) IT is seen that the second respondent, aggrieved by the order, dated 14.07.2002, passed by the General Manager, Southern Railway, Chennai, approached the Central Administrative Tribunal, for quashing of the same and prayed for a direction to the Railway Administration to promote him as Foreman (Grade 'B" promotion) against the ST vacancies that arose against 70% regular selection from 1991 or on par with the date of promotion of G.Chandrasekaran, who was promoted with effect from 28.12.1995, and to grant actual benefits and arrears of salary from the date of promotions. Before the Tribunal, the Railway Administration contended that mere eligibility will not give him any claim for Group-B service and that unless he gets through the selection, he cannot be promoted to the said service.